PRC Brief Number 2 for Mid Sussex District Councillors
Monday, 15 January 2007

Conforming to the Structure Plan - what does it mean in law?

1. The District Council is required to conform to the County Structure Plan. It must follow the WHOLE Structure Plan. It cannot pick and choose. It cannot follow some parts and ignore others. So what does the Structure Plan require? 
On this, the PRC has obtained the Opinion of Leading Counsel, Mr Richard Phillips QC, one of the country’s foremost planning lawyers. Counsel explains that :

* the Structure Plan stipulates certain essential preconditions for the scheme for strategic housebuilding at East Grinstead. The scheme is contingent upon these, and it can only proceed if they are fulfilled; these conditions are set out in Appendix B of the Structure Plan;

* one of the preconditions is that, as a result of the "relief road" and other transport measures, traffic congestion in East Grinstead must be “reduced significantly below 2004 levels”. Leading Counsel makes clear that this requires more than just a reduction on one or two roads. Nor does it require a reduction on every road in East Grinstead. It requires that Councillors satisfy themselves that there will be an overall reduction in the town taken as a whole;

* if there is no firm prospect of this, Counsel explains that the Structure Plan cannot lawfully proceed. In these circumstances, it is entirely open to Councillors to consider whatever alternative locations they see fit.
* In these circumstances, any review you order would be fully in accordance with your obligation to follow the Structure Plan.

2. The evidence suggests the stipulated preconditions cannot be met. After several years’ work, officials of both Planning Authorities have sought to demonstrate the possibility of the necessary standard of traffic relief. For this purpose they have published two documents – “Traffic Modelling Results” (September 2005) and a “Strategic Transport Assessment Report” (April 2006). However both these official documents make clear that :

* none of the “relief road” route options assures traffic reductions, except on parts of the A22/A264;

* but they will cause very damaging increases in traffic in many and perhaps most significant roads in and around East Grinstead; the traffic forecasts published by officials paint a clear picture of a traffic environment of greater congestion, not less; 
* on some important roads in the town, traffic is forecast to double or worse;
* many of the roads worst affected by increased traffic are residential, bringing obvious dangers.

3. It is for you as a Councillor to make an overall judgment whether, on this evidence, you are convinced that traffic congestion in East Grinstead as a whole will be significantly reduced below current levels; and then to take responsibility for the consequences. If you are not so convinced, then it follows as a matter of law, the strategic development cannot proceed. Councillors will then be obliged to order a review and to consider whatever alternative locations they think right. 

4. This leaves Councillors free to respond to the Consultation with open minds. Councillors will wish to show that consultation was genuine, not predetermined. Can they respond to the overwhelming demand for a different approach? It is clear from the above that they can. They can decide what’s best for East Grinstead and the surrounding villages, and they can command their electors’ respect.

East Grinstead Post Referendum Campaign 

For further information, call Tony Lane on 01342 323293, www.eghouses.org