TOWN AND COUNTRY PLANNING ACT 1990
Town and Country Planning (Development Plan)(England) Regulations 1999
Regulation 25

FORM 8:

Notice of Withdrawal of the South Derbyshire Draft Local Plan

Copies of this Plan made available for inspection by South Derbyshire District Council have been withdrawn for the following reasons:

In January 2002 South Derbyshire District Council published, and consulted upon, a Draft Local Plan containing proposals for the development and use of land within its District for the period up to 2011. A Revised Deposit Draft Local Plan (RDDLP) was placed on deposit for further consultation in January 2003.
An Inquiry into objections to the RDDLP was held by Mr Chris West LLB MCIArb MIMgt FCIS Solicitor between 3 June 2003 and 13 February 2004. Due to the onset of ill-health following the formal closure of the Inquiry, however, Mr West was, and remains, unable to complete his report into the objections heard at the Inquiry. As a result, Mr David Brier BA MA MRTPI was appointed as Joint Inspector and a report into objections, combining the work of Mr West and Mr Brier (the Report) was submitted to the Council on 17 September 2004 and was made public on 1 November 2004.
After considering the Report, the Council resolved, on 2 December 2004, to modify the RDDLP and formal modifications were published on 7 January 2005. A claim, seeking judicial review of the Council’s resolution has been filed in the High Court on behalf of RWE Npower PLC and Hallam Land Management Limited. That claim is opposed by the Council and is ongoing. The Council are, however, mindful that it is likely to lead to significant delay, whatever the outcome, and will inevitably give rise to uncertainty.
The Council are also mindful that under the provisions of the Planning and Compulsory Purchase Act 2004 the adoption of a new Local Development Framework is desirable as soon as possible and in any event required by 2007.
In the circumstances and having regard to these considerations and to avoid or reduce the uncertainty that now surrounds the RDDLP the Council resolved on 19 May 2005 to withdraw the South Derbyshire Draft Local Plan.

Dated June 2005

Contact Details

South Derbyshire District Council
Planning Services
Civic Offices
Civic Way
Swadlincote
Derbyshire
DE11 0AH

Phone: 01283 595821

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