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BOROUGH COUNCIL of WELLINGBOROUGH AGENDA ITEM 4 Development Committee 28 October 2019

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BOROUGH COUNCIL of WELLINGBOROUGH AGENDA ITEM 4 Development Committee 28 October 2019 BOROUGH COUNCIL OF WELLINGBOROUGH AGENDA ITEM 4 Development Committee 28 October 2019 Report of the Principal Planning Manager ADOPTION OF REVISED STATEMENT OF COMMUNITY INVOLVEMENT 1 Purpose of report For the committee to consider and recommend adoption of a revised Statement of Community Involvement (SCI), prepared by the North Northamptonshire Joint Planning and Delivery Unit (NNJPDU), on behalf of all the local authorities in North Northamptonshire. 2 Executive summary The NNJPDU have coordinated the production of a revised SCI which sets out how development plan documents and planning applications are consulted on, and how the public are engaged with the planning process in North Northamptonshire. The Joint Planning Committee (JPC) adopted the revised SCI on the 25th July 2019 in relation to jointly prepared documents and recommended that the partner local planning authorities (LPAs) adopt it in relation to their responsibilities. 3 Appendices Appendix 1 - North Northamptonshire Statement of Community Involvement (revised 2019). Appendix 2 - Schedule of consultation comments on the North Northamptonshire Statement of Community Involvement. 4 Proposed action: 4.1 The committee is invited to RECOMMEND adoption of the Statement of Community Involvement as revised July 2019. 5 Background 5.1 All planning authorities are required to prepare a Statement of Community Involvement (SCI) setting out how they will consult and engage with people over the preparation of development plan documents as well as on planning applications. The current SCI was adopted by the council in 2013 and is in need of updating as a result of updated regulations since that time. Local authorities are now required to review SCIs at least every 5 years and are also required to set out their policies for giving advice or assistance to neighbourhood planning groups. 5.2 The JPDU has co-ordinated the production of this revised SCI on behalf of the 4 authorities in North Northamptonshire. This has alleviated the need for the partner LPAs to prepare individual documents. The National Planning Practice Guidance on Plan Making (NPPG) clarifies that the revised SCI does not have to be subject to public consultation before it can be adopted by the JPC and by the partner LPAs. However, following discussions with the partner authorities, it was considered that it would be beneficial to undertake focused consultation on the document to seek wider stakeholder input and ensure buy in. At the April JPC, members approved a draft SCI for consultation. This was undertaken for six weeks from 2 May to the 13 June 2019 and proved useful in shaping the final version of the document. During the consultation 7 responses were made from organisations and an individual, two of which were offering no comment on the document. A database of all responses received is included in Appendix 2 of this report along with a JPDU officer’s response. 5.3 The JPC resolved to adopt the revised SCI at their committee meeting on the 25 July 2019. The JPC however can only adopt the SCI in so far as it relates to the Joint Core Strategy and other joint plans. It therefore needs to be adopted by the individual districts and boroughs in North Northamptonshire so it can apply to borough wide planning documents and planning applications. Corby Borough Council adopted the SCI on 21 August, Kettering Borough Council adopted it on 25 September and East Northamptonshire Council on 30 September. 6 Discussion 6.1 There were a total of seven responses to the NNJPDU consultation, these were from Natural England; Historic England; Cambridgeshire Police; Rushden and Higham Council of Churches, Church and Community Planning Partnership; Rothwell Town Council; Braybrooke Parish Council and one local resident. None of the responses or respondents specifically related to Wellingborough. 6.2 Natural England provided no comment other than they were supportive of the revised SCI and the emphasis on early engagement. Cambridgeshire Police and Rothwell Town Council also provided no comment. 6.3 Historic England sought clarification on the consultation stages of Neighbourhood Plans and a new paragraph (5.4) has been introduced to reflect this. 6.4 One resident commented that they felt further emphasis should be placed on the importance of early engagement, particularly with regard to communities who could be affected by future development. In this instance, allocation sites in draft plans were highlighted as being an area where the public should be better informed. In response to this comment, further text has been added to para 4.6 of the SCI to strengthen this and provide examples of how LPAs could engage with communities at this stage of the plan making process. 