Portfolio Holder report for decision – September 2019: Neighbourhood Plan: Examiner’s Report and Referendum Cllr Ruffell, Cabinet Member for Planning, Infrastructure and Natural Environment

Report to: Portfolio Holder report for decision Ward: Key Decision: No Appendix 1: Neighbourhood Plan Examiner’s Report Appendix 2: Designated Neighbourhood Area Appendix 3: Neighbourhood Plan Regulation 18 Decision Statement Appendix 4: Submission Wootton St Lawrence Neighbourhood Plan Localism Act 2011 Papers relied on: The Neighbourhood Planning (General) Regulations 2012 BDBC Neighbourhood Planning Protocol

Foreword - Cllr Ruffell, Cabinet Member for Planning, Infrastructure and Natural Environment

I highly commend all of the hard work completed by the Wootton St Lawrence Neighbourhood Plan Working Group and the local community to get the plan to this significant 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 that the Portfolio Holder:

a) Notes the examiner’s report and agrees the recommended modifications to make the Wootton St Lawrence Neighbourhood Plan compliant with the basic conditions, as outlined in the ‘Decision Statement’.

b) Agrees that the Wootton St Lawrence Neighbourhood Plan proceeds to referendum. Background, corporate objectives and priorities

The considerations outlined in this report support delivery of all of the Council Plan priorities - preparing for controlled and sustainable growth, improving residents’ quality of life and supporting those who need it. More directly it supports the following priorities:  Create jobs and opportunities by supporting new and existing businesses.  Support provision of quality homes, affordable to all through growth and regeneration.  Invest in our Infrastructure.  Maintain and enhance our built and natural environment.  Promote strong communities. Glossary of terms

Term Definition BDBC and Deane Borough Council EIA Equalities Impact Assessment LPA Local Planning Authority MHCLG Ministry of Housing, Communities and Local Government WSL PC Wootton St Lawrence Parish Council WSL NP Wootton St Lawrence Neighbourhood Plan WSL NPG Wootton St Lawrence Neighbourhood Planning Group

Main considerations

1 Executive summary

1.1 The purpose of this report is to agree the next stages in the progression of the Wootton St Lawrence Neighbourhood Plan (WSL NP). Following formal consultation, the Plan has recently been subject to independent examination and this report sets out the examiner’s main conclusions regarding the Submission Plan, including the modifications recommended to ensure that the Neighbourhood Plan meets the basic conditions outlined in the relevant neighbourhood planning legislation. The report goes on to recommend that an updated Submission Plan, now proceeds to a local referendum.

2 The proposal

It is proposed to:

 Agree modifications to the WSL NP to meet the basic conditions.

 Advance the WSL NP to referendum. 3. Key Issues for Consideration

Background to the Neighbourhood Plan Process

3.1 The Localism Act (2011) introduced a mechanism for local communities to produce Neighbourhood Plans (NP), enabling them to have a greater say in the future of their areas. The Council actively supports neighbourhood planning and NPs for Overton, Oakley and Deane, Bramley and Sherborne St John, , , , Whitchurch and have already been ‘made’. These NPs now form part of the Development Plan for their areas and are used in the determination of relevant planning applications.

3.2 The production of a neighbourhood plan must follow a regulatory process and the Planning and Compulsory Purchase Act 2004, the Town and Country Planning Act 1990 as amended (by the Localism Act 2011 and the Neighbourhood Planning Act 2017) and Neighbourhood Planning (General) Regulations 2012 set out the key stages in the preparation of such plans. The key stages are summarised below.

3.3 The WSL NP has now reached stage e), and is the tenth neighbourhood plan in the borough to reach this stage. Stage e) is highlighted in bold below:

a) Designation of a neighbourhood area - The area covered by the neighbourhood plan needs to be agreed by the borough council. b) Preparation of a draft neighbourhood plan - The ‘qualifying body’1, then prepares the draft neighbourhood plan and evidence base. c) Pre-submission publicity and consultation - The Plan is published 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. f) Referendum - The borough council organises a referendum, and then publishes the results. g) Adoption – The plan is ‘made’ by the borough council.

Examination of the Wootton St Lawrence Neighbourhood Plan

3.4 Following extensive work and community involvement on the WSL NP by the Wootton St Lawrence Neighbourhood Planning Group (WSL NPG), Wootton St Lawrence Parish Council (WSL PC) formally submitted the WSL NP and supporting documents to Borough Council (BDBC) on 28 May 2019. BDBC subsequently published the Submission WSL NP

1 Normally the parish/town council or neighbourhood forum. and supporting documents for 7 weeks formal public consultation which began on 12 June 2019 and finished on 31 July 2019. All representations received were forwarded to an Independent Examiner who was appointed by the Council, with the agreement of WSL PC, to examine the Plan.

