Out-Law News 1 min. read
30 May 2012, 5:30 pm
Developer Oakgate was granted permission by the Council last week for a retail led scheme and a 6,000 seat community stadium which the Council said had "strategic significance" to the Core Strategy which would lead to "considerable amendments".
"The proposals at Monks Cross clearly have strategic significance and we accept that changes to the Core Strategy are necessary in order to reflect the approved scheme," said Bill Wolley, York City Council's director of city and environmental services, in a letter to the examining officer (1-page / 18KB PDF.)
"These changes would lead to considerable amendments to some strategic policies submitted in February 2012 for examination. Accordingly, within the context described above we have reluctantly come to the decision to recommend to Council at the earliest opportunity the withdrawal of the Core Strategy; we would then take the appropriate steps to formally withdraw the Plan," he said.
On hearing that the Council's decision "in principle" was to approve the Monks Cross proposal, the examiner wrote to the Council to voice his concern.
"I assume that the Council will now wish to alter its policies in the Core Strategy to reflect its decision in principle to grant planning permission at Monks Cross," the examiner said in a letter (3-page / 59KB PDF). The examiner noted that this would mean "significant and major changes" to many of the policies in the Core Strategy.
The examiner said that it is likely the "changes would result in a substantially different set of strategic policies and direction for York from those submitted", and pointed the Council to guidance that recommended withdrawal of the Core Strategy.
"If major additional work needs to be carried out on a development plan document (DPD), it is likely that the submitted DPD was not ‘sound’ on submission and the LPA should follow the withdrawal route," the Inspectorate's Gguidance booklet said, according to the examiner's letter.
The examiner had also raised concerns over the whether the Council had fulfilled the Localism Act's 'duty to co-operate' in March and questioned whether the authority had complied with the requirements of the strategic environmental assessment regime.