Daventry District Council Kilsby Neighbourhood Development Plan

Daventry District Council

Kilsby Neighbourhood Development Plan Decision Statement

Regulation 18 of the Neighbourhood Planning (General) Regulations 2012 (as amended)

1. Summary

1.1 Following an Independent Examination, Daventry District Council (the “Council”) now confirms that the Kilsby Neighbourhood Development Plan will proceed to a Neighbourhood Planning referendum.

1.2 This decision statement and copies of the Kilsby Neighbourhood Development Plan and its supporting documentation, including the Examiner’s report are available to view on the Council’s website at;

https://www.daventrydc.gov.uk/living/planning-policy/neighbourhood-planning/kilsby/?Kilsby

Hard copies of this decision statement and the modified version of the Neighbourhood Plan are available for inspection at the following locations:

• Daventry District Council Offices (Lodge Road, Daventry, NN11 4FP)

• The George Pub (Watling Street, Kilsby, CV23 8YE)

• Kilsby Community Café (Kilsby United Reformed Church, Chapel Street, Kilsby, CV23 9XE)

2. Background

2.1 Kilsby Parish Council, as the qualifying body, applied for Kilsby Parish to be designated as a Neighbourhood Area on 4th July 2012. Following consultation on the application the District Council refused the application for the whole of Kilsby Parish to be designated a neighbourhood area and exercised its power of designation to secure that part of Kilsby Parish be designated a neighbourhood area. All land in the Parish excluding that which is part of the Daventry International Rail Freight Terminal (DIRFT) was subsequently designated as Kilsby Neighbourhood Area on 6th December 2013.

2.2 The draft Neighbourhood Development Plan was published by Kilsby Parish Council for public consultation from 18th May 2015 and closed on the 29th June 2015.

2.3 Following submission of the Kilsby Neighbourhood Development plan to the District Council on 24th July 2015 the plan was subsequently published for consultation by the District Council. The consultation period ran from Wednesday 5th August 2015 to Friday 18th September 2015.

2.4 Following the submission consultation, Daventry District Council, with the agreement of the Parish Council, appointed an independent Examiner, Nigel McGurk BSC (Hons) MBA MCD MRTPI, to review whether the plan met the Basic Conditions required by the legislation and should proceed to a referendum.

2.5 Following the examination, which was dealt with through written representations, the Examiner’s report was completed in February 2016 and made available on the Council’s website. The report concludes that subject to the making of the modifications recommended in his report the plan meets the Basic Conditions set out in legislation and should proceed to a referendum.

3. Decision and Reasons

3.1 To ensure that the plan meets the basic conditions Daventry District Council has made the majority of the modifications proposed by the examiner with the exception of a 2 modifications, reference 7 and 10 in table 1 below. This table sets out these modifications and the action to be taken in respect of each of them.

3.2 The Council has considered whether to extend the area in which the referendum is to take place and agrees with the Examiner that there is no reason to extend the referendum area beyond the Kilsby Neighbourhood Area. This does not follow the same boundary as the Parish as it excludes land situated within DIRFT.

3.3 The Examiner has concluded that with the specified modifications the Kilsby Neighbourhood Development Plan meets the basic conditions and other relevant legal requirements. The Council concurs with this view however has chosen to reject 2 suggested modifications for the reasons indicated in table 1.

3.4 To meet the requirements of the Localism Act 2011, a referendum will be held which poses the question; ‘Do you want Daventry District Council to use the Neighbourhood Plan for Kilsby to help it decide planning applications in the neighbourhood area?’

3.5 The referendum will take place on Thursday 21st July 2016 and will be held at Kilsby Village Hall, Rugby Road, Kilsby, CV23 8YE.

Table 1 Examiners Recommended Modifications to the Kilsby Neighbourhood Development Plan and actions to be taken

Recommendation Page/Paragraph/Policy Examiners Recommendation Reason Action to be taken reference reference in Submission number version of Plan

1 Page 4, second paragraph Modification to read as follows; To clarify the plan period Amend second and take into account paragraph of page 4 in (Plan Period – page 5 of Prepared under the power available to parish councils, the Kilsby progression through the accordance with the NDP when finalised will form part of the Development Plan for the examiners report) plan period, the next 15 examiners area and will be used to help determine planning applications for the next 15 years during the plan period, 2014 – 2029. years could be recommendation. misleading. This is required to ensure that the relevant requirement is met that confirms the Neighbourhood Plans must specify the period which it is to have effect.