3.5 The Examiner assessed whether the WSL NP meets certain legal requirements known as the ‘basic conditions’, particularly in light of the representations received. In order to meet the basic conditions, the 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 European Union and European Convention on Human Rights Obligations  Not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017(7).

3.6 In August 2019, the Examiner provided her Report to BDBC and WSL PC, which concluded that, subject to a number of modifications, the WSL NP meets the basic conditions and other statutory requirements. The Examiner also recommended that, subject to the modifications proposed, the WSL NP should proceed to a referendum. The Examiner’s Report forms Appendix 1 to this report.

3.7 As part of her role, the Examiner also considered whether the Referendum Area should be extended beyond the Wootton St Lawrence Neighbourhood Area (which corresponds with the parish boundary). The Examiner considered the Neighbourhood Area to be appropriate and recommended that the Wootton St Lawrence NP should proceed to a Referendum based on the Wootton St Lawrence Neighbourhood Area as previously approved by BDBC. This is shown in Appendix 2.

3.8 The Neighbourhood Planning (General) Regulations 2012 state that a LPA must publish what action will be taken in response to the recommendations of an Examiner. This is known as a ‘Decision Statement’. The Decision Statement outlines how a Plan will be modified in response to an Examiner’s Report and the reasoning for such changes.

3.9 Subject to the Portfolio Holder for Planning, Infrastructure and the Natural Environment approving the recommendations set out in this report, the Decision Statement for the WSL NP (attached as Appendix 3 to this report) confirms that the modifications proposed by the Examiner’s Report have been accepted by BDBC. The Statement goes on to confirm that the Plan, as revised, meets the basic conditions and that the Plan can now proceed to referendum.

Recommended Modifications to the Wootton St Lawrence Neighbourhood Plan to meet the Basic Conditions

3.10 Officers have reviewed the Examiner’s Report and discussed the outcomes with WSL PC. The key modifications proposed in the Examiner’s Report are summarised below. An updated version of the Plan, incorporating the modifications, will be published in due course as part of the referendum information. However, a summary of changes made to ensure the plan meets the basic conditions include:

 Modification to Policy WSL 1: Local Gap, to reflect the importance of the gap in retaining the landscape setting of Wootton St Lawrence.

 Modification of Policy WSL2: Local Green Space, to redefine the boundaries of the Local Green Spaces to exclude the built facilities within them that would be protected by other policies in the plan. The allotments at West Heath were not considered to meet the NPPF’s requirements for a Local Green Space and have instead been designated as a valued facility, which is protected under Policy WSL9.

 Modification of Policy WSL 3: Public Rights of Way, to remove the requirement for the Manydown Country Park to improve way making outside the country park area.

 Modification of Policy WSL 5: New dwellings, to provide clarity that the policy only applies to market dwellings outside the Manydown site allocation. The policy’s housing mix requirements retain support for smaller dwellings but have been made less specific and cross-refer to guidance in the council’s Housing Supplementary Planning Document.

 Modification of Policy WSL6: Replacement or extension of new dwellings and Policy WSL 7: detached buildings in the gardens of new dwellings, to explicitly state that the policies do not apply to the Manydown site allocation.

 Removal of the Policy WSL 8: Residential Garden Extension, as it was more permissive to the encroachment of back gardens into the countryside than Local Plan Policy EM1 and the NPPF.

Impact on EU Obligations/Strategic Environmental Impact Assessment

3.11 The Local Planning Authority screened the need for the Plan to be accompanied by Strategic Environmental Assessment and Habitat Regulations Assessment in September 2017. This concluded that neither an Environment Assessment nor Habitats Regulations Assessment under the Habitats Directive would be required. The statutory consultees (Environment Agency, Historic and Natural England) concurred with this view.

3.12 The Examiner has confirmed in her report that based on the Screening Report and consultee response it was not necessary for the Plan to require a full SEA Assessment. The Examiner confirmed that the SEA screening accords with the provisions of the European Directive 2001/42/EC. In addition, the Examiner confirmed that based on the Screening Report and consultee response, she considers that the Plan did not require a full HRA under Articles 6 or 7 of the Habitats Directive.

The Referendum

3.13 Subject to the modifications being made, as outlined in the Regulation 18 Decision Statement, the Plan can now proceed to a referendum. The referendum enables the local community to vote on whether they support the Plan or not. If there is a positive vote i.e. at least 50% plus 1 of the votes cast, and is compatible with EU law, the Plan will then be taken to Full Council in due course to be officially ‘made’ (adopted).

3.14 Not less than 28 days before the date of the referendum the Council must publish an information statement and specified documents, including the WSL NP as revised. These documents will be made available during the referendum period for inspection, including at the Council’s Civic Offices.

