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Report to: |
Executive |
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Date: |
7 March 2024 |
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Title: |
Staverton Neighbourhood Plan |
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Portfolio Area: |
Planning – Cllr. Thomas Deputy Leader of the Council |
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Wards Affected: |
Dartington and Staverton |
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Urgent Decision: |
N |
Approval and clearance obtained: |
N |
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Date next steps can be taken: Upon the expiry of the Scrutiny Call-in period (5.00 pm on Monday 18th March 2024) |
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Author: |
Graham Swiss |
Role: |
Senior Strategic Planning Officer and Neighbourhood Planning Specialist |
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Contact: |
graham.swiss@swdevon.gov.uk |
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1. Executive summary
1.1 Neighbourhood Plans are a community right introduced by the Localism Act 2011. They are the responsibility of Parish Councils (or Neighbourhood Forums if established in non-parished areas).
1.2 The Staverton Neighbourhood Plan area (the plan area) was designated by the District Council in June 2016. It corresponds with the Staverton parish boundary.
1.3 In order to comply with the Neighbourhood Planning (General) Regulations 2012, following independent examination of a Neighbourhood Plan and receipt of the examiner’s report, the Council must consider the examiner’s recommendations. The Council is under no obligation or statutory requirement to make the examiner’s recommended modifications or accept the examiner’s recommendations. Notwithstanding the examiner’s report, the Council must be satisfied that the Neighbourhood Plan meets the Basic Conditions and is compatible with the European Convention on Human Rights (ECHR) and other European Union Obligations Convention Rights, or would do so if modifications were made to it. The Council, in making its decision, should have regard to the examiner’s report and recommendations.
1.4 The Localism Act requires that the independent examiner considers whether the area for any referendum should extend beyond the neighbourhood area to which the draft plan relates. If a recommendation is made to extend the area the independent examiner must make a recommendation as to what the extended area should be.
1.5 The Council is required to consider the referendum area, informed by the examiner’s conclusions. If the Council decides to extend the referendum area beyond the plan area a map of the area must be published.
1.6 Where the Council is satisfied that the Neighbourhood Plan meets the Basic Conditions and recommends the Neighbourhood Plan proceeds to a referendum, under Schedule 4B to the Town and Country Planning Act 1990, the Council must make arrangements for the referendum to take place.
1.7 Staverton Parish Council has accepted all of the modifications proposed by the examiner and has amended the plan accordingly. The amended plan is attached at Appendix B. Staverton Parish Council has written to the Council requesting that the Plan proceeds to a referendum (this letter is attached at Appendix C).
1.8 Following a successful referendum a Neighbourhood Plan becomes a significant material consideration in the determination of planning applications, and the Council is required to adopt the Neighbourhood Plan within a defined time period (8 weeks). Once ‘made’ (adopted) by the local planning authority, the Neighbourhood Plan becomes part of the Development Plan for the plan area and will be used alongside the local plan to determine planning applications.
2. Background
2.1 The Staverton Neighbourhood Plan has been prepared by Staverton Parish Council in accordance with the relevant legislation and regulations.
2.2 The Staverton Neighbourhood Plan Area was designated in June 2016 under the Neighbourhood Planning Regulations 2012. The area covers the administrative boundary of the Parish of Staverton.
2.3 Following the necessary community engagement, consultation (six week public consultation at Regulation 14 stage) and background work (including informal SHDC officers’ advice), a draft plan was submitted to the Council in accordance with Regulation 15 of the Neighbourhood Planning (General) Regulations 2012.
2.4 The Council formally consulted on the draft plan (under Regulation 16) from June to July 2023. The plan then proceeded to examination, and the examiner held a Procedural Meeting on 12th December 2023.
2.5 The examiner’s final report was produced on 24th January 2024. A copy is attached at Appendix A. It provides an independent examination of the Neighbourhood Plan and its process of preparation. Council officers provided feed-back and fact checking to the examiner on a draft report. Officer comments were taken into consideration and where required points of fact were amended.
2.6 The examiner’s report (Appendix A) sets out all of the recommended modifications to the plan. It has been necessary for the examiner to make modifications to a number of policies. These include modifications where policies have sought to introduce controls outside of the scope of the planning system, and where existing policy already sets out the scope of control. Where appropriate, modification of the supporting text in the plan is necessary to align with the modified policies. The examiner’s comments on the policies are shown in blue text in the report, and the policies as recommended to be modified and any new text to be inserted are shown clearly in red text.
2.7 The examiner’s report concludes that the Staverton Neighbourhood Plan meets the Basic Conditions and the other statutory requirements and processes, and, subject to the recommended modifications, can proceed to referendum.
2.8 The Basic Conditions are set out in paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 as applied to neighbourhood plans by section 38A of the Planning and Compulsory Purchase Act 2004. A Neighbourhood Plan meets the Basic Conditions if:
a. Having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the plan;
b. The making of the plan contributes to the achievement of sustainable development;
c. The making of the plan is in general conformity with the strategic policies contained in the development plan for the area of the authority;
d. The making of the plan does not breach, and is otherwise compatible with, retained EU Obligations, and;
e. Prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan.
2.9 Notwithstanding the examiner’s report, the Council must be satisfied that the Neighbourhood Plan meets the Basic Conditions and is compatible with the European Convention on Human Rights (ECHR) and other European Union Obligations, or would do so if modifications were made to it.
