We have now received a letter from the Government Office for London. It appears that the Council may not have a legal basis for the policy document that includes the proposed areas of exception.
This is quite a technical point, but a Supplementary Planning Document (SPD) cannot make council policy, it can only give guidance on existing policy. The proposed SPD relied on three Council pre-existing Council policies, two of which have lapsed (it appears the council forgot to renew them), the third of which applies only to conservation areas.
Consequently it appears doubtful that the Council can adopt the SPD without first adopting some basic policies.The Council is suggesting that it can rely on a general 'plan for London', the principles of which the Council has adopted, but this seems unlikely (or should I say 'desperate'). The Council intends to continue with its existing proposals.
We have been led to believe that the Council may remove the phrase 'area of exception' which is viewed a problematic, but they are currently committed to the substance of the proposals. The latest proposed timescale is that the report will go to Cabinet in December, but there is every reason to suspect that this timescale will be extended. In any event, our campaign must continue to build in strength.
The accidental lapsing of important Council policies is of course a typical Hackney Council 'cock up', but what does it mean for our campaign? Well the good news is that it makes it even harder for the Council to simply ram through the existing proposals, and consequently more likely that we will, eventually, get them amended.
The bad news? Well it appears the Council no longer has any policy on residential extensions! It is therefore possible that unscrupulous developers with good lawyers can appeal any application (however outrageous) that is rejected on the basis that the Council has no policy grounds for rejection.