2 Page 4, final paragraph Delete final paragraph entitled “What happens next”; This section is now out of Delete final paragraph date and should of page 4 in (Neighbourhood plan This Submission Plan has been amended following consideration of therefore be deleted for accordance with the introductory section – the representations submitted during the Regulation 14 public clarity. examiners page 12 of examiners consultation in Spring 2015. Following checks on the Plan, Daventry recommendation report) District Council will consult for a further six weeks, after which the Kilsby NDP will be subject to an independent examination. If it passes this stage, which we expect it to do, all local residents eligible

to vote will be able to decide if we want to use the Kilsby NDP to 3

shape future development by voting in a straight forward ‘yes’ or ‘no’ referendum. We expect this to take place later this year or in early 2016.

3 Page 11, paragraph 1.17, Modification to read as follows; To clarify the plan period Amend paragraph last line and take into account 1.17 of page 11 in It is arguable that, in order to maintain a sustainable population in progression through the accordance with the (Plan Period – page 5 of Kilsby, it is necessary to provide more affordable and social housing plan period, the next 15 examiners examiners report) stock. This increase should take place within the limits established years could be recommendation. by the substantial majority of residents in the 2014 Kilsby misleading. This is Neighbourhood Development Plan Survey: that is, small sympathetic required to ensure that developments, on in-fill land wherever possible, totalling in all about the relevant requirement 50 additional houses in the village in the next 15 years during the is met that confirms the plan period, 2014-2019. Neighbourhood Plans must specify the period which it is to have effect.

4 Page 15, paragraph 2.2 Modification to read as follows; To clarify that DIRFT Amend paragraph 2.2 extends beyond the of page 15 in (Neighbourhood plan Kilsby Parish Council made the decision for Kilsby to prepare a Kilsby Parish boundary accordance with the introductory section – Neighbourhood Development Plan in 2013. An application for and to confirm when the examiners page 12 of examiners designation was submitted to Daventry District Council on 4th July Neighbourhood Area was recommendation. 2013 but on 5th December 2013 the application was refused report) formally designated. because the specified area included only part of the Daventry International Rail Freight Terminal (DIRFT), which is classified as of national strategic importance. Daventry District Council therefore designated an amended Neighbourhood Area that excludes that part of Kilsby Parish which is occupied by the Daventry International Rail

Freight Terminal (DIRFT) on 6 December 2013.

5 Page 15, paragraph 2.4, Modification to read as follows; To clarify the plan period Amend paragraph 2.4 line 4 and take into account of page 14 in The Neighbourhood Development Plan Steering Group prepared a progression through the accordance with the (Plan Period – page 5 of questionnaire to get up-to-date and relevant information about the plan period, the next 15 examiners examiners report) parish and to give residents the opportunity to feed back their views years could be recommendation. on what is important to them and their concerns, and their ideas on misleading. This is how the village should develop over the next fifteen years plan required to ensure that period, 2014- 2029. the relevant requirement is met that confirms the Neighbourhood Plans must specify the period which it is to have effect.

6 Page 16, paragraph 2.8, Modification to read as follows; To accurately reflect the Amend paragraph 2.8 line 1 wording of the basic of page 16 in Neighbourhood Development Plans must be compatible withhave conditions the plan accordance with the (Basic Conditions to conform to European Union regulations obligations with regards should be amended. examiners references- page 6 of on environmental protection and habitat conservation and have recommendation. examiners report) regard to UK national planning policy and advice.

