The original Planning Application to develop the Debenhams site in the centre of Staines was refused by the Spelthorne Planning Committee in June last year. The developer took it on Appeal. Just over a year later the Planning Inspector refused the Appeal.

A most welcome decision for an important site in the centre of Staines.

But there are a few lessons to be learnt from the Inspector’s decision.

There were two lines of defence constructed up by Spelthorne’s planners and lawyers in their response to the Appeal

Firstly, some protection as to the design aspects of any development on the Debenhams site would have been given by the draft Local Plan. The draft Local Plan, then as now, had not completed its progress through the legal process of consultation and examination. But when the Inspector began her deliberations, the draft Local Plan at least had the prospect of continuing through the legal process unhindered. As we all now, any progress has now been halted (“paused” in the current euphemism). As the Inspector says at paragraph 2 in her Decision:

“…the emerging Local Plan, and associated documents, are a considerable way off adoption. Accordingly, I consider the Local Plan, associated documents, and the allocation of the appeal site carry limited weight in the determination of this appeal.”

Thank goodness, then, that the Spelthorne planners and lawyers had a second line of defence, that of protecting a significant heritage asset. It was the Borough’s compelling arguments on this aspect of the development which persuaded the Inspector.

This site was saved by its status as being a heritage site in the Borough.

However, most  sites elsewhere in the Borough do not enjoy such status, and are therefore even more vulnerable to predatory planning applications, since we have no Local Plan.

This decision underlines, therefore, how important it is to have a Local Plan that is at least making progress through the Examination process. Every day that we do not have such a Plan moving through the process leaves sites across the Borough at open risk of being picked off by developers.

Even Green Belt status has little meaning unless you have a valid Local Plan to justify it. See the planning history of the Bugle Nurseries site.

Despite being Green Belt, the Planning Inspector on Appeal granted the developer’s application on the grounds that Spelthorne is “…unable to demonstrate a 5-year supply of housing land” – because we do not have a Local Plan.

It is happening again right now. See the Running Horse Site in Sunbury Common, again on Green Belt. Who’s willing to bet this site won’t eventually go the way of Bugle Nurseries?

We said we’d get back to you about the decisions made (or not made) at the last chaotic meeting of the Corporate Policy and Resources Committee on 26 June.

These are the relevant votes on the Local Plan:

1. Not agree to using the “Vision” dated December 2021 as a baseline benchmark against which the Regulation 19 Submission version of the Local Plan and not to make a recommendation to Council to adopt the “Vision” for this purpose;

2. Not agree the draft provisional specification of works drawn up by the proposed ‘critical friend’ for the review;

3. Agree to issue a direct award contract to Catriona Riddell Associates (CRA) to undertake a review of the Local Plan;

4. Agree to give delegated authority to the Chief Executive and the Group Head of Corporate Governance to enter a contract with CRA;

5. This recommendation was not voted on due to the vote against recommendation 1;

6. Agree that the costs for the review would come from the Corporate Budget;

7. Agree to set a date of 14 September 2023 for an Extraordinary Council Meeting (ECM) in line with the motion agreed at the ECM on 06 June 2023;

8. Agree to note the risk considerations; and

9. This recommendation was not voted on due to the vote against recommendation 1.

Thanks goodness they decided to ditch the “Vision”. What a load of old tosh it is. We must be thankful for small mercies.

Now all these votes will be voted on yet again at the Full Council meeting on 13 July. We just can’t fidgeting with excitement…