Decision

The Cabinet has decided to approve proposed main modifications to the Horsham District Local Plan 2023-2040 for a 6-week representation period.

Analysis

outcome: Recommendations Approved

summary: The decision involves approving proposed main modifications to the Horsham District Local Plan 2023-2040 for a 6-week representation period.

topline: The Cabinet has decided to approve proposed main modifications to the Horsham District Local Plan 2023-2040 for a 6-week representation period.

reason_contentious: This issue is contentious as it involves public and stakeholder participation in the preparation of a new Local Plan, which can impact development and infrastructure in the district.

affected_stakeholders: ["Council members", "Local residents", "Developers", "Infrastructure providers"]

contentiousness_score: 7

political_party_relevance: There are no explicit mentions of political parties in the decision.

URL: https://horsham.moderngov.co.uk/ieDecisionDetails.aspx?ID=899

Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Purpose:

Content: RESOLVED   i)               That the Horsham District Local Plan 2023-2040 Schedule of Proposed Main Modifications as contained in Appendix 1, and updated policies maps as set out in Appendix 2 of this report replacing the published Inset Map 29 – Rusper with the Inset Map 29 – Rusper published as an addendum, together with the updated Sustainability Appraisal, Habitats Regulations Assessment and other updated evidence base documents for a 6 week period of representation from Monday 13 July 2026 to Monday 24 August 2026 be approved.   ii)              That authority be delegated to the Director of Place and Head of Strategic Planning, in consultation with the Cabinet Member for Planning and Infrastructure to modify the schedule of proposed main modifications i) for the purpose of correcting errors ii) to take account of any feedback or correspondence provided by the Inspector in relation to the main modification documentation.   iii)             That is be noted that if the Planning Inspector recommends modifications to the Local Plan under section 20(7C) of the Planning and Compulsory Purchase Act 2004, Cabinet will be asked to modify the submission version of the Local Plan to incorporate these modifications (along with any additional minor modifications) and to recommend adoption of the Local Plan (as modified) to Full Council.     REASONS   i)               The recommendations are required to ensure that the Council meets the statutory requirement to carry out a Local Plan review, and to meet the requirements in the Town and County Planning (Local Planning) (England) Regulations 2012.   ii)              It is both legally necessary and appropriate to invite public and stakeholder participation in the preparation of a new Local Plan for Horsham District.   iii)             To correct any typographical or factual errors, or to reflect feedback or advice which may be received from the local plan Inspector in connection with the Main Modifications, following the publication of this cabinet report.   iv)             To enable the Local Plan to continue to progress through independent examination and accord with government requirements to have an up-to-date local plan.     ALTERNATIVE OPTIONS CONSIDERED BUT REJECTED AS IDENTIFIED IN THE REPORT   An alternative option which is available to the Council is to decide to withdraw this plan from examination and commence planning under the new planning regulations. The impacts of withdrawal of a plan were outlined in a paper considered by the Communities and Place and Scrutiny committee on 23 July 2025. Whilst the context of the discussion has changed, many of the key risks remain and are highlighted below. Withdrawal of the plan will leave the Council in a position where it has no five-year housing supply against the most recent standard housing methodology as set out in national planning policy guidance. The Council will be at risk of speculative development applications until a new plan is in place. Whilst the Council has already commenced plan making under the new planning regulations, it will not have an adopted plan in place for nearly 3 years. This assumes plan making for the District is not complicated by Local Government Reorganisation, which in the absence of any known geography for the eventual unitary council, presents considerable uncertainties as to how plan making may take place within any eventual unitary authority.   Withdrawal of the plan was discounted because it would undermine the Council’s ability to plan for growth in a coordinated and sustainable way, increasing the risk of unplanned and speculative development on unsuitable sites. This is because the Council will no longer be able to attribute any weight to the emerging policies within the Horsham District Local Plan 2023-2040, as it will cease to exist in formal terms. As the plan is currently at examination, some weight can be afforded to the emerging policies it contains. This weight will increase as the plan progresses through the later hearings and on receipt of the Inspector’s report. This will help guide and steer development which does come forward. Conversely, unplanned speculative development, some of which is expected to be at a strategic scale, would impact on the District’s strategic and community infrastructure. More development would come forward than that which is set out in the proposed Main Modifications schedule, given the continued inability of the Council to demonstrate it is meeting government housing targets in any meaningful way. Further, withdrawal of the plan also weakens the Council’s position in decision-making and at appeal, making it harder to secure infrastructure, protect valued landscapes and deliver strategic priorities in line with the Council’s wider policy framework.   At the Communities and Place Policy and Scrutiny Committee on 23 July 2025, the implications of withdrawal were considered so potentially damaging that an outcome of this meeting was a request that the Director of Place write to the Planning Inspectorate to ask them to reconsider their position in view of the imminent changing planning regulations which would repeal the Duty to Co-operate. Given this valuable Member feedback which reflects the continued desire to have a local plan in place as soon as possible, together with what would be considerable reputational damage to the Council by withdrawal of the plan at such a late stage, this course of action has been rejected.   It is a requirement that as part of plan making, alternative plan options, including a range of different site allocations are considered. This has been undertaken as part of the Sustainability Appraisal, and of which further information is set out in paragraphs 1.32 and 1.33. Not undertaking this work was discounted as it is essential in ensuring that sites are properly assessed and evidenced.   Not consulting on the proposed Main Modifications was discounted given that the Local Plan Inspector has requested that the Council does so and the Council is required to do so in line with its policy position and planning practice guidance.   As set out in paragraph 8.4 below, the Council would also need to be mindful of any feedback on the Main Modifications consultation that may be provided to the Council as part of the ongoing examination process. The Council has discounted the option of not actioning any advice or instruction provided by the Inspector as this would either significantly delay or halt the ongoing examination process.

Date of Decision: July 6, 2026