7 Page 16, paragraph 2.9 Modification to read as follows; To accurately reflect the Amend the reference wording of the basic to the basic conditions (Basic Conditions • Be appropriate, hHaveing regard to national policy and conditions and to clarify in accordance with the references- page 6 of advice; what the strategic examiners examiners report) policies consist of the recommendations • Contribute to the achievement of sustainable development ; plan should be amended. with the exception of • Be in general conformity with the strategic policies for the the first bullet point 5

development plan for the area, which in this case is the which should be West Northamptonshire Joint Core Strategy (2014) Plan amended as follows; policies for the local area; and the Saved Policies of the Daventry District Local Plan (1997) “Be appropriate, having regard to • Be compatible with EU obligations. national policy and advice”

because that wording more closely reflects the wording in the regulations than that suggested by the examiner

8 Page 17, paragraph 2.10 Modification as follows; To clarify the role of the Amend paragraph SEA screening exercise 2.10 of page 17 in (Neighbourhood plan Plans at all levels are required to demonstrate that sustainable and its findings. accordance with the introductory section – development will be delivered. It is an important part of the process, examiners page 12 of examiners which must be demonstrated in all European, National, District and recommendation. report) Local Plans. The Strategic Environmental Assessment (SEA) of a Plan is conducted in conformity with the 2001/42/EC Strategic Environmental Assessment (SEA) European Directive, which requires SEA of all government local plans and programmes likely to have significant environmental effects. Daventry District Council has undertaken an initial screening exercise, in consultation with the Parish Council to determine whether the emerging policies and proposals in the Neighbourhood Plan were likely to have any

significant environmental effects.

9 Page 21, last paragraph Modification to read as follows; To accurately reflect the Amend the last wording of the basic paragraph of page 21 (Basic Conditions The policies are in general conformity with the strategic policies of conditions and to clarify in accordance with the references – page 6 of the development plan for the area Saved Policies of the 1997 what the strategic examiners examiners report) Adopted Local Plan for Daventry, and the recently adopted West policies consist of the recommendations. Northamptonshire Joint Core Strategy 2014 (the West plan should be amended. Northamptonshire Joint Core Strategy (2014) and the Saved Policies of the Daventry District Local Plan (1997).

10 Development plan policy Delete the development plan policy references at the end of each Not considered to be This recommendation references on page 26, section relevant for inclusion in is not accepted as the page 34, page 38, page 45, the final Neighbourhood references set out are page 48 and page 50 Plan. considered to be a useful tool to assist (Page 14 of examiners development report) management and to establish consistency or otherwise with the Part 2A and 2B Local Plans when they are adopted. Therefore this modification should not be made.

11 Policy K1 and supporting Modification to read as follows; To ensure that the policy Amend policy K1 and paragraphs provides clear guidance, supporting paragraphs The Village Hall, Church, Chapel and allotments will be protected avoids pre-determination in accordance with the

(Page 16 of examiners as community assets. There will be a presumption in favour of the of a planning application examiners report) re-use of such facilities for health, education and other community and provides clarification recommendation. uses, including churches, the village hall, post office, pubs and about what time period recreation facilities. The retention and development of community the marketing evidence is facilities will be supported. required to be for. In addition clarification on The change of use of existing facilities to other uses will not be where community permitted supported unless the following can be demonstrated: infrastructure levy A. The proposal includes alternative provision, on a site within the monies can be spent is locality, of equivalent or enhanced facilities, on a site within the considered to be more locality. Such sites should be accessible by public transport, appropriate in the walking and cycling and have adequate car parking; or supporting text. These changes are considered B. There is no longer a need for the facility, this being evidenced by necessary to ensure the at least six months of active marketing. period of active marketing plan contributes to the which has failed to bring the building or land back into use. achievement of sustainable development Proposals for new and extended community and health facilities and meets the basic such as village halls, schools and recreation areas will be conditions. supported. Community Infrastructure Levy contributions should be used to support such improvements, particularly to provide GP facilities in Kilsby and open space/recreation provision such as facilities for teenagers and provision of a sports pitch.

Add a new supporting paragraph 4.1.11 to read;

“The Parish Council will receive Community Infrastructure Levy monies. It is intended that Community Infrastructure Levy monies be used to support community facilities and services, including the 8

provision of GP facilities in Kilsby and open space/recreation provision, including facilities for teenagers and a sports pitch. The Parish Council will work to achieve this.”

Renumber subsequent paragraphs of that section.