6.5 Braybrooke Parish Council provided comments covering a couple of issues. The first being the matter of the unitary authority and the role of Parish Councils come its inception. The JPDU considered that although this is a legitimate concern, at present this is not an issue for this version of the SCI which deals with the current planning arrangements across North Northamptonshire. A new SCI will need to be produced for the new unitary authority. Other concerns raised related to the role of Parish Councils and have been responded to in Appendix 2, but it was not felt that any changes to the SCI itself are required as a result of these comments. 6.6 The second matter raised by Braybrooke Parish Council related to electronic communication. Responses identify a couple of issues, detailing what is possible with current General Data Protection Regulations (GDPR) regulations in relation to email communication during consultations as well as information on how those who do not use the internet can be reached during consultations. It is considered that the SCI currently deals with these issues sufficiently and/or it is not appropriate to go into suggested levels of detail and therefore no further changes have been made to the document. Further context on the Data Protection Act 2018 has been included in the SCI at para 4.7. 6.7 Rushden and Higham Council of Churches, Church and Community Planning Partnership set out that the SCI should make it clear where consultation is a statutory requirement in terms of plan making. In response to this, additional text has been provided within para 4.18. It is considered however that the document should not be too prescriptive where elements of the plan making process are more flexible. Other minor amendments to wording have been made at paras 6.6 and 6.9 in response to other comments raised. 6.8 The updated SCI is considered to be consistent with the requirements of national policy and guidance however it may be necessary to update the SCI should there be future changes in national policy or other changes in circumstances. 6.9 It is suggested that the committee recommend adoption of the SCI in Appendix 1. As this now contains details of the advice and assistance that will be provided to neighbourhood plans it will replace the council’s Neighbourhood Planning Protocol prepared in 2013. This protocol has formed the basis for the preparation of the SCI. 7 Legal powers S18 of the Planning and Compulsory Purchase Act 2004 requires local planning authorities to prepare an SCI and S 19(3) requires local development documents to prepared in accordance with that SCI. The Town and Country Planning (Local Planning) (England) Regulations 2012 make provision for the operation of the system of development planning including the minimum requirements for public participation. The Development Management Procedure Order 2015 sets out the consultation timeframes for planning applications. The Localism Act (s122) requires developers to consult local communities before submitting planning applications for certain developments (to be specified in a development order); to consider the response; and to show how comments have been taken into account. The Neighbourhood Planning Act 2017 sets a requirement to review local plans and Statements of Community Involvement at least every 5 years from adoption. It also required authorities to set out in their SCIs their policies for giving advice or assistance to neighbourhood planning groups and their policies involving communities and other interested parties in the preliminary stages of plan making: specifically in the exercise of their functions under sections 13 (survey) and 15 (Local Development Scheme) of the Planning and Compulsory Purchase Act 2004. 8 Financial and value for money implications Consultation and engagement requirements can be met within existing resources. 9 Risk analysis Nature of risk Consequences Likelihood of Control if realised occurrence measures Lack of clarity Potential Low Adopt the SCI over who and challenges from clearly setting out when to consult the public and the process of on planning organisations consultation. documents regarding a lack of appropriate consultation undertaken. Failure to comply Potential for Medium Adopt the SCI to with national challenge ensure the council policy regarding regarding the is meeting the the need for a lack of requirements of SCI to be in adherence to national policy. place national policy with regard to appropriate consultation or an up to date SCI. 10 Implications for resources None anticipated, consultation and engagement already forms part of the planning teams normal work streams. 11 Implications for stronger and safer communities The SCI will ensure that the local community is engaged and fully aware of current planning related consultations. It will encourage all sections of the community to respond. 12 Implications for equalities The SCI makes clear reference to the need for increased consultation and engagement in order to encourage increased participation in planning consultations from minority groups and ‘hard to reach’ sections of the community. 13 Author and contact officer Thomas Shaw (Planning Policy Officer) 14 Consultees Martyn Swann, Principle Planning Manager Sue Bateman, Senior Planning Officer Senior Management Team 15 Background papers None Appendix 1 North Northamptonshire Statement of Community Involvement July 2019 Contents 1.
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