2.10 The European Convention on Human Rights (ECHR) and other
European Union Obligations are considered as the Neighbourhood Plan is required to take cognisance of the EU Strategic Environmental Assessment (SEA) Directive 2001/42/EC. The Council carried out a Strategic Environmental Assessment (SEA) and Habitats Regulation Assessment (HRA) screening exercise in consultation with relevant statutory bodies at Regulation 14 stage. It was the Council’s opinion that a full SEA was not required for the plan as its provisions did not undermine environmental, habitats or species considerations. The examiner was satisfied that the conclusion is still appropriate.
2.11 Council officers have considered the Neighbourhood Plan and examiner’s report with regard to the Basic Conditions, including conformity with the development plan and national policy. Officers accept the examiner’s reasoning for the modifications, agree that the Basic Conditions have been satisfied, and confirm that the plan can proceed to referendum. Staverton Parish Council considered the examiner’s report at a meeting of the full Council on 7th February 2024 and resolved to accept the examiner’s recommended modifications in their entirety and to support the plan going forward to referendum. A letter from Staverton Parish Council is attached at Appendix C.
2.12 The examiner considered the plan area and the area to which the referendum should apply. The examiner was satisfied that the referendum area should be the same as the plan area, should the plan go to referendum. Officers recommend that the referendum area be the same as the plan area. A map showing the Neighbourhood Plan Area is attached at Appendix D.
2.13 If the Executive is satisfied that the Neighbourhood Plan meets the Basic Conditions, the European Convention on Human Rights, and other European Union Obligations the Neighbourhood Plan can proceed to referendum under Schedule 4B to the Town and Country Planning Act 1990. If the recommendation to proceed to referendum is agreed, the Council must make the arrangements for the referendum. This includes the publication of a Decision Statement (attached at Appendix E).
3. Outcomes/outputs
3.1 If the recommendation to proceed to a referendum is approved, officers recommend that the referendum area be the same as the Neighbourhood Plan Area. The referendum needs to be held within 56 working days of a Decision Statement being published by the Council. Notice of the referendum would need to be advertised 28 days prior to the referendum being held.
3.2 Following a successful referendum, the Council is required to adopt the Neighbourhood Plan within a defined time period (8 weeks). Once ‘made’ (adopted) by the local planning authority, the Neighbourhood Plan becomes part of the Development Plan for the area and will be used alongside the local plan to determine planning applications.
3.3 A successful outcome for this Neighbourhood Plan will provide encouragement to the other parishes that are currently working on preparing a Neighbourhood Plan.
4. Options available and consideration of risk
4.1 Given the view of council officers and their recommendation that the Staverton Neighbourhood Plan meets the relevant conditions, it is considered that the plan should continue through the process as proposed.
4.2 If the Executive does not agree, then the options are to propose such modifications as the Executive considers would enable the plan as modified to meet the relevant conditions and therefore still proceed to referendum; or to agree to the plan not being made.
4.3 In terms of Risk, this relates to the potential for challenge through a Judicial Review to the Executive’s decision that the plan does or does not meet the Basic Conditions or is compatible with the European Convention on Human Rights.
5. Proposed Way Forward
5.1 It is recommended that the Executive approves the Staverton Neighbourhood Plan to proceed to referendum.
6. Implications
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Implications
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Relevant |
Details are set out in this report. |
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Legal/Governance
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Y |
The decision to proceed to referendum for a Neighbourhood Plan is the responsibility of the council and/or its Executive. The Staverton Neighbourhood Plan has followed the procedure in the Neighbourhood Planning (General) Regulations 2012 and a referendum can be held in accordance with the Neighbourhood Planning (Referendums) Regulations 2012. Following a referendum, the Council is required to ‘make’ the Neighbourhood Plan and must do so within 8 weeks of the date of the referendum.
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Financial implications to include reference to value for money
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N |
There are no financial implications. Neighbourhood Plans are supported through the Government grants program. There is an internal cost recovery system for referendums. |
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Risk |
Y |
There is a risk of legal challenge on the Neighbourhood Plan referendum process.
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Supporting Corporate Strategy |
Y |
The Council’s role in the Neighbourhood Plan process is a statutory duty. Neighbourhood Plans assist in delivering key themes in the Better Lives for All 2021, including: Adapting & mitigating climate change and increasing biodiversity; Protecting, conserving and enhancing the built and natural environment; Stimulating a thriving economy.
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Climate Change - Carbon / Biodiversity Impact
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Y |
The Staverton Neighbourhood Plan aligns with the Joint Local Plan and contains policies aimed at mitigating the effects of climate change and impacts upon biodiversity. |
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Comprehensive Impact Assessment Implications
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Equality and Diversity
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Y |
The Neighbourhood Plan has assessed Equality and Diversity implications as part of its background evidence.
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Safeguarding
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N |
None. |
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Community Safety, Crime and Disorder |
N |
No direct implications.
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Health, Safety and Wellbeing |
Y |
Positive outcomes are anticipated from the making of the Neighbourhood Plan.
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Other implications |
N |
None.
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Supporting Information
Appendices:
Appendix A: Staverton Neighbourhood Plan examiner’s report
Appendix B: Staverton Neighbourhood Plan referendum version
Appendix C: Staverton Parish Council letter to SHDC
Appendix D: Map of Staverton Neighbourhood Plan Area
Appendix E: Decision Statement
Background Papers:
Background documents to the Staverton Neighbourhood Plan are on-line at:-