12 Paragraph 4.1.12, last Modification as follows; For clarification to ensure Amend paragraph sentence the plan meets the basic 4.1.12 in accordance Despite recent improvement, pavements within the village are still conditions with the examiner’s (Page 17 of examiners not adequate and parked vehicles frequently park on them. recommendation. report)

13 Policy K2 Modification as follows; To ensure that the plan Amend policy K2 and has regard to national supporting text in (Page 18 of examiners Proposals to improve accessibility for walking and cycling and policy, particularly accordance with the report) enhancement of routes linking residential areas to community paragraph 204 of the examiners facilities, the village centre and nearby towns and villages will be NPPF regarding developer recommendation. supported in principle. contributions. A series of Green Routes and supporting access improvements are identified on Map 3 below. These Green Routes will be used to promote walking and cycling throughout the village and surrounding countryside; to reduce reliance on the private car for short journeys; and to support healthy lifestyles. Developer contributions (and other funding) will be sought to improve accessibility throughout this proposed network and some proposals may require further negotiations with land owners.

The proposed Local Green Routes include the following

improvements:

1. A footway and cycleway between the end of Rugby Road and Nortoft Lane. This to be extended towards the canal, giving access for walkers to the canal towpath, and then further development with Warwickshire towards Crick Road in Rugby.

2. A5 north towards Crick, repairing and clearing the existing path giving access to DIRFT.

3. A361 a separate cycle/footpath to the Ridgeway.

4. From the junction of Nortoft Lane towards Barby - plenty of room on the verges to be used by both walkers and cyclists.

5. From the junction of Nortoft Lane back into Kilsby on the Barby Road - again room for both cyclists and walkers.

6. Use of the bridleway as a mountain bike track.

7. Nortoft Lane back towards DIRFT.

Move the deleted text into new supporting text paragraph below paragraph 4.1.12 with a new hearing “Community Action” and amend to read as follows;

The Parish Council will seek to provide new footpath/cycle ways and enhancing existing routes. To this end, a series of proposed routes and improvements A series of Green Routes and supporting access improvements are identified on Map 3, below. These Green Routes will be used the intention of which is to promote walking and cycling

throughout the village and surrounding countryside; to reduce reliance on the private car for short journeys; and to support healthy lifestyles.The Parish Council will seek Developer contributions, where appropriate, as well as other sources of funding. The proposed improvements/routes can be described as: (and other funding) will be sought to improve accessibility throughout this proposed network and some proposals may require further negotiations with land owners.

The proposed Local Green Routes include the following improvements:

2. A5 north towards Crick, repairing and clearing the existing path giving access to DIRFT.

3. A361 a separate cycle/footpath to the Ridgeway.

4. From the junction of Nortoft Lane towards Barby - plenty of room on the verges to be used by both walkers and cyclists.

5. From the junction of Nortoft Lane back into Kilsby on the Barby Road - again room for both cyclists and walkers.

6. Use of the bridleway as a mountain bike track.

7. Nortoft Lane back towards DIRFT.

14 Page 28, Objective Modification as follows; To ensure that the plan is Modify paragraph in consistent with the Joint accordance with the (Page 21 of examiners To continue with the village’s status of a ‘restricted infill village’, Core Strategy and thus is examiners report) ensureing that any housing proposals are proportionate in scale and not in breach of the basic recommendation provide a range of different types and size of accommodation to conditions. however further to meet the needs of the local community, and are of a design which is that it should also be consistent with the identity, atmosphere, and character of the acknowledged that village. this change in necessary to ensure consistency with the equivalent objective on page 19.

15 Paragraph 4.2.9 Modification as follows; Should be removed as it Modify paragraph 4.29 is not considered to be in accordance with the (Page 21 of examiners The National Planning Policy Framework (NPPF) sets out planning appropriate for inclusion examiners report) policy at a national level, and has a central ‘presumption’ in favour within a neighbourhood recommendation. of ‘sustainable development’. This has been used by speculative plan owing to its developers to justify approval for applications which contravene subjective nature. existing ‘saved’ policies.

