South Thames Region November Update

Our South Thames Region is based at our Guildford office and covers Kent, Surrey, Sussex, Hampshire and Berkshire. The team is headed by Mark Walker and Nick Wood-Dow. See further details and contacts on our South Thames Region page.

Sussex

Brighton and Hove City Council (BHCC)

On the 29 October, it was reported that a £5.4 million scheme to build a block of council flats on a former commercial site, Oakley House, in central Brighton had been approved. The BHCC owned site lies on the corner of Tillstone Street, Edward Street and Leicester Street and currently houses The Wood Store and one existing tenant. The new block is to have nine 1-bedroomed flats, eight 2-bedroomed flats and three 3-bedroomed flats. The planning committee, which took place on the 28 October, approved the scheme despite there being concerns from councillors that the proposals were “parking-free”.

During October it was also reported by BHCC that University Hospitals Sussex NHS Foundation Trust was seeking to amend its helipad planning conditions after demand for air ambulance transfers proved higher than previously expected. It was reported by the BBC that more than 50 patients have been airlifted to the Brighton site since the helipad opened in May after a 7-year delay, angering local residents living nearby.

On the 27 October, plans for 66 affordable flats above a scrap metal yard were proposed by QED Capital Assets Ltd to BHCC. The proposal includes thirty 1-bedroomed flats, thirty-two 2-bedroomed flats and four 3-bedroomed properties. The local planning authority has supported the principle of providing the affordable rented homes, but its support is conditional on the necessary legal agreements and relocation of the existing ground-floor commercial and industrial operation. The Brighton Greenway Residents’ Association has objected to the proposal.

There was a BHCC cabinet meeting on the 15 October. The regeneration of Black Rock along Brighton seafront was discussed, as was Targeted Budget Management (TBM).

Lewes District Council (LDC)

On the 28 October it was reported by LDC that it’s planning committee is set to reconsider an application for up to 180 homes at the greenfield Turnpike Farm site, east of Broyle side. The planning committee has previously refused the application this August, with councillors raising concerns around highways safety and landscape impact. However, the planning application, made on behalf of developer Richborough, is now being brought back following the adoption of new national planning rules within the National Planning Policy Framework (NPPF). LDC officers have said that the revised NPPF changes the way in which the scheme should be assessed in the planning balance and that the major development proposals would now need to be referred to the secretary of state if the local planning authority intended to refuse them.

In October it was also reported that LDC had paused work on its Local Plan while it reassessed the impact of the revised NPPF, as mentioned above, as well as the policy uncertainty created around local government reform (LGR). LDC says that these changes have altered the planning balance and “landscape”, such as altered boundaries, housing targets and infrastructure planning. The Labour LDC cabinet member for planning and infrastructure, Cllr Laurence O’Connor, who represents East Saltdean and Telscombe Cliffs, said that the council must take a prudent approach to ensure that any future Local Plan is “robust”.

West Sussex County Council (WSCC), Chichester District Council (CDC) and Worthing Borough Council (WBC)

On the 19 October it was reported in Sussex World that WSCC will make changes to its Constitution in order to stay in line with new national planning law. At a full council meeting on the 16 October, councillors discussed the National Scheme of Delegation of planning functions which comes into force on the 31 October. This affects all council’s but it is a particular concern of WSCC in that it faces uncertainty from LGR as well, with the UK Government undecided on what to do next. Although the changes will have more impact on district and borough councils, which deal with the vast majority of planning applications, WSCC still felt the need to adjust its constitution. The WSCC Conservative councillor for Storrington, Paul Marshall, said that “under this scheme, councillors lose an important means of ensuring that an application receives consideration by a planning committee. Members can still raise concerns, but raising a concern and having the power to secure public scrutiny are very different things”.

On the 29 October there was an announcement regarding LGR in West Sussex in that no final decisions had been made, with the local government minister, Jim McMahon MP, telling the House of Commons that “every area will have an outcome by early next year”. The lack of a decision in West Sussex has been described as “frustrating” by the Liberal Democrat CDC leader, Cllr Adrian Moss, who also welcomed the proposed launch date for LGR in West Sussex being pushed back until 2029. He said councils across West Sussex “have worked closely together to explore the opportunities and challenges presented by local government reorganisation” for more than a year and will be ready when a decision is made. Meanwhile, Labour WBC leader, Cllr Caroline Baxter, said the ongoing review will “ensure that any decision in our area is given the time and consideration it deserves”

Separate from LGR, the first election for a mayor of Sussex and Brighton is still scheduled for May 2028, it was confirmed by the UK Government.

Surrey

Surrey County Council (SCC), Mole Valley District Council (MVDC), Reigate and Banstead Borough Council (RBBC), Guildford Borough Council (GBC) and Waverley Borough Council (WBC)

As discussed above, the National Scheme of Delegation of planning functions comes into force on 31 October. In MVDC, the Development Management Committee met on the 7 October for the final time under the old arrangements and several of the applications under consideration would have been automatically delegated had they been considered in November, although there was nothing relevant in major development terms on the agenda. In RBBC, the councils existing Planning Committee exceeds the maximum membership prescribed by Regulation 7 of the National Scheme and must therefore be reduced from 15 to 13 members. The Conservative MP for Reigate and former SCC councillor, Rebecca Paul, also published an update on the National Scheme and the ability for elected officials to “block” major residential development in the future under the new rules.

