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(Public Pack)Agenda Document for Cabinet Member for the Planning Public Document Pack Friday, 5 March 2021 Tel: 01285 623210/623236 e-mail – [email protected] CABINET MEMBER FOR THE PLANNING DEPARTMENT, TOWN AND PARISH COUNCILS DECISION-MAKING MEETING A meeting of the Cabinet Member for the Planning Department, Town and Parish Councils Decision-Making Meeting will be held remotely, via Cisco Webex on Thursday, 11 March 2021 at 10.00 am. Rob Weaver Chief Executive To: Members of the Cabinet Member for the Planning Department, Town and Parish Councils Decision-Making Meeting (Councillors Clive Webster) Due to the current social distancing requirements and guidance relating to Coronavirus Regulations 2020 – Part 3 – Modification of meetings and public access requirements this meeting will be conducted remotely using Cisco Webex. Members of the public will be able to follow the proceedings through a broadcast on Cotswold District Council Facebook account (You do not need a Facebook account for this). Recording of Proceedings – The law allows the public proceedings of Council, Cabinet, and Committee Meetings to be recorded, which includes filming as well as audio-recording. Photography is also permitted. As a matter of courtesy, if you intend to record any part of the proceedings please let the Committee Administrator know prior to the date of the meeting. Cotswold District Council, Trinity Road, Cirencester, Gloucestershire, GL7 1PX Tel: 01285 623000Page www.cotswold.gov.uk 1 AGENDA 1. Neighbourhood Planning: Regulation 18 Decision on the Examiner's Report on the Preston Neighbourhood Development Plan (Pages 3 - 76) To consider whether the Preston Neighbourhood Plan, as modified, meets the Basic Conditions required by the Localism Act, and therefore proceeds to referendum. Reporting Officer: Joseph Walker (01285 623146) DATE OF DECISION: NO EARLIER THAN THURSDAY 11 MARCH 2021 DEADLINE FOR COMMENTS: NOON ON WEDNESDAY 10 MARCH 2021 Note: Any Member who wishes to comment on an item is requested to send those comments (preferably by e-mail) to the Reporting Officer, copied to Democratic Services, by the deadline identified. Any comments received will be reported to the Decision-Maker prior to the decision(s) being taken. (END) Page 2 Agenda Item 1 Council name COTSWOLD DISTRICT COUNCIL Name and date of CABINET MEMBER FOR THE PLANNING Committee DEPARTMENT, TOWN AND PARISH COUNCILS DECISION-MAKING MEETING - 11 MARCH 2021 Report Number ITEM 1 Subject NEIGHBOURHOOD PLANNING: REGULATION 18 DECISION ON THE EXAMINER’S REPORT ON THE PRESTON NEIGHBOURHOOD DEVELOPMENT PLAN Wards affected Siddington and Cerney Rural directly Accountable member Councillor Clive Webster - Cabinet Member for the Planning Department, Town and Parish Councils. Email: [email protected] Accountable officer Joseph Walker, Community Partnerships Officer Tel: 01285 623146 Email: [email protected] Summary/Purpose To consider whether the Preston Neighbourhood Plan, as modified, meets the Basic Conditions required by the Localism Act, and therefore proceeds to referendum Annexes Annex A - Examiner’s Report on Preston Neighbourhood Plan Annex B - Preston Neighbourhood Plan referendum version Annex C - Table of Modifications Recommendation/s That the Cabinet Member for the Planning Department, Town and Parish Councils considers the recommendations of the examiner, and the proposed modifications, and agrees that the Plan meets the Basic Conditions. Corporate priorities1.1. The Council has a duty to support neighbourhood planning. 1.2. ‘Ensure that all services delivered by the Council are delivered to the highest standard.’ Key Decision 1.3. No Exempt 1.4. No Consultees/ The draft plan was consulted upon by the parish council, and subsequently Consultation by the District Council, in line with the statutory requirements of the Neighbourhood Planning process. Page 3 1. BACKGROUND 1.1. Preston Parish Council (PPC) applied to this Council in May 2017 to designate a neighbourhood area. The area applied for, and subsequently approved, was the entirety of Preston Parish. Since that point, a steering group consisting of local residents and consultancy support has consulted locally, reviewed and developed a local evidence base, and drafted a plan, the Preston Neighbourhood Development Plan (PNDP). This plan was duly consulted upon in early 2020 (Regulation 14 pre-submission consultation) – a consultation to which this Council responded – and representations were considered in preparing a submission draft. Following the submission of this draft to the Council last year, consultation was launched in September 2020, closing on 2 November. 2. MAIN POINTS 2.1. Following the prescribed process for neighbourhood plans, Cotswold District Council procured an independent examination of the Preston Neighbourhood Development Plan (NDP) from an experienced examiner, Andrew Mead (‘the examiner’). This examination process is typically carried out using written representations, so is effectively a desk-based exercise, usually supplemented with a visit to the neighbourhood area. The examiner issued his final report on 28 January 2021. 