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Adoption of the Wootton St Lawrence Neighbourhood Development Plan Cllr Mark Ruffell, Cabinet Member for Planning, Infrastructure and the Natural Environment

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Adoption of the Wootton St Lawrence Neighbourhood Development Plan Cllr Mark Ruffell, Cabinet Member for Planning, Infrastructure and the Natural Environment Adoption of the Wootton St Lawrence Neighbourhood Development Plan Cllr Mark Ruffell, Cabinet Member for Planning, Infrastructure and the Natural Environment Report to Cabinet Ward(s): Sherborne St John Key Decision: No Wootton St Lawrence Neighbourhood Development Plan Appendix 1: 2016-2029 Localism Act 2011 The Neighbourhood Planning (General) Regulations 2012 Papers relied on: (as amended) Neighbourhood Planning Act 2017 Foreword - Cllr Mark Ruffell, Cabinet Member for Planning, Infrastructure and the Natural Environment I highly commend all of the hard work completed over recent years by the local community to get the plan to this stage. Neighbourhood planning enables local communities to have a real say over the future of their area and ensure that development meets their needs. Recommendation from Portfolio Holder that subject to the referendum result (if more than half of those that vote in the local referendum vote in favour of the Plan), Cabinet recommend: That Council, under section 38A(4) of the Planning and Compulsory Purchase Act 2004, formally make the Wootton St Lawrence Neighbourhood Development Plan with immediate effect. That Council congratulates the local community and Neighbourhood Planning Group on their work to develop the Plan. Background, corporate objectives and priorities This report accords with the council’s Budget and Policy Framework and directly supports the Council Plan priorities of: Create jobs and opportunities by supporting new and existing businesses; 1 of 6 Support provision of quality homes, affordable to all through growth and regeneration; Invest in our Infrastructure; Maintain and enhance our built and natural environment; and Promote strong communities. Glossary of terms Term Definition BDBC Basingstoke and Deane Borough Council EqIA Equalities Impact Assessment LPA Local Planning Authority WSL NP Wootton St Lawrence Neighbourhood Plan 2016-2029 WSL NPWG Wootton St Lawrence Neighbourhood Planning Working Group Main considerations 1 Executive Summary 1.1 The report recommends that the Wootton St Lawrence Neighbourhood Plan 2016-2029 (WSL NP) is ‘made’ by the council, subject to it being supported at a local referendum on 21 November 2019. The Plan would be used, alongside local and national planning policy and guidance to determine planning applications. 1.2 The ‘making’ of the plan is the culmination of a number of years work by the local community and particularly the Wootton St Lawrence Neighbourhood Planning Working Group. The council commends them on their hard work and considers that they should be proud of the final document. 2 The Proposal and Key Issues for Consideration Background to the Neighbourhood Plan Process 2.1 The production of a neighbourhood plan must follow a statutory process and the Town and Country Planning Act 1990 as amended by the Localism Act 2011, the Neighbourhood Planning (General) Regulations 2012 (as amended), and the Neighbourhood Planning Act 2017 set out key stages in the preparation of such plans and the process for them becoming part of the development plan. The key stages are summarised below. 2.2 The WSL NP is the tenth1 neighbourhood plan in the borough to reach stage f) and subject to a positive vote it will then reach stage g), which is highlighted in bold: 1 The Oakley and Deane Neighbourhood Plan, the Overton Neighbourhood Plan, Bramley Neighbourhood Plan, the Sherborne St John Neighbourhood Plan, Whitchurch Neighbourhood Plan, Sherfield on Loddon Neighbourhood Plan, St Mary Bourne Neighbourhood Plan, Old Basing and Lychpit Neighbourhood Plan and Kingsclere Neighbourhood Plan have all been adopted (stage g). 2 of 6 a) Designation of a neighbourhood area - The area covered by the neighbourhood plan needs to be agreed by Council. b) Preparation of a draft neighbourhood plan - The ‘qualifying body’2, then prepares the draft neighbourhood plan and evidence base. c) Pre-submission publicity and consultation - The Plan is submitted for Pre-submission publicity and consultation for a minimum of 6 weeks. d) Submission of the draft plan - The ‘qualifying body’ formally submits the neighbourhood plan to the local planning authority (LPA). The LPA checks whether the plan accords with the relevant legislation, publicises the Plan for 6 weeks and appoints an Independent Examiner. e) Independent Examination - The neighbourhood plan is examined by an Independent Examiner to assess whether the Plan meets the basic conditions. The Examiner then issues a report, if the report is positive and the borough Council agrees with it, the Plan is then subject to referendum. The LPA has a duty to have regard to a post-examination neighbourhood plan when determining planning applications. f) Referendum - The borough council organises a referendum, and then publishes the results. If the referendum result is positive then the neighbourhood plan becomes part of the development plan at that point. g) Adoption – The Plan is ‘made’ by Council. Progress of the Wootton St Lawrence Neighbourhood Development Plan 2.3 In February 2014, BDBC designated the Wootton St Lawrence Neighbourhood Area for the purpose of preparing a neighbourhood plan. The NP area covers the whole parish of Wootton St Lawrence and lies solely within the Basingstoke and Deane LPA area. Wootton St Lawrence Parish Council, as the “qualifying body”, submitted the draft WSL NP and supporting documents to BDBC in May 2019. Consultation on the submission version of the WSL NP took place from June – July 2019. 