The Penrith Neighbourhood Development Plan, a long running town council project that has been in the works for over seven years and spanning three councils, faces further delays and a potential shift in direction, as Westmorland and Furness Cabinet prepare for a crucial meeting on November 14, 2023, at Penrith Town Hall. The key agenda is whether to go against the recommendations of independent planning inspectors and reintroduce certain sections of the plan that were initially slated for removal before it can proceed to a public referendum.
The growing concern surrounding the plan is not only about the time it has taken to develop, but also the increasing costs, which have spiralled toward a staggering £100,000 over the past seven years. The Penrith Neighbourhood Plan, initiated in 2016, is expected to face even more delays due to the need for another additional public consultation.
Adding to the questions around the ongoing saga, Westmorland and Furness Council have decided to withhold a significant portion of their report on the matter, specifically Appendix H, stating that it contains information for which a claim to legal professional privilege could be maintained in legal proceedings. This appendix is crucial, as it contains an extract from the Kings Council Opinion on the Examiner's Report, which the council has received.
It has come to light that the legal opinion received by the council highlights concerns about the methodology employed by the Examiner in reaching their recommendations. It is suggested that the council might take a different stance on the removal of policies from the plan, especially if those policies are essential for ensuring that the plan meets the basic conditions necessary for a referendum.
The Examiner's Final Report, received by the former Eden District Council on March 29, 2022, recommended several modifications to the plan, including the deletion of four policies (Policies 1, 8, 9, and 12). These modifications were proposed to ensure that the plan aligns with the basic conditions and statutory provisions, allowing it to be submitted for a referendum.
One particular point of contention is the removal of Beacon Hill as a Local Green Space from Policy 8. This move was initially ruled out of scope by the independent examiner, and Westmorland and Furness Council officers have concurred with this decision, leading to Beacon Hill's exclusion from the Neighbourhood Plan.
While the deletion of policies 1 and 12, along with the removal of Beacon Hill, was not a significant concern for Penrith Town Council, the complete deletion of policies 8 and 9 was a matter of grave concern. These policies were considered fundamental to the overall purpose of the Plan.
As the Penrith Neighbourhood Development Plan undergoes further scrutiny, with the additional public consultation, the road to a required public referendum, which is estimated to cost around £30,000, is now anticipated to be pushed back to spring 2024 at the earliest. The fate of this ambitious and costly project remains uncertain, as it continues to grapple with legal challenges and the need for additional public consultations on a plan now seven years in the making.
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