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Report on Weston Turville Neighbourhood Plan 2013 - 2033

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Report on Weston Turville Neighbourhood Plan 2013 - 2033 Report on Weston Turville Neighbourhood Plan 2013 - 2033 An Examination undertaken for Aylesbury Vale District Council with the support of Weston Turville Parish Council on the January 2018 submission version of the Plan. Independent Examiner: Andrew S Freeman BSc(Hons) DipTP DipEM FRTPI Date of Report: 21 May 2018 Intelligent Plans and Examinations (IPE) Ltd, Regency Offices, 37 Gay Street, Bath BA1 2NT Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 1 Contents Page Main Findings - Executive Summary 3 1. Introduction and Background 3 Weston Turville Neighbourhood Plan 2013-2033 3 The Independent Examiner 4 The Scope of the Examination 4 The Basic Conditions 5 2. Approach to the Examination 6 Planning Policy Context 6 Submitted Documents 6 Site Visit 7 Written Representations with or without Public 7 Hearing Modifications 7 3. Procedural Compliance and Human Rights 7 Qualifying Body and Neighbourhood Plan Area 7 Plan Period 8 Neighbourhood Plan Preparation and Consultation 8 Development and Use of Land 9 Excluded Development 9 Human Rights 9 4. Compliance with the Basic Conditions 9 EU Obligations 9 Main Issues 9 Issue 1: Housing development in the area 10 Issue 2: Local heritage matters 11 Issue 3: Local Green Space 12 Issue 4: Education and health policies and 14 developer contributions Issue 5: Provision of an appropriate basis for 14 decision taking Issue 6: The achievement of sustainable 15 development Other Policies 16 5. Conclusions 16 Summary 16 The Referendum and its Area 16 Overview 17 Appendix: Modifications 18 Intelligent Plans and Examinations (IPE) Ltd, Regency Offices, 37 Gay Street, Bath BA1 2NT Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 2 Main Findings - Executive Summary From my examination of the Weston Turville Neighbourhood Plan (the Plan) and its supporting documentation including the representations made, I have concluded that subject to the 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 – Weston Turville Parish Council; - the Plan has been prepared for an area properly designated – the Weston Turville Neighbourhood Area – Figure 1 in the Plan; - the Plan specifies the period to which it is to take effect - 2013 - 2033; and - the policies relate to the development and use of land for a designated neighbourhood area. I recommend that the Plan, once modified, proceeds to Referendum on the basis that it has met all the relevant legal requirements. I have considered whether the referendum area should extend beyond the designated area to which the Plan relates and have concluded that it should not. 1. Introduction and Background Weston Turville Neighbourhood Plan 2013 - 2033 1.1 Weston Turville is a village and civil parish within Aylesbury Vale district in the county of Buckinghamshire. The area lies between Aylesbury and Wendover and is bordered by the villages of Aston Clinton, Halton and Stoke Manderville. The A413 Wendover Road forms the southwestern boundary of the area whilst towards the northern boundary, the A41 Aston Clinton Road (Akeman Street – Roman Road) crosses the neighbourhood in a generally west-northwest to east-southeast direction. The parish covers about 930 hectares and has a population of approximately 3,127. 1.2 There are three main concentrations of development. The main village of Weston Turville lies in the centre of the southern part of the parish. There is development in depth, mainly residential, behind Marroway and Brook End which run through the centre of the village. In addition, frontage development extends along both Wendover Road and Aston Clinton Road. New Road links Aston Clinton Road with the centre of Weston Turville. New residential development is under construction either side of New Road. Intelligent Plans and Examinations (IPE) Ltd, Regency Offices, 37 Gay Street, Bath BA1 2NT Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 3 1.3 The developed parts of the parish are separated by a fairly flat landscape made up predominantly of large open fields in agricultural use. The remaining main physical feature of the area is Weston Turville Reservoir which lies on the southeastern boundary of the parish and features wildlife, sailing and fishing. 1.4 As indicated below, initial work towards preparation of the Neighbourhood Plan began in 2015. Designation in August 2016 was followed by many meetings, launch events, surveys and feedback sessions. The submitted plan represents some three years of detailed work by those involved. There is a vision covering the period to 2033; also, objectives under eight broad topics. The objectives address main issues raised during consultation with local residents and set the context for the subsequent policies. The Independent Examiner 1.5 As the Plan has now reached the examination stage, I have been appointed as the examiner of the Weston Turville Neighbourhood Plan by Aylesbury Vale District Council, with the agreement of Weston Turville Parish Council. 