4 Options analysis

4.1 The Examiner has recommended that the WSL NP proceed to referendum, subject to a series of proposed modifications which are required to ensure the Plan meets the basic conditions. The LPA is responsible for deciding what action to take in response to the Examiner’s recommendation and could make a decision which differs from that recommended by the Examiner, for example on the basis of new evidence or facts. If the LPA was to take a different view to the Examiner it would be necessary to set out the reasons, notify prescribed persons and invite representations. However, the LPA considers that the proposed modifications are suitable. If these modifications are not implemented, it is considered that the WSL NP would be at greater risk of legal challenge on the basis it does not meet the legal requirements for Neighbourhood Plans. In light of the Examiner’s Report it is considered that not taking the plan forward to referendum would be a failure of the Council’s duty to support neighbourhood plans.

4.2 WSL PC could also withdraw the Plan at this stage if they were not content with the Examiner’s proposed modifications or the LPA’s decision to proceed on the basis of the Examiner’s recommendations. However, they have confirmed their support to proceed to referendum.

5 Corporate implications

Legal implications

5.1 Section 70(2) of the Town and Country Planning Act 1990 (as amended by the Neighbourhood Planning Act 2017) provides that, in dealing with planning applications, regard should be had to post-examination draft neighbourhood development plans, so far as they are material to the application. Therefore, once the decision has been made to proceed to referendum, the WSL NP will be a post examination plan for the purposes of section 70(2) and the LPA will have to have regard to it, so far as it is material, for relevant applications.

5.2 Subject to a positive vote at referendum, the WSL NP will form part of the statutory Development Plan for the borough and therefore the implementation of the policies contained within it will impact on planning decisions made in the borough, specifically in relation to the Wootton St Lawrence Neighbourhood Area. The report identifies the processes which have to be followed between now and the Plan being ‘made’.

5.3 The council must have due regard to Section 149 of the Equality Act 2010 when making any decision. This has been dealt with elsewhere in the report.

Financial implications

5.4 The Ministry for Housing, Communities and Local Government provides funding for LPAs which comprises of a payment of £20,000 per plan. The payment is made on successful completion of the neighbourhood planning examination and the setting of a referendum date. This funding will cover the costs for the examination and other further steps needed for the neighbourhood plan to come into legal force, including referendum. The referendum will incur appropriate costs in line with the Council’s duties and procedures.

Risk management

5.5 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

5.6 The Examiner’s Report confirms that the Examiner is satisfied that the WSL NP has regard to fundamental rights and freedoms guaranteed under the European Convention on Human Rights (ECHR) and complies with the Human Rights Act 1998 and that there is no substantive evidence to the contrary.

5.7 An Equalities Impact Assessment (EIA) was undertaken by the WSL NP working group which was included within the Consultation Statement at the submission stage of the neighbourhood plan. This considered the impact of the proposed submission WSL NP on the protected characteristics and other groups and the Equality Act 2010. The equalities implications of the neighbourhood plan changes as required by the independent examiner have been considered, with no issues identified for any groups. 5.8 The implications for the Public Sector Equality Duty is also an ongoing duty and has been considered in the decision making process. It can be concluded that the WSL NP will go towards promoting equality and building good relations between different groups in the local area. It is positive for all local people with a range of protected characteristics and no adverse impacts have been identified.

Consultation and communication

5.9 If the Council agrees with the proposed modifications, it will organise a local referendum on the Plan. Subject to a positive vote at referendum (more than 50% of the votes cast are in favour of the WSL NP), the plan will be ‘made’.

5.10 Any referendum and the result would be communicated by the Council via media relations, the website and social media to encourage engagement.

HR implications

5.11 There are no HR issues as a result of this report.

Conclusion

6 Summary and reasons for the decision

6.1 An independent examiner has reviewed the WSL NP and has recommended to BDBC that, subject to the modifications proposed in her report, the WSL NP should proceed to referendum. The modifications proposed in the Examiner’s Report have been accepted by BDBC. It is therefore considered that the WSL NP, as revised, meets the basic conditions and subsequently the Plan can now proceed to referendum.

6.2 Subject to a positive vote at referendum (more than 50% of the votes cast are in favour of the Plan), the Plan will be ‘made’ by the council.

The options considered and rejected

6.3 The Council could decide not to accept the Examiner’s recommended modifications, or could decide not to allow the Plan to proceed to referendum. However, it is considered that both options would be unjustified and would fail to accord with the Council’s commitment to support neighbourhood planning.

Date: September 2019

Decision taken by: Portfolio Holder

Lead officer Matthew Evans, Head of Planning and Infrastructure Joanne Brombley – Planning Policy Manager Email: [email protected] Tel: 01256 845410 or Ext 2410 Report author Robyn Kelly– Planning Policy Officer Email: [email protected] Tel: 01256 845175 or Ext: 2175 Version Final Dated September 2019 Status Open It is considered that information contained within this report (and Confidentiality appendices) do not contain exempt information under the meaning of Schedule 12A of the Local Government Act 1972, as amended, and therefore can be made public.