16 Policy K3 Modification as follows; To avoid repetition with Modify policy K3 in policy R1 of the WNJCS accordance with the (Page 21 of examiners New development in Kilsby will be limited, in line with Policy R1 of and to ensure the plan is examiners report) the West Northamptonshire Joint Core Strategy ‘Spatial Strategy consistent with the recommendation.

for the Rural Areas which states: WNJCS regarding ‘confines’. To ensure the Once the housing requirement for the rural areas has been met plan is appropriate having through planning permissions or future allocations further housing regard to national policy development will only be permitted where it can be demonstrated to ensure that car parking that it: provision is proportionate a) would result in environmental improvements on a site, including and to ensure that the for example, the re-use of previously developed land and best plan is achievable practice in design; or regarding sustainable transport modes. b) is required to support the retention of or improvement to essential local services that may be under threat (in particular the local primary school or primary health services);or c) is a rural exceptions site that meets the criteria in Policy H3; and d) has been informed by an effective community involvement exercise prior to the submission of a planning application; or e) has been agreed through an adopted Neighbourhood Plan.

Further to the requirements of Policy R1, proposals for residential development should:

Residential development will be supported within the existing confines of Kilsby village. Proposals should; fa) be within the existing confines of settlement boundary of Kilsby village (see Map 3);

gb) be of a size, height, massing and density which is sympathetic to the character of the surrounding area;

hc) use local materials such as honey coloured Northamptonshire stone, dark red brick, and slate roofs;

id) provide safe access a minimum of two car parking spaces per property, adequate to ensure that cars do not need to be parked on local roads; and with suitable access from the public highway;

je) be accessible to local facilities by walking and cycling and public transport; and

kf) demonstrate consideration of comply with ‘Secured by Design’ principles and the Supplementary Planning Guidance document, ‘Planning out Crime in Northamptonshire’’.

17 Policy K4 Modification as follows; To ensure that the policy Modify policy K4 in provides sufficient clarity accordance with the (Page 22 of examiners Development proposals should provide housing of a suitable size, and accords with policy examiners report) tenure and style to meet identified local needs. These should R1 of the WNJCS and recommendation. include smaller houses, flats, either through conversion of existing therefore meets the basic properties or small scale two-storey new build, and bungalows, conditions and suitable for young people, first time buyers, or older people contributes to the wishing to downsize or move to single storey accommodation. The achievement of delivery of a range of housing types and tenures to meet local need sustainable development. will be supported. The provision of smaller houses and flats, and bungalows to meet local need will be particularly welcomed.

All proposals for new housing should be accessible to local facilities

and on sites within the settlement boundary of the village of Kilsby.

18 Policy K5 Modification as follows; To provide clarity and Modify policy K5 in ensure that the policy is accordance with the (Page 23 of examiners Proposals for new development in the Parish will be required to appropriate having examiners report) make an appropriate financial contribution to support the regarding to paragraph recommendation. provision of additional bus services and/or to improve pedestrian 204 of the NPPF ways and cycle paths. regarding planning Proposals for traffic calming measures such as road narrowing and obligations. pinch points to improve highway safety, reduce the amount of traffic using village roads will be supported.

Where new development adjoins the M45 / A5 / A361 a noise buffer (e.g. through planting or fencing) should be provided.

Proposals to reduce the problems of growing HGV traffic passing through the village on the A5 and A361, and misuse of the laybys on the A5, will be supported.

19 Policy K6 Modification as follows; To provide clarity and to Modify policy K6 in ensure the plan is accordance with the (Page 25 of examiners Development within the existing confines of Kilsby village must appropriate having examiners respect In order to preserve the its compact, sustainable, nucleated report) regard to national policy, recommendation. form and rural setting. of Kilsby village development will be in particularly paragraphs permitted within the existing settlement boundary, as shown on 28 and 55 of the NPPF. Map 2 above, where it preserves and enhances the identity,

character and rural setting of the village.

Development oOutside the existing confines of Kilsby Village development that is appropriate to a countryside use must take into account settlement boundary will be permitted for the following uses:

a) agriculture and forestry where it involves the conversion, extension or alteration of existing buildings;

b) sport and recreation where there is not a need for large buildings; or

c) expansion of the cemetery

And where it would not have an adverse impact on:

d) the character and setting of the village; or and e) the local landscape, including archaeological features such as ‘ridge and furrow’ field systems; or

f) other built or natural environmental assets.