1.6 I am a chartered town planner and former government Planning Inspector with over forty years’ experience. I have worked in both the public and private sectors. I am an independent examiner and do not have an interest in any of the land that may be affected by the draft plan. The Scope of the Examination 1.7 As the independent examiner, I am required to produce this report and recommend either: (a) that the neighbourhood plan is submitted to a referendum without changes; or (b) that modifications are made and that the modified neighbourhood plan is submitted to a referendum; or (c) that the neighbourhood plan does not proceed to a referendum on the basis that it does not meet the necessary legal requirements. 1.8 The scope of the examination is set out in Paragraph 8(1) of Schedule 4B to the Town and Country Planning Act 1990 (as amended) (“the 1990 Act”). The examiner must consider: whether the Plan meets the Basic Conditions; Intelligent Plans and Examinations (IPE) Ltd, Regency Offices, 37 Gay Street, Bath BA1 2NT Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 4 whether the Plan complies with provisions under Section 38A and Section 38B of the Planning and Compulsory Purchase Act 2004 (as amended) (“the 2004 Act”). These are: - it has been prepared and submitted for examination by a qualifying body, for an area that has been properly designated by the local planning authority; - it sets out policies in relation to the development and use of land; - it specifies the period during which it has effect; - it does not include provisions and policies for “excluded development”; - it is the only neighbourhood plan for the area and does not relate to land outside the designated neighbourhood area; - whether the referendum boundary should be extended beyond the designated area, should the Plan proceed to referendum; and such matters as prescribed in the Neighbourhood Planning (General) Regulations 2012 (as amended) (“the 2012 Regulations”). 1.9 I have considered only matters that fall within Paragraph 8(1) of Schedule 4B to the 1990 Act, with one exception. That is the requirement that the Plan is compatible with the Human Rights Convention. The Basic Conditions 1.10 The “Basic Conditions” are set out in Paragraph 8(2) of Schedule 4B to the 1990 Act. In order to meet the Basic Conditions, the neighbourhood plan must: - have regard to national policies and advice contained in guidance issued by the Secretary of State; - contribute to the achievement of sustainable development; - be in general conformity with the strategic policies of the development plan for the area; - be compatible with and not breach European Union (EU) obligations; and - meet prescribed conditions and comply with prescribed matters. Intelligent Plans and Examinations (IPE) Ltd, Regency Offices, 37 Gay Street, Bath BA1 2NT Registered in England and Wales. Company Reg. No. 10100118. VAT Reg. No. 237 7641 84 5 1.11 Regulation 32 of the 2012 Regulations prescribes a further Basic Condition for a neighbourhood plan. This requires that the neighbourhood plan should not be likely to have a significant effect on a European Site (as defined in the Conservation of Habitats and Species Regulations 2017) or a European Offshore Marine Site (as defined in the Offshore Marine Conservation (Natural Habitats etc.) Regulations 2007) either alone or in combination with other plans or projects. 2. Approach to the Examination Planning Policy Context 2.1 Planning policy for England is set out principally in the National Planning Policy Framework (NPPF). In addition, Planning Practice Guidance (PPG) offers guidance on how this policy should be implemented. A draft revised NPPF and draft revised PPG were published for consultation purposes in March 2018.1 The draft revised NPPF does not yet constitute national policy and, as such, I have considered the draft Neighbourhood Plan in the context of the operative version. 2.2 The Development Plan for this part of Aylesbury Vale District Council, not including documents relating to excluded minerals and waste development, includes the saved policies from the Aylesbury Vale District Local Plan 2001 - 2011 as adopted in January 2004. 2.3 Also of relevance is the emerging Vale of Aylesbury Local Plan 2013 – 2033. This has been submitted to the Secretary of State for examination. PPG makes clear that whilst a draft neighbourhood plan is not tested against the policies in an emerging Local Plan, the reasoning and evidence informing the Local Plan process is likely to be relevant to the consideration of the Basic Conditions.2 Paragraph 184 of the NPPF also provides, “The ambition of the neighbourhood should be aligned with the strategic needs and priorities of the wider area”.
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