The
Inspector who considered the draft Core Strategy at Examination in 2008
recommended in his report that the list of Green Belt Settlements (GBS) be
deleted from the Core Strategy and that Local Plan policies RE3, ‘Housing in
the Green Belt Settlements’, RE4 ‘Commercial and Community Facilities in
the Green Belt Settlements’ and RE5 ‘Dormans Park and Domewood’
should be superseded by the Core Strategy. He went on to say that this
would mean that the Local Plan Proposals Map would no longer show the GBS boundaries
as the policies behind them would no longer exist.
In
accepting the Inspector’s binding report and adopting the Core Strategy on 15th
October 2008 the three Local Plan policies referred to above were superseded
and the Council stopped applying the GBS policy approach. Any planning
application determined after the adoption of the Core Strategy, within those
“former” GBS was considered against “general” Green Belt policy.
A
recent legal opinion sought by a developer on another matter concerning
affordable housing in the Green Belt was questioned by the Council who then
sought its own legal opinion. The legal advice to the Council has brought to
light another and fundamental matter, i.e. that the Green Belt Settlements
still exist as a matter of fact and law, notwithstanding the Inspector’s
binding recommendation to delete them, pending a Site Allocations DPD which
will be accompanied by a new proposals map. Counsel’s opinion is based on
the fact that comments in the Inspector’s Report are ambiguous and are lacking
in clarity. The revised wording added to the Core Strategy, as amended by
the Inspector is not considered to be clear either.
As
a result of the legal opinion the Council is reverting to considering proposals
within these areas as being within the Green Belt Settlements.
More
information on this decision can be seen at http://www.tandridge.gov.uk/Planning/PlanningPolicy/green_belt.htm
Head
of Planning Policy
Planning
Tandridge
District Council
Tel:
01883 732860
E-mail:
pnewdick@tandridge.gov.uk