2.2. The examiner concluded that the NDP, as amended following his recommendations, meets the Basic Conditions laid out in law for neighbourhood plans, and should proceed to referendum, and that the referendum covers the area of the plan, that is, Preston Parish. 2.3. It is the role of this Council to make the changes recommended by the examiner, in consultation with the qualifying body. It should be noted that the examiner’s recommendations are exactly that, and are not binding. These recommendations (contained in the examiner’s report at Annex A2 and subsequent modifications are highlighted in table form at Appendix C, and have been made to the submission draft plan at Appendix ‘B’. 2.4. Subject to the decision on this report, the PNDP will proceed to referendum in May 2021, alongside the other ballots scheduled for this date, including two other neighbourhood plans. This timeframe is within the usual window for a neighbourhood pan to proceed to referendum. However, it should be noted that due to Covid-19 pandemic emergency provisions, the plan can be given significant weight in decision-making after this decision, so far as the plan is material to an application (NPPG Paragraph: 107 Reference ID: 41-107- 20200513, Revision date: 13 05 2020). 3. FINANCIAL IMPLICATIONS 3.1. This decision will enable the Council to draw down grant from the Ministry of Housing Communities and Local Government. While this is set at a standard rate of £20,000, in this instance it will cover the costs of the examination and the referendum, as well as other cash costs incurred on this plan. 4. LEGAL IMPLICATIONS Page 4 4.1. Making a decision on this report is a statutory duty. While the Council is expected to take on board the examiner’s findings, these are non-binding, and the decision is the Council’s. This decision will give the plan significant weight in planning decisions, as noted above, but will still need to be subject to a referendum and a final, formal decision to make the plan. 5. RISK ASSESSMENT 5.1. This is part of a statutory process and a decision that must be made. To mitigate the risk that there is challenge to the Council’s decision, the Council has participated fully in this process to ensure that the presented plan and the preparatory process is technically and legally robust. 6. EQUALITIES IMPACT 6.1. Not required for this decision. 7. CLIMATE CHANGE IMPLICATIONS 7.1. None for this decision. 8. ALTERNATIVE OPTIONS 8.1. None for this decision. 9. BACKGROUND PAPERS 9.1. None. (END) Page 5 This page is intentionally left blank Report on the Preston Neighbourhood Development Plan 2020 - 2036 An Examination undertaken for Cotswold District Council with the support of the Preston Parish Council on the submission version of the Plan. Independent Examiner: Andrew Mead BSc (Hons) MRTPI MIQ Date of Report: 28 January 2021 Intelligent Plans and Examinations (IPE) Ltd, 3 Princes Street, Bath BA1 1HL Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 1 Page 7 Contents Page Main Findings - Executive Summary 3 1. Introduction and Background 3 Preston Neighbourhood Development Plan 2020- 3 2036 The Independent Examiner 4 The Scope of the Examination 4 The Basic Conditions 5 2. Approach to the Examination 5 Planning Policy Context 5 Submitted Documents 6 Site Visit 6 Written Representations with or without Public 6 Hearing Modifications 6 3. Procedural Compliance and Human Rights 7 Qualifying Body and Neighbourhood Plan Area 7 Plan Period 7 Neighbourhood Plan Preparation and Consultation 7 Development and Use of Land 8 Excluded Development 8 Human Rights 8 4. Compliance with the Basic Conditions 8 EU Obligations 8 Main Issues 9 Vision 10 Preston Countryside and Landscape (Policy 1) 10 Design (Policy 2) 13 Local Green Spaces (LGS) (Policy 3) 14 Employment Land (Policy 4) 14 Footpaths and Cycleways (Policy 5) 14 Community Infrastructure (Policy 6) 15 Transport and Village Amenity (Policy 7) 15 Other Matters 15 Overview 16 5. Conclusions 16 Summary 16 The Referendum and its Area 16 Concluding Comments 17 Appendix: Modifications 18 Intelligent Plans and Examinations (IPE) Ltd, 3 Princes Street, Bath BA1 1HL Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 2 Page 8 Main Findings - Executive Summary From my examination of the Preston Neighbourhood Development Plan (PNDP/the Plan) and its supporting documentation including the representations made, I have concluded that subject to the policy modifications set out in this report, the Plan meets the Basic Conditions. I have also concluded that: - The Plan has been prepared and submitted for examination by a qualifying body – the Preston Parish Council; - The Plan has been prepared for an area properly designated – the Parish of Preston as shown on Figure 1 page 5 of the submitted Plan; - The Plan specifies the period during which it is to take effect: 2020- 2036; and - The policies relate to the development and use of land for a designated neighbourhood area.
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