20 Paragraph 4.4.13 Modification as follows; For clarity and to ensure Modify paragraph the plan meets the basic 4.4.13 in accordance (page 27 of examiners The Parish Council supports the identification of several green conditions. with the examiners report) spaces within Kilsby for protection as Local Green Spaces. The recommendations. justification for including these spaces is provided in Table 5 below:

21 Table 5 Page 44 Modify sentence under Special Qualities/Local Significance as To ensure that the Modify the text in follows; significance of the site is table 5 in accordance (page 27 of examiners 16

report) Provides for calm, recreation and respite, and has historic and truly reflected to warrant with the examiners wildlife interest. Mature trees and affords screening of the A361. designation of the area of recommendation. Local Green Space and to ensure the plan is appropriate having regard to the NPPF.

22 Policy K7 Modification as follows; To ensure the plan is Modify policy K7 in appropriate having accordance with the (Page 27 of Examiners The sites listed below, and shown on Map 2, are designated as Local regard to the NPPF. examiners Green Spaces under paragraphs 76 and 77 of the National Planning Report) recommendation. Policy Framework. Development of Local Green Space is ruled out other than these spaces will only be permitted in very special circumstances.

Devon Ox Green

Malt Mill Green

Butts Lane

Recreation Ground

Allotments

23 Local Green Space Maps Provide new plans showing the precise boundaries of each Local To ensure the plan is Provide additional Green Space relative to its surroundings on an Ordnance Survey appropriate having plans in accordance (Page 27 of examiners Base. The precise location of each area to protected must be clearly regard to the NPPF. with the examiners report) legible. recommendation.

24 Policy K8 Modification as follows; For clarity, to ensure the Modify policy K8 in policy covers land use accordance with the (Page 28 of examiners Measures such as improvements in public transport provision and planning matters and to examiners report) cycle routes which support improved accessibility to nearby ensure that the plan recommendation. commercial centres such as DIRFT, Daventry and Rugby will be meets the basic encouraged. conditions. Proposals will be supported which promote homeworking and self- employment, for example through The provision of office /small workshop space within new housing developments in the settlement boundary, and small-scale changes of use of buildings, where planning consent is required. will be supported, subject to it respecting local character and residential amenity.

New development proposals will be required to include appropriate The provision for of new communication technologies as part of business and residential proposals will be supported, subject to respecting local character and residential amenity.

25 Policy K9 Delete policy K9; To provide clarity and Modify policy K9 and ensure that the policy is the supporting text in (Page 29 of the examiners New development proposals will be required to provide all appropriate having accordance with the report) necessary contributions towards infrastructure improvements in regarding to paragraph examiners the village, to ensure that provision of water, sewerage, electricity, 204 of the NPPF recommendation. broadband and mobile services, and medical facilities are suitable regarding planning to meet the future needs of the village. obligations. Below paragraph 4.6.2 insert the following;

Action 8: The Parish Council will seek to ensure that new

development aligns with infrastructure improvements. The Parish Council aims to work with developers to make sure that the provision of water, sewerage, electricity, broadband and medical facilities are suitable to meet the future needs of the village.

26 Paragraph 4.6.3 Modify paragraph 4.6.3 as follows; For clarity and to ensure Modify paragraph the plan meets the basic 4.6.3 in accordance (Page 29 of the examiners The Parish Council will support these policies by seeking to secure conditions. with the examiners the establishment of a dedicated GP Surgery in Kilsby. report) recommendation.

27 Chapter 5- Next Steps Delete chapter 5. The chapter is not Delete chapter 5 in considered to be accordance with the (Page 30 of examiners appropriate or necessary examiners report) for inclusion in this recommendation. version of the Neighbourhood Plan.

28 Chapter 6 Monitoring and Delete paragraph 6.3 and modify the last sentence of paragraph 6.2 For clarity and to ensure Modify chapter 6 in Review as follows; the plan has appropriate accordance with the content that does not examiners (Page 30 of examiners Should this monitoring reveal the need for the Plan to be changed or place a requirement on recommendations. up dated the Parish Council will work with Daventry District Council report) Daventry District Council. to agree any changes needed to the Plan and Daventry District will make the agreed changes using their existing decision-making powers.

If this monitoring identifies that particular parts of the Plan are out

of date, not working as intended, or that a new issue requires additional policy material, such as when the proposed Daventry Settlements and Countryside Local Plan is adopted, then the Plan will be reviewed Parish Council will seek to work together with Daventry District Council to review the plan.