Purpose

Salford
City Council - Record of Decision (CABINET)
 
I, Paul Dennett, City Mayor,
in consultation with the Cabinet and in exercise of
the powers contained within the City Council constitution do hereby:
 

Note the conclusions
drawn in the review and agree the recommendations in respect of the
supplementary planning documents (“SPDs”) and other
local planning policy documents as set out in Annex A of
the  Cabinet report.

 

Agree to the
publication of the explanatory notes alongside the relevant SPDs as
set out in Annex B of the Cabinet report.

 

Agree to the
publication of the revocation notice as set out in Annex C of the
Cabinet report.

 
The
Reasons arethat on 18 January 2023 the city council adopted the
Salford Local Plan: Development Management Policies and
Designations (SLP:DMP). It now
forms part of the development plan for Salford and replaces all the
policies in the UDP. As the development plan has changed since the
SPDs and other planning documents were adopted, it is necessary to
review the existing SPDs and other local planning policy documents,
to consider their on-going relevance and determine whether these
documents can continue to be used to assist in the interpretation
and implementation of the newly adopted SLP:DMP policies.
 
 
An option considered and
rejected was to not review the
SPDs and other local planning policy documents. This was rejected
given that some of the documents are now out of date given the
passage of time since they were prepared, whilst some of them
either conflict with or duplicate policies in the
SLP:DMP.
Assessment of Risk is
low.

The revocation of specified SPDs and other local
planning documents is considered to be low risk. The review has
been undertaken to provide clarity in the application of these
policy documents following the adoption of the SLP:DMP. As noted in
the legal implications below, the council needs to ensure that the
retained documents are consistent with the more recently adopted
SLP:DMP and ensure that those which conflict with the development
plan are revoked to prevent subsequent risk of legal
challenge.
 
No costs will be incurred as a
result of the decision.
 

Legal Advice obtained
from:
Fahid Malik, Senior Solicitor (Planning and
Infrastructure) – MCC legal services

The legal requirements for the preparation and
adoption of the local plan in the Planning and Compulsory Purchase
Act 2004 and the Town and Country Planning (Local Planning)
(England) Regulations 2012 have been complied with.

The Council needs to ensure that the retained
supplementary planning documents and other planning policy
documents are consistent with the policies in the new local plan;
the documents that conflict with the new local plan are to be
revoked to prevent risk of any subsequent legal
challenge. 
 
Financial Advice obtained from: Martin
Anglesey, Accountant

A budget exists on D4601 Development Planning Team,
currently £524 which is available for general expenditure
including the above. However, it is not envisaged that costs will
be incurred, as documents are only being removed from libraries /
gateways / websites, together with publishing notices on the
Council website following the decision.
 
Procurement Advice obtained: Not
applicable
 
The following documents have
been used to assist the decision process:
 
·        
SPDs and other local planning policy documents
review (Annex A of the Cabinet report)
·        
Explanatory notes alongside the relevant SPDs (Annex
B of the Cabinet report) 
·        
SPDs and other local planning policy documents
revocation notices (Annex C of the Cabinet report)

 
Contact Officers:
James
Shuttleworth: 0161 925 2307
Matt
Doherty: Tel No: 0161 793 2304
 

*          
This document records a key decision, but the matter was not
    included in the Council's
Forward Plan and it has been dealt with          
under the emergency procedure.

*          
This decision is urgent and is not subject to call-in, in
accordance with     the Decision Making Procedure
Rules

*          
The appropriate scrutiny committee to call-in the decision is the
Growth and Prosperity Scrutiny
Panel.

 

 

Signed:
    Paul
Dennett               
                      
Dated: 10.01.24
              
City Mayor
 

FOR DEMOCRATIC
SERVICES USE ONLY

 

*          
This decision was published on 11.01.24                                             

*          
This decision will come in force at 4.00 p.m. on
18.01.24                 
                     
unless it is called-in in
accordance with the Decision Making Process Rules.
 

