Government-appointed Inspectors have advised a failure in the Duty to Cooperate test and outlined that Oxford City Council must withdraw their Local Plan 2040.
The new Oxford Local Plan was undergoing independent examination by Government-appointed Inspectors. This plan was establishing housing need beyond the existing Local Plan from 2036 to 2040. It also contained several new sustainability policies related to net zero in operation and embodied carbon presumptions against demolition. A new metric, Urban Greening Factor was also being introduced alongside biodiversity Net Gain. The Plan also prioritised housing over space for employment.
The South and Vale Local Authorities were opposing the Plan as Oxford was seeking to export its unmet housing need into its surrounding Districts. South and Vale’s case was that the City had failed in its duty to cooperate which is a legal test. They also objected to a methodology which they said over-stated the housing need in the City.
The Inspectors have now written to the City and advised that the City has failed to Duty to Cooperate test and must withdraw its new Local Plan. They agree that the City has over-stated its housing needs whilst under-estimating its employment requirements. Any relief in the Districts regarding housing numbers bay however be short lived as the districts may still be facing a hike in numbers in response to the new Labour Government’s mandatory housing numbers. South and Vale are trying to rush their Plan to beat the introductions of these targets, but time will tell if they are successful.
For now, the existing Plan is in place although this will cease to be as relevant by the end of the next year owing to its date.
Five-Year Land Supply
Oxford City claimed a 5.49-year supply for the period 2022/23-2026/27 (Annual Monitoring report, December 2023) which was due to be reviewed as part of the Local Plan Examination, which was withdrawn. We will have to await the next submission or a new appeal decision to verify this provision.
South Oxfordshire has identified 4.2 years supply for the period from April 2023 and March 2028 (Housing Supply Statement, September 2023). However, an appeal decision dated 14th November 2023 in relation to Land West of Thame Road, Chinnor, established a lower supply of 3.49 years (APP/Q3115/W/23/3323268).
Vale of White Horse has identified 6.56 years supply for the period from 2023 to 2028 (Housing Land Supply Statement, December 2023). An appeal decision dated 6th December 2023 in relation to development in Sutton Courtenay concluded that the authority has more than 5 years supply, established to be in the region of 6.29 years (APP/V3120/W/23/3322187).
West Oxfordshire claimed a 5.4-year supply for the period from 2023 to 2028 (Housing Land Supply Statement, October 2023). However, an appeal decision dated 08 July 2024 for a development in Curbridge West Oxon accepted the position that there continued to only be a supply of 4.38 years and was therefore still in deficit. The Inspector also stated that there was an acute need for affordable housing in West Oxfordshire. (APP/D3125/W/22/3310486)
Cherwell has agreed in July 2024 within a Statement of Common Ground as part of an appeal at Warwick Road, Banbury, that they are unable to demonstrate a give-year supply of housing. (APP/C3105/W/24/3338211) at Warwick Road, Banbury.
