URL: https://mansfield.moderngov.co.uk/ieDecisionDetails.aspx?ID=2007

Decision Maker: Assistant Director of Planning (Chief Planning Officer)

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: To commission the transport consultants preparing the local plan to support in Duty to Cooperate discussions

Content: That the contract for transport planning and engagement support set out below in connection with the Mansfield District Local Plan Review is awarded via direct award to Systra at a cost of £45,000 noting that the relevant Corporate Director has approved an exemption form on the grounds of urgency.   The Legal Services Manager be authorised to negotiate, finalise and complete all necessary legal agreements and other documents to give effect to the above   Mansfield District Council is currently preparing its Publication Draft Local Plan (in accordance with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012). The contractor is currently preparing the transport evidence to underpin the Council’s Local Plan, including strategic and local transport modelling, to inform the development, testing and assessment of spatial growth options.   The Council is close to finalising preparation of the Regulation 19 stage of plan preparationunder the current plan making regulations. This version of the Local Plan should be the Council’s final version before it is submitted to the Planning Inspectorate (PINS) acting for the Secretary of State (regulation 22 stage) for an Examination in Public (EIP).   Officers have identified that transport policies and the supporting evidence for them and provision of employment and housing growth are likely to be one of the most important considerations by the Planning Inspectorate (PINS) in order to establish if the plan is considered sound. To ensure the risk of being found unsound on Transport matters are minimised it is considered that the contractor needs to provide additional support urgently, most particularly in respect of undertaking:   A pre-examination review of the Local Plan’s transport policy wording; To provide support in preparing Statements of Common Ground (SoCG) in relation to transport, particularly in relation to National Highways who are responsible for the Strategic Road Network (SRN) including the M1 which is in close proximity to MDC and the evidence to date is indicating housing growth will impact; and in relation to Nottinghamshire County Council Highway Authority who manage the non SRN in Nottinghamshire.  To provide support in preparing the Local Plan’s Transport Topic Paper; and To provide support in quantifying the highway flows associated with specific development sites on proposed junction improvements (identified as part of the mitigation package in the emerging evidence to date)   The importance of the above work and the need for it to be progressed urgently has been reinforced by feedback from Intelligent Plans (a critical friend company consisting of very experienced past Local Plan Planning Inspectors) which has recently reviewed the Transport Issues flagged by the initial evidence base traffic modelling work by SYSTRA and correspondence with key stakeholders National Highways and NCC Highways for MDC.   It should be noted the government has made clear that the transitional plan making arrangements under the Levelling Up & Regeneration Act (LURA) will come to an end on the 31st December 2026. Plans prepared after that date will need to follow the new plan making procedure. It is anticipated based on advice from the Planning Advisory Service (PAS) that its possible an approximately 2 year delay could ensue should the deadline for submission by 31 December 2026 be missed and the new procedure followed. Such a delay could cause a range of other evidence collected to date, to go out of date with additional costs to then update. The Adopted Local Plan 2013 - 2033 will also continue to lose relevance as it becomes further out of date resulting in a loss of weight in decision making and consequently the higher risk of decisions being made on a national policy basis rather than at the local level.   In order to submit to the Planning Inspectorate (PINS) the emerging Mansfield Local Plan by 31st December 2026, it is estimated that the regulation 19 plan needs to be in draft form by mid-July and published by 18th August in order to go through the appropriate committee processes for consideration by Overview & Scrutiny, Portfolio Holder and then by Full Council by the 15th September 2026 for consultation commencement on the week commencing 21st September 2026. It is proposed subsequent submission of the plan is by the week commencing 21st December 2026.   It is considered that in order to meet this challenging timescale and to prepare a local plan that is considered sound at the Examination in Public (EIP) a direct award approach is considered necessary in order for the work to be done in time.    For an officer (s) to undertake the work. However, it has been identified through project management programming and a review of risks in delivering the plan to timetable and having regard to the necessary experience required to address key transport issues with the Highway authority and National Highways that there would be a very significant risk of officers being diverted off their other plan preparation tasks by this work and that the officers would not have the necessary inhouse expertise to withstand the scrutiny that an Examination would bring without the additional expert support.    Not to do the additional work. It is clear from ongoing dialogue with the consultants, NCC Highways, National Highways, and having regard to feedback from Intelligent Plans Critical Friend feedback, that the additional work is required to avoid the likelihood of ‘in principle objections’ to the plan from National Highways and NCC Highways and the risk of the Local Plan Review being found unsound being high.    To do further soft market testing with other companies able to offer a similar service. However, the contractor has already been chosen through a robust procurement process in 2024 to lead on gathering the transport evidence to date, most particularly in relation to traffic modelling. Going through a further procurement process for the new tasks set out above would delay the plan so that the necessary timescales could not be met. Given the contractor’s involvement to date it is unclear whether there would be any benefit from engaging in an alternative provider who would need to get up to speed. Furthermore, at such a late stage in the Local Plan preparation process and with the tight timescales in place it is considered unlikely based on officers’ past experience that alternative providers would be willing to bid or have the capacity to do the work given no doubt their other work demands from other local authorities looking to also submit their plans before 31st December 2026.

Date of Decision: July 1, 2026