2.4 Following the consultation on the submission version of the WSL NP, the council, with the consent of the Parish Council, appointed an independent examiner. The Examiner’s Report recommended that, subject to a number of proposed modifications which were required to ensure that the Plan met the basic conditions set out in the legislation, the WSL NP should proceed to referendum. Under delegated powers, the Portfolio Holder for Planning, Infrastructure and the Natural Environment agreed that the modifications should be implemented and the NP move to the next stage. 2.5 A referendum should be held within 56 days of the decision that the referendum should be held. The local referendum for the WSL NP will take place on Thursday 21 November 2019. 2.6 The council will publish the results of the referendum when all votes have been counted. It is expected that the results will be published on Friday 22 November 2019. If the referendum result is positive then the neighbourhood plan becomes part of the Development Plan for the area at that point. 2 Normally the parish/town council or neighbourhood forum. 3 of 6 2.7 Section 38A(4)(a) of the Planning and Compulsory Purchase Act 2004 requires the council to ‘make’ a neighbourhood plan if more than half of those voting in a referendum vote in favour of it. The making of a neighbourhood plan is therefore a legal requirement, apart from in narrow circumstances where adoption of the plan would breach, or otherwise be incompatible with, any EU or human rights Obligations3. The council has assessed the WSL NP and concluded that the Plan, including its preparation, does not breach, and would not otherwise be incompatible with, any EU Obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998). The Examiner’s Report also stated that the Plan does not breach the European Convention on Human Rights Obligations. The LPA is therefore under a statutory duty to ‘make’ the Neighbourhood Plan as soon as reasonably practicable after the referendum has been held. 2.8 Subject to a positive vote at referendum, the WSL NP will then be used in the determination of planning applications that fall within the parish of Wootton St Lawrence. Its effectiveness will be monitored annually through the council’s Authority Monitoring Report and the need to review the Neighbourhood Plan in due course will be considered as part of that process. 3 Options Analysis 3.1 As outlined above, the making of the Plan is mandatory in light of a positive referendum result. The options in this regard are therefore limited. 4 Corporate implications Legal Implications 4.1 If the referendum result is positive, the WSL NP would form part of the Development Plan for the Parish of Wootton St Lawrence and would be used in the determination of planning applications. 4.2 Upon being ‘made’, the WSL NP will be subject to a statutory period of time (six weeks) within which a legal challenge can be lodged. Financial implications 4.3 Once the WSL NP is ‘made’, in line with Community Infrastructure Levy regulations, 25% of any receipts generated from eligible development within the parish will be passed to the Parish Council. CIL came into effect on 25 June 2018. Risk management 4.4 A risk assessment has been completed in accordance with the council’s risk management process and has identified no significant (Red or Amber) residual risks that cannot be fully minimised by existing or planned controls or additional procedures. Equalities implications 3 Section 38A(6) Planning and Compulsory Purchase Act 2004 as amended 4 of 6 4.5 The Examiner’s Report confirms that the Examiner is satisfied that the WSL NP does not breach the European Convention on Human Rights obligations. 4.6 When considering the Public Sector Equality Duty under the Equality Act 2010, the WSL NPWG has undertaken an Equalities Impact Assessment (EqIA) and this is included in the Basic Conditions Statement which accompanied the Submission WSL NP. This assessment concluded that the WSL NP is generally positive for a range of protected interested groups. 4.7 The LPA has also reviewed the EqIA undertaken by the WSL NPWG to consider the impact of the proposed WSL NP (with recommended modifications following Examination) on the protected characteristics and other group. The LPA is content that the WSL NP would meet the requirements of Public Sector Equality Duty and the Equality Act 2010 and agrees that it would be generally positive for a range of protected characteristics groups.
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