Content

Salford City Council
- Record of Decision (CABINET)
 
I, Paul Dennett, City Mayor,
in consultation with the Cabinet and in exercise of
the powers contained within the City Council constitution do hereby:
 

Note the conclusions
drawn in the review and agree the recommendations in respect of the
supplementary planning documents (“SPDs”) and other
local planning policy documents as set out in Annex A of
the  Cabinet report.

 

Agree to the
publication of the explanatory notes alongside the relevant SPDs as
set out in Annex B of the Cabinet report.

 

Agree to the
publication of the revocation notice as set out in Annex C of the
Cabinet report.

 
The
Reasons arethat on 18 January 2023 the city council adopted the
Salford Local Plan: Development Management Policies and
Designations (SLP:DMP). It now
forms part of the development plan for Salford and replaces all the
policies in the UDP. As the development plan has changed since the
SPDs and other planning documents were adopted, it is necessary to
review the existing SPDs and other local planning policy documents,
to consider their on-going relevance and determine whether these
documents can continue to be used to assist in the interpretation
and implementation of the newly adopted SLP:DMP policies.
 
 
An option considered and
rejected was to not review the
SPDs and other local planning policy documents. This was rejected
given that some of the documents are now out of date given the
passage of time since they were prepared, whilst some of them
either conflict with or duplicate policies in the
SLP:DMP.
Assessment of Risk is low.

The revocation of specified SPDs and other local
planning documents is considered to be low risk. The review has
been undertaken to provide clarity in the application of these
policy documents following the adoption of the SLP:DMP. As noted in
the legal implications below, the council needs to ensure that the
retained documents are consistent with the more recently adopted
SLP:DMP and ensure that those which conflict with the development
plan are revoked to prevent subsequent risk of legal
challenge.
 
No costs will be incurred as a
result of the decision.
 

Legal Advice obtained
from:
Fahid Malik, Senior Solicitor (Planning and
Infrastructure) – MCC legal services

The legal requirements for the preparation and
adoption of the local plan in the Planning and Compulsory Purchase
Act 2004 and the Town and Country Planning (Local Planning)
(England) Regulations 2012 have been complied with.

The Council needs to ensure that the retained
supplementary planning documents and other planning policy
documents are consistent with the policies in the new local plan;
the documents that conflict with the new local plan are to be
revoked to prevent risk of any subsequent legal
challenge. 
 
Financial Advice obtained from: Martin
Anglesey, Accountant

A budget exists on D4601 Development Planning Team,
currently £524 which is available for general expenditure
including the above. However, it is not envisaged that costs will
be incurred, as documents are only being removed from libraries /
gateways / websites, together with publishing notices on the
Council website following the decision.
 
Procurement Advice obtained: Not
applicable
 
The following documents have
been used to assist the decision process:
 
·        
SPDs and other local planning policy documents
review (Annex A of the Cabinet report)
·        
Explanatory notes alongside the relevant SPDs (Annex
B of the Cabinet report) 
·        
SPDs and other local planning policy documents
revocation notices (Annex C of the Cabinet report)

 
Contact Officers:
James
Shuttleworth: 0161 925 2307
Matt
Doherty: Tel No: 0161 793 2304
 

*          
This document records a key decision, but the matter was not
           
included in the Council's Forward Plan and it has been dealt with
           
under the emergency procedure.

*          
This decision is urgent and is not subject to call-in, in
accordance with             
the Decision Making Procedure Rules

*          
The appropriate scrutiny committee to call-in the decision is the
Growth and Prosperity Scrutiny
Panel.

 

 

Signed:
    Paul
Dennett                           
         
Dated: 10.01.24
              
City Mayor
 

FOR DEMOCRATIC
SERVICES USE ONLY

 

*          
This decision was published on 11.01.24                                             

*          
This decision will come in force at 4.00 p.m. on
18.01.24                                    
   unless it is called-in in accordance with the
Decision Making Process Rules.