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Brandon and Bretford Neighbourhood Development Plan Decision Statement

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Brandon and Bretford Neighbourhood Development Plan Decision Statement Agenda No 5(b) Special Council – 4th June 2019 Brandon and Bretford Neighbourhood Development Plan Decision Statement Report of the Head of Growth and Investment 1. PURPOSE OF REPORT 1.1 The Localism Act 2011 introduced a right for communities to draw up neighbourhood plans. Brandon and Bretford Parish Council, with support and advice from the Borough Council, has produced a neighbourhood plan which has subsequently undergone an examination and a referendum. This report considers whether the Brandon and Bretford Neighbourhood Development Plan to 2031 (Appendix 1) should be adopted by the Borough Council as part of the statutory Development Plan and contains a decision statement, as required by the statutory requirements, setting out the decision reached. 2. BACKGROUND INFORMATION 2.1 The 2011 Localism Act allowed for local communities to shape their areas by enabling town and parish councils and other community groups to prepare neighbourhood development plans. A detailed legislative framework for undertaking neighbourhood planning was set out in the Neighbourhood Planning Regulations 2012. Additional regulations were brought in in 2016 and 2017. 2.2 A neighbourhood plan, once adopted, forms part of the statutory development plan and will sit alongside the new Local Plan prepared by the Borough Council. Should planning permission be sought in areas covered by an adopted neighbourhood plan, the application must be determined in accordance with the neighbourhood plan and the Local Plan. As the neighbourhood plan was examined under the previous Core Strategy, if there is any conflict between the policies in the neighbourhood plan and the Local Plan then the Local Plan policies will take precedence. 2.3 There are a number of legally prescribed stages that need to be undertaken in preparing a neighbourhood plan. The plan needs to be subject to examination by an independent examiner. Subject to the Borough Council’s consideration of the recommendation(s) made by the independent examiner, the plan then proceeds to a referendum. Where a neighbourhood plan is subject toa successful referendum, and the local planning authority is satisfied that EU and human rights obligations have been met, it is a legal requirement to bring the plan into force as soon as reasonably practicable. The relevant legislation to the making of the plan is set out below. Brandon and Bretford Neighbourhood Development Plan Decision Statement 1 2.4 Section 38A of the Planning and Compulsory Purchase Act 2004 (as amended) sets out the requirement for a local planning authority when it comes to adopting (the legislation refers to ‘make’) a neighbourhood plan. It is stated that, “(4) A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made- (a) must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and (b) if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held. (6) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention of the rights (within the meaning of the Human Rights Act 1998).”. 3. BRANDON AND BRETFORD NEIGHBOURHOOD DEVELOPMENT PLAN PROGRESS 3.1 On the 12th March 2016 Brandon and Bretford Parish was designated a Neighbourhood Area. It was one of the first in the borough and has become only the second Neighbourhood Plan in Rugby to reach the referendum stage. 3.2 Once designated, Brandon and Bretford Parish Council undertook an evidence gathering exercise and carried out various consultations during 2016 and 2017 to identify the issues, vision and objectives to guide their plan. 3.3 Brandon and Bretford Parish Council published the Pre Submission Draft Plan on the 23rd March 2018 and consulted upon it for a six week period (Regulation 14). 3.4 Following consideration of the comments made during this consultation period amendments were made to the Plan. On the 5th July 2018 Brandon and Bretford Parish Council submitted its Submission Neighbourhood Plan, Consultation Statement and Basic Conditions Statement to the Borough Council (Regulation 15). The Borough Council undertook a six week public consultation on the content of these documents which was held from the 4th September to the 16th October 2018 (Regulation 16). 3.5 During the consultation period the Borough Council, in agreement with Brandon and Bretford Parish Council, appointed an independent examiner to review the submitted plan. Accordingly Andrew Matheson was appointed as the independent examiner. 