On the 12 October it was announced that a so-called Call In Inquiry concerning a proposed 234-home development in Godalming, Surrey, would one of the first schemes to be considered under new government planning procedures. Ashill Land Ltd, was the applicant seeking planning permission, whilst GBC and WBC were the local planning authorities concerned. The proposal, for land east of Eashing Lane and west of Ock Way, includes 50% affordable housing and spans the boundaries of GBC and WBC. The scheme is among the first to be called in by the Secretary of State following the introduction of the Town and Country Planning (Consultation) (England) Direction 2026, which requires local planning authorities to consult the Secretary of State where they intend to refuse planning permission for developments of 150 or more dwellings. The inquiry will examine a wide range of planning considerations, including Green Belt policy, design, ecology, noise, water resources, highways, landscape, heritage and planning policy.

Kent

Kent County Council (KCC) and Medway Council (MC)

In Kent, the LGR announcement made by the local government minister, Jim McMahon MP, also confirmed that a plan which would have seen all 14 Kent councils replaced by four larger unitary authorities, has now been withdrawn pending further scrutiny by the UK Government. Although the government has stressed LGR is not cancelled for the county, the Reform UK leader of KCC, Cllr Linden Kemkaran, later welcomed, in a statement, a decision by it to work with KCC and MC towards the establishment of a Mayoral Strategic Authority for Kent and Medway, with the ambition of bringing it into effect by 2028. This commitment forms part of the UK Government announcement, in October, of a major national programme of devolution in England, which will see greater powers and funding transferred from central government to the regions. Maidstone South East Cllr Kemkaran commented: “Having an elected Mayor of Kent and Medway has the potential to unlock additional powers and investment on housing, transport, infrastructure, skills and economic growth, exactly where it’s needed here in Kent”.

Whilst the UK Government is still considering LGR in Kent and Medway it has made it clear that it’s position, like that in West Sussex, will be outlined by early next year. Kent and Medway is among 9 areas in England where the decision announced by the government in July has now been officially withdrawn in October.

Berkshire

West Berkshire Council (WBC)

On the 27 October it was reported that an injunction to prevent further unauthorised development on a parcel of open countryside was granted by the High Court. WBC said that it applied for the injunction against 29 people or companies following recent breaches at Southway Plantation in Maidenhatch, near Pangbourne. The 2-year injunction, which allows 10 caravans to remain on the site, will remain in place until 19 October 2028 unless it is varied or discharged by the High court, WBC said. The Liberal Democrat councillor, Denise Gaines, who is the deputy leader at WBC and represents the Hungerford and Kintbury ward, as well as being the portfolio holder for Housing and Planning, said that it has a duty to “ensure that development takes place in accordance with planning law”. The injunction prevents any further additional caravans or mobile homes moving onto the site, save for the 10 caravans.

On the 29 October it was announced by the local government minister, Jim McMahon MP, that the UK Government was minded to proceed with LGR across Oxfordshire and West Berkshire. The proposal, which includes the creation of a new Ridgeway Council for West Berkshire and most of South Oxfordshire and Vale of White Horse, was paused last month whilst the government reviewed its wider programme of local government reorganisation. The outcome of that review, published today, explains the government has taken a fresh decision to introduce three new unitary councils for the area. The minister indicated that it will be putting in place a short period of consultation in order to enable councils to make any representations on this new position before a firm decision is made by the end of the year.

Hampshire

Hampshire County Council (HCC) and East Hampshire District Council (EHDC)

On the 8 October it was announced that EHDC’s cabinet was being asked to approve work on a new Local Plan for the part of the district outside the South Downs National Park, alongside a new supplementary plan that could potentially bring improvements to the quality of new development much sooner. The proposals, recommended by the planning policy committee, will go before the EHDC cabinet on the 12 November. The supplementary plan will focus on good design, local character, landscaping, green infrastructure, climate resilience, parking, movement and nature recovery. Importantly, it can be prepared more quickly than a full Local Plan. This means that EHDC can start putting stronger expectations around the quality and sustainability of new development into planning decisions while the more substantive Local Plan is being prepared by officers.

In regards to LGR within Hampshire, it was announced on the 29 October by the local government minister, Jim McMahon MP, that residents face a further wait for a final government decision. In September, the UK Government withdrew its original LGR decision for Hampshire and the Solent area which would have seen four new unitary councils created on the Hampshire mainland from April 2028, replacing the 14 current councils serving the area (Hampshire County Council, 11 district and borough councils and the two unitary councils of Southampton and Portsmouth). Furthermore, it was announced that all of the previously submitted proposals to reorganise councils will now be reconsidered, with an initial decision expected before Christmas or early next year at the latest, according to HCC.