Council complaint to Government over future for Tipner West

The Leader of Portsmouth City Council, Councillor Steve Pitt, has written a letter to the Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government, Angela Rayner, to complain in the strongest possible terms about her treatment of the Council in regard to the future direction of Tipner West and Horsea Island East in the emerging Portsmouth Local Plan.

His letter is in response to two letters from the Secretary of State.  In the first letter dated 28 February 2025, the Secretary of State gave her opinion that Imperative Reasons of Overriding Public Interest (IROPI) for limited development at Tipner West had not been proved by the Council.  This opinion was challenged by the Council in a Pre-Action Protocol letter sent on 10 March 2025 which stated that the opinion was unlawful on three grounds:

1. The Secretary of State misdirected herself in law by applying the wrong test to circumstances where no priority habitats or species are likely to be affected.

2. The Secretary of State failed to give adequate reasons for her opinion that each of the grounds relied on by the Council, individually and cumulatively, did not constitute IROPI.

3. The Secretary of State’s opinion was irrational because it was based on flawed reasoning and failed to have regard to obviously material considerations.

The second letter sent on 9 May 2025 by the Secretary of State, withdrew the IROPI opinion.  This letter states that she does not accept the premise of the first ground and does not consider that she misdirected herself in law.  However, she does agree to withdraw the IROPI opinion based on grounds 2 and 3. 

The letter confirms that the original opinion has been formally withdrawn and so cannot be subject to a judicial review.  It also states that the matter is being re-considered by the Secretary of State with the intention of providing details of how to proceed as soon as possible.

In his letter, Cllr Pitt states that the Council wants to move forward with its Local Plan including Tipner West which works for both people and nature.

Cllr Pitt adds:

“We have been forced to write this letter to the Secretary of State as we cannot move forward with any proposals for Tipner West, and finalise our Local Plan, until we have clarity from the Government.

“The longer that this goes on, means a longer wait for much needed homes and jobs for local people, along with the sea defences to protect the wider area. I would urge the Government to meet with us as soon as possible so we can settle this matter and move forward constructively”

The Leader of Portsmouth City Council also says in his letter that the Council wants to move forward on delivering the City Deal which was made with the Government in 2013 to create the new jobs and homes required for one of the most deprived areas of the country.  He asks to meet the Secretary of State as a matter of urgency to discuss these matters

Cllr Pitt reiterated that Portsmouth City Council continues to work closely with Natural England and the Environment Agency, alongside the RSPB and the Hampshire & Isle of Wight Wildlife Trust to find a solution for the site that works for both people and nature. 

The Portsmouth Local Plan is the statutory development plan that will guide development in the city up to 2040. This Plan allocates sites for development, sets targets for new homes and jobs. It also introduces city wide policies on design, greening and the climate emergency.

For more information visit www.portsmouth.gov.uk/localplan 

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