Site pages last updated 18th December 2024
On 5th September 2024 the Draft Local Plan was rejected at a Full Council meeting. We now know that that South Tyneside Council are now planning to re-submit the Local Plan in another attempt to get it passed and move onto the next stage.
On 11/12/2024 these updates were identified in the following web pages
https://www.southtyneside.gov.uk/article/6465/Overview
https://www.southtyneside.gov.uk/article/6475/Next-steps
The have inserted the following in the Overview web page:
Also they have included the the following text in the Next Steps web page:
“The Publication draft South Tyneside Local Plan (2024) was referred to Borough Council on the 5 September 2024 with a recommendation that it be submitted to the Secretary of State for Examination in Public. The recommendation was not endorsed, and the Council is currently considering the implications of this decision”.
Currently it is clear that they have not yet provided any clear steps of addressing the implications of the decision. As of the page update date they have not published any further information. Currently they expect you to use their News page or search to find such information.
South Tyneside Council has a duty to inform us of their intentions, but not by inserting text in existing web pages or documents without having full disclosure to all stakeholders and a comprehensive audit trail. The council must ensure that any resubmission complies with legal and procedural rules.
South Tyneside can resubmit a motion to rescind a previous decision:
Council Procedure Rule 13 states as follows:
(page 186 of the ConstitutionConstitution_-Version_10-_October_2024.pdf)
13.1 Motion to rescind a previous decision
A motion or amendment to rescind a decision made at a meeting of Full Council within the past six months cannot be moved unless the notice of motion is signed by at least 12 Elected Members.
When the Council has dealt with this motion or amendment no Elected Member can propose a motion or amendment to cancel it for at least six months.
13.2 Motion similar to one previously rejected
A motion or amendment in similar terms to one that has been rejected at a meeting of Council in the past six months cannot be moved unless the notice of motion or amendment is signed by at least 12 Elected Members.
Once this motion or amendment is dealt with, no one can propose a similar motion or amendment for six months.
These are the only circumstances by which a matter that has previously been ‘defeated’ could be considered again by Borough Council within a six-month period.
Whilst the council has the right to do this, we deemed it totally unacceptable by this Labour majority Council just because its against their wishes and to disregard the wishes of the electorate.
However if they decide to addressing the substantive reasons for its rejection then the council must provide their proposals / changes to the electorate of South Tyneside and ensure that they publish these where everyone can read them as the motion will have been changed.
Watch the meeting here: Note it is 3 hours Starting at 0:34:00 You can watch and hear all of the reasons for its rejection in this video and the resulting Vote: For 23 abstain 1 Against 26 ; ending at 2:13.00.
We suggest the Council use all methods of communication to disseminate their intentions, using leaflets, local newspapers, local radio, Social Media and via this web site savethefellgategreenbelt.co.uk
On 30th July 2024, the minister of state wrote to the Planning Inspectorate setting out how Local plans examinations should be carried out, also the letter re-iterates that LPA (Local Planning Authority) must not submit local plans unless they think they are ready for independent examination. This means that LPA’s should not therefore submit deficient plans to the inspectorate.
Also in the Planning and Compulsory Purchase Act 2004 updated to 15th November 2024, provides clear guidance on Local development scheme, in section 18 clearly states Statement of community involvement.
In other documents such as Procedure Guide for Local Plan Examinations Section 1 clarifies the process that the LPA needs to follow, it also references sections of the PCPA (Planning and Compulsory Purchase Act 2004 (as amended)) clarifying that the LPA must not submit the plan unless they think it is ready for independent examination.
Other related documents state “a defeated Local Plan cannot simply be reintroduced without addressing the substantive reasons for its rejection”
All proposals must be communicated to all stakeholders and the electorate before another vote.
They must also adhere to the rules about council meeting procedures, such as rules about reconsidering decisions, and ensure that the electorate have been informed before any voting takes place. However at this time we have not been able to find STC rules about reconsidering decisions. If the council resubmits a plan too similar to the defeated version without addressing key concerns, they may risks facing further consequences, opposition and failure.
Therefore, Clear engagement with councillors, stakeholders, and the community is crucial.
We are continuing the reviewing key documentation (see links below) to ensure that this council will have the opportunity to confirm that they will follow all of the regulations, local development frameworks, and Guide for Local Plan Examinations along with all local governance processes.
South Tyneside Council Constitution Version 10 October 2024
Procedure Guide for Local Plan Examinations
Local planning regulations consultation
GP14 – Examination of Development Plan Documents in Local Development Frameworks
Further Background Information
The result, from information we have recently received is as follows:-
As reported informed sources told us it now appears that those Councillors who voted against the Local Plan now need to be taught the error of their ways and be re-educated to help dissuade them from making the same mistake again. Even though many of these very same.
It is interesting to note, that in STC Constitution Part E -Codes and Protocols Section 11 Planning Protocols paragraph 3.4 it states:
No whip shall be applied in relation to planning decisions. In particular, Members should not discuss planning applications in political group meetings in order to decide how to vote on such applications.
The Local Government Association (LGA) are going to be heading imminently to South Shields Town Hall to have a talk with the Councillors who dared to vote against the Local Plan. This they hope will then make them see the error of their ways and they will then vote to accept the Local Plan which STC deem to be sound
There is to be an extraordinary Council Meeting to be called probably at some time in early January 2025 where the Labour Majority Council expect the Draft Local Plan it to be accepted.
Message to South Tyneside Council:
You the council must ensure that any resubmission complies with legal and procedural rules. For example, a defeated Local Plan cannot simply be reintroduced without addressing the substantive reasons for its rejection and this must be communicated to all stakeholders and the electorate before another vote.
You must also adhere to rules about council meeting procedures, such as rules about reconsidering decisions, and ensure that the electorate have been informed before any voting takes place.
If the council resubmits a plan too similar to the defeated version without addressing key concerns, you may risks facing further consequences, opposition and failure.
Therefore, Clear engagement with councillors, stakeholders, and the community is crucial.
This is how Democracy works and it is hoped that these very same Councillors, along with additional Labour Councillors, vote in the way they seem fit and not just following the whip, as written in the Constitution. Councillors need to get out amongst their electorate and listen to their need and wants.
In response to the information we have received, the Save the Fellgate Green Belt Working Group met and have discussed ways to once again put measures in place to Save the Fellgate Green Belt. Requests have already been made to media outlets once again asking them to highlight our Campaign.
Our main asset however is PEOPLE POWER and we will be calling on yourselves as campaigning residents, to help as before, with all aspects of the campaign.
This will be very soon so please STAY POSITIVE, BE READY and we can once again win this battle.