3.6 The independent examiners report on the submitted plan was received on the 20th December 2018. The report recommended that the plan should be taken on to referendum stage subject to a series of modifications. These modifications were agreed by both Brandon and Bretford Parish Council and the Borough Council. An urgent decision was made by the Leader of the Brandon and Bretford Neighbourhood Development Plan Decision Statement 2 Council, the Leader of the Opposition and the Portfolio Holder for Growth and Investment to take the plan forward to referendum. 3.7 A referendum on the Brandon and Bretford Neighbourhood Development Plan took place, in the Neighbourhood Area to which the plan relates to, on Thursday 2nd May 2019. 3.8 Residents had the chance to vote 'yes' or 'no' to the following question: “Do you want Rugby Borough Council to use the neighbourhood plan for Brandon and Bretford to help it decide planning applications in the neighbourhood area?” 3.9 There were 169 'yes' votes to 26 'no' votes. Turnout was 37.83 per cent. 3.10 In accordance with the Neighbourhood Planning Regulations, following the outcome of the referendum it is now for the Borough Council to make the neighbourhood plan so that it formally becomes part of the Development Plan for Rugby Borough. 4. CONCLUSION 4.1 In accordance with the aforementioned legislation the Council is legally required to bring the Brandon and Bretford Neighbourhood Development Plan into force following the successful referendum where it considers the Plan will not breach or be incompatible with any EU obligation or any of the Convention of the rights (within the meaning of the Human Rights Act 1998). 4.2 The Brandon and Bretford Parish Council Neighbourhood Development Plan contains 17 planning policies which will guide planning applications in the neighbourhood area. These cover housing, economy, conservation of built and natural heritage and local facilities. It is important to note that the plan does not allocate any sites for housing. 4.3 It is considered that the Plan will not breach or be incompatible with any EU obligations or any of the Convention of the rights (within the meaning of the Human Rights Act 1998. 4.4 In order to comply with regulations, once adopted by the Council a decision notice must be published detailing that the Council has resolved to make the neighbourhood plan. The decision statement must be published on the Council website and be made available using other available means. A copy of the decision statement will also be sent to the qualifying body, namely Brandon and Bretford Parish Council, and to any person who asked to be notified of the decision. A copy of the decision notice is attached as Appendix 2 of this report. The Council must also make the neighbourhood plan available on the Council’s website with hard copies also being able to viewed at the Council office and Rugby Library. Brandon and Bretford Neighbourhood Development Plan Decision Statement 3 5. RECOMMENDATION (1) The Brandon and Bretford Neighbourhood Development Plan be approved and adopted in accordance with section 38A(4)(a) of the Planning and Compulsory Purchase Act 2004 (as amended); (2) the decision notice required under regulation 19 of the Neighbourhood Planning (General) Regulations 2012 as amended be approved; and (3) both the Brandon and Bretford Neighbourhood Development Plan and the decision notice be published on the Council’s website and publicised elsewhere in order to bring it to the attention of people who live, work or carry out business in the neighbourhood area; and for the decision notice to be sent to the qualifying body and anyone else who asked to be notified of the decision. Reasons for Recommendations 1. The Brandon and Bretford Neighbourhood Development Plan received a majority vote in favour at a referendum and the Plan will not breach or be incompatible with any EU obligations or any of the Convention of the rights (within the meaning of the Human Rights Act 1998. 2. To comply with the Localism Act which requires local planning authorities to make a neighbourhood development plan as soon as reasonably practicable following a successful referendum. Brandon and Bretford Neighbourhood Development Plan Decision Statement 4 Appendix 1 Referendum Version January 2019 - 1 - Appendix 1 LIST OF CONTENTS 1 The Neighbourhood Development Plan Page 4 2 Brandon and Bretford – History Page 6 3 Present Day Character Appraisal of The Parish Page 10 4 Future Development Issues Page 20 5 Vision Statement For The Parish Of Brandon And Bretford Page 23 Policies For Brandon and Bretford 6. HOUSING Policy H1 – Brandon Greenbelt Inset Area Page 24 Policy H2 – Development Of Brownfield Land Page 25 Policy H3 – Affordable Housing Page 26 Policy H4 – Specialist Accommodation For The Elderly And Infirm Page 26 Policy H5 – Use Of Garden Land Within The Inset Boundary Of Brandon Village Page 27 7. ECONOMY Policy E1 – Protecting And Supporting Existing Businesses Page 29 Policy E2 – Fostering New Employment Opportunities Page 30 8.
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