March 2024
By Richard Knox-Johnston
Why Solihull?
The Metropolitan Borough of Solihull is very similar to many districts in London’s Green Belt. It abuts Birmingham and has a considerable area of Green Belt which during the local plan process, it has been forced to surrender.
As you are doubtless aware there was a revised NPPF published on 19th December 2023 together with a Ministerial Statement which gives further information and clarity. It was made clear that a Local Plan at examination stage (19) would be considered on the previous NPPF, in order to speed up the completion of local plans.
The Sollihull Local Plan is now at the Regulation 19 / Examination stage and is already being examined by two inspectors. They wrote on the 11th January 2024 to say that the plan was being considered under the previous NPPF and clearly, therefore, the updated NPPF does not apply.
The inspectors then said that it followed that there were no implications from the new NPPF so the rationale for a pause no longer existed. They then added they were not seeking any submissions from the Council or any other parties on the substantive issues of soundness and their conclusions on them. In other words, they were not prepared to hear any further submissions that may have been altered by the new NPPF or Ministerial Statement.
However, interested parties were concerned that the policy basis for a large loss of Green Belt, included in the plan, was wrong.
- The government’s standard calculation method to estimate housing needs no longer has to be followed and should be treated as “an advisory starting point”.
- The Council is (and was) not required to carry out a Green Belt review so as to provide land to deliver the housing numbers produced by the standard method.
- The Council can now use the constraint of the Green Belt to reduce the numbers of new houses that it should provide.
In addition, there should be less need to supply housing for Birmingham’s need as there is now a constraint on Birmingham to regenerate and build their need for housing using brownfield land.
In response to the inspector’s letter, Solihull Council have replied:
- They acknowledge the need for a local plan in order to protect a green wedge and Green Belt
- They have, during the plan making process, sought to achieve a pragmatic solution.
- That they have consistently delivered on housing.
- They recognise that the plan should be examined under the previous NPPF.
- “The Council believes that the situation is more nuanced as there are significant indirect consequences of this change in policy that have a bearing on the examination of the Solihull Local Plan.”
They then look at three options:
- Continue with the examination and seek amendments, particularly on Green Belt issues.
- Withdraw the plan and prepare a fresh one – this would therefore be under the new NPPF.
- Continue with the examination of the plan but without any further allocations.
The Council also points out that should the Inspectors find the plan “unsound”, then it is difficult to see an alternative to withdrawing the plan (and starting again).
The Council has requested that all interested parties have the opportunity to make representations.
That they “prefer a reasonable and pragmatic approach.”
We await the response from the inspectors and will keep our members informed.