1.1 Somerset Council is undertaking a Limited Update to the Mendip Local Plan Part II (Sites and Policies) 2006-2029. This is required under directions of a High Court Order dated 16th December 202211. Mendip District Council became part of the new Somerset Council on 1st April 2023. This update is taking place ahead of a new Somerset wide Development Plan which is in the early stages of preparation. Once adopted the Somerset Development Plan will replace the Mendip Local Plan (Parts I and II) in its entirety.
1.2 The Limited Update identifies housing sites located in the former Mendip District area which will be adopted as additional policies to the Mendip Local Plan Part II.
1.3 This Submission Version of the Limited Update is published in accordance with Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. This enables representations to be made on its soundness and legal compliance prior to its submission to the Secretary of State for Independent Examination.
1.4 Following a judicial review, five housing sites were deleted and the Council was directed to reconsider them. The challenge centred on interim recommendations issued by the Local Plan Inspector during the examination of the Local Plan Part II in mid-2019.
1.5 The High Court judgment confirmed legal errors in the Inspector’s report and his reasoning. It also held that the sustainability appraisal undertaken with the Local Plan was in error as alternative housing sites had not been tested in other parts of the district. Rather than quash the adopted Mendip Local Plan Part II, the judgment contained directions to remove the five sites and for Mendip Council (now Somerset Council) to re-consider allocations. The remainder of the policies and sites in the Mendip Local Plan Part II remain adopted and are not part of this Limited Update.
1.6 The scope of this Limited Update to the Local Plan Part II is strictly limited to addressing the requirements of the High Court Order. This was confirmed in the Somerset Local Development Scheme (October 2023).
1.7 Preparation of the Limited Update has been informed by an updated district wide assessment of available housing sites. A ‘call for sites’ was held in July and August 2023. Following detailed assessments of 164 candidate sites, a consultation on the identified sites was held between 28th February 2024 and 12th April 2024.
1.8 The Council’s approach to site selection and identification is set out in the Regulation 18 consultation document. Individual site assessments can be found on the Mendip adopted local plans page on the Somerset website.
1.9 Sites have also been subject to sustainability appraisal and the identified sites subject to Habitat Regulations Assessment.
1 See High Court Order variation (dated 16th February 2024) - link