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Cornwall Council Report To: Cabinet Member for Environment, Heritage and Planning Date: 10Th October 2014 Title: St Eval Neigh

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Cornwall Council Report To: Cabinet Member for Environment, Heritage and Planning Date: 10Th October 2014 Title: St Eval Neigh Cornwall Council Report to: Cabinet Member for Environment, Heritage and Planning Date: 10 th October 2014 Title: St Eval Neighbourhood Development Plan: Plan Proposal Decision Portfolio Area: Environment Heritage and Planning Divisions Affected: St Issey and St Tudy Relevant Scrutiny Committee: Scrutiny Management Committee Key Decision: N Approval and Y / N clearance obtained: Urgent Decision: Y / N Date next steps can Normally 10 be taken: calendar days (e.g. referral on of after decision for recommendation or Cabinet implementation of substantive decision) Appropriate pre-decision notification given where an Y / N executive Decision? Author: Sarah Arden Role: Principal Development Officer Contact: 01872 224294/[email protected] Recommendation: 1. That the St Eval Neighbourhood Development Plan is amended according to the Examiner’s recommendations and the plan proposal decision is published. 1. Executive summary Cornwall Council The St Eval Neighbourhood Development Plan has been successful at examination, with the examiner recommending that the plan should proceed to referendum, subject to a number of recommended amendments. The Local Planning Authority is responsible for deciding what action to take in response to the examiner’s recommendation. This report details the recommendations and the proposed action to take in response. The recommendation is to make all the recommendations suggested by the examiner, since they strengthen and add clarity to the plan and the St Eval Neighbourhood Steering group are in agreement. The recommendations, the reason for them and the proposed actions are detailed in a table in part 3 of this report. Agreeing this will enable the plan proposal decision to be published so that the plan can proceed to examination. 2. Background The Council has a statutory duty to assist communities in the preparation of Neighbourhood Development Plans and Orders and to take plans through a process of Examination and Referendum. The St Eval Neighbourhood Development Plan ( NDP) is one of the frontrunner pilots in Cornwall and the work of the community to develop the NDP has been supported by Cornwall Council officers. St Eval started work on the plan in July 2011, before the Neighbourhood Planning (General)Regulations 2012 (the Regulations) came into force. The impetus for the NDP was the sale of the MOD site, a former airfield and associated buildings which are immediately adjacent to the village of Trevisker. A Development Brief for the site had been prepared by the Defence Infrastructure Organisation (DIO) in conjunction with St Eval Parish Council and the local residents’ association, the St Eval Area Community Action Forum (SEACAF CIC.) This development brief was adopted by Cornwall Council in December 2011 as a guide to the future development of the site. The NDP has taken the MOD Development Brief as its basis and used the new neighbourhood planning powers to give the brief full policy weight. The NDP has been through the statutory stages of area designation and pre-submission draft consultation. The area designation application was correctly made by the Parish Council, publicised by Cornwall Council and designated by Portfolio Holder decision on 2 September 2013. Several stages of consultation and public engagement have been carried out during the NDP preparation (as detailed in the Consultation Cornwall Council Statement) and the statutory 6 week pre-submission consultation was carried out from 10 February 2013 – 24 March 2014. It was publicised and the relevant consultation bodies were contacted in accordance with Regulation 14 of the Regulations. The NDP Steering Group have detailed the comments received and their responses in the Consultation Statement submitted with the NDP documents. Cornwall Council Environment, Heritage and Planning Policy Advisory Committee (PAC) considered the NDP at their meeting on 17 June 2014 and recommended that the NDP should be supported and publicised. The six week publication consultation was held from 16 July – 27 August 2014. Eight comments were received and were forwarded to the Examiner for consideration with the NDP and the supporting documents. Cornwall Council, with the agreement of St Eval Parish Council, appointed Mr Graham Self as Examiner, at the beginning of September 2014. Mr Self carried out the examination by written representations and supplied his report on 30 th September 2014. The report is very detailed and is provided at Appendix 1. The Examiner makes recommendations and suggestions relating to the policies in the plan, to parts of the supporting text and to one of the maps. He states that although he has made a number of recommendations and suggestions, many of them cover detailed points aimed at helping the NDP to comply with national guidance about the need for clarity, precision and absence of ambiguity in planning policies. Some other recommendations result from his consideration of objections to the plan. But he concludes: ‘the general thrust of the plan remains, and all those in the Parish Council and others who have worked on preparing the plan are to be commended on steering it through what has probably seemed a convoluted process, especially as much of this work has been carried out by people giving their time as volunteers.’ (Appendix 1, St Eval NDP, Report by Examiner Graham Self.) His overall recommendation is that the Neighbourhood Plan, as amended following the recommendations, be submitted to a referendum. 3. Outcomes/outputs The next stage of the Regulations requires the Council to • Decide what action to take in response to the recommendations of the examiner • Publish the decision and their reasons for it • Publish the Examiner’s report This report is the Council’s decision on how to incorporate the Examiner’s recommendations. The power to decide whether the Examiner’s Cornwall Council amendments are incorporated or not, lies with the Local Planning Authority. However the Examiner’s report has been discussed in detail with the NDP steering group and the decision has been reached jointly, with their full agreement. The Examiner has made a number of recommendations, either to ensure that policies are in generally conformity with national and local strategic policy framework, or to ensure that policies comply with national guidance on clarity and precision, so that they can be interpreted and applied with confidence. The Examiner has taken into account any comments or objections submitted during consultation. Additionally he has provided a list of suggested corrections, which are not mandatory but would improve the language of the plan. The following table gives details of the recommended changes and reasons and the action taken by the Council to amend the plan proposal. Table 1: Modifications in line with Examiners Recommendations Examiner Recommendation – General Matters Recommendation The text on page 7 of the plan (indicating that the village boundary follows clear defined physical features) should include a brief comment explaining why part of the village boundary is an exception. Reason To improve and strengthen the Neighbourhood Development Plan. Action Taken Text on page 7 amended to state “The village boundary followed a combination of clear defined physical features and current land availability which solely relates to land included within the parish boundary of St Eval.” Examiner Recommendation – Policy SENDP1 Recommendation Policy SENDP1 be amended so that it reads: 1 Proposals which support the re-use of the former American buildings will be encouraged and permitted where an applicant for planning permission can show that the proposal: (a) would create local employment opportunities or community facilities; and (b) would maintain or enhance the function of the American buildings in providing local shopping and other services. Reason To improve and strengthen the Neighbourhood Development Plan. Action Taken Policy SENDP1 amended to reflect the recommendation made. Cornwall Council “1. Proposals which support the re -use of the former American buildings will be encouraged and permitted where an applicant for planning permission can show that the proposal: (a) would create local employment opportunities or community facilities; and (b) would maintain or enhance the function of the American buildings in providing local shopping and other services”. Recommendation Sentence added to the supporting t ext stating that 2 these buildings are those shown in pale brown on Figure 3 (this could be conveniently done by adding to the text under the heading "Intention"). Reason To improve clarity of the Neighbourhood Development Plan Action Taken Sentence added to the intention “ These buildings are those shown in pale brown on Figure 3”. Examiner Recommendation – Policy SENDP2 Recommendation Policy SENDP2 be amended so that it reads: 1 Housing development will be permitted within the village boundary of St Eval where the development would meet the following criteria: (a) Proposals must provide quality design and layout which suits St Eval and demonstrate that the existing context, local constraints and land covenants have been considered, and that the development would make a positive contribution to social, economic and environmental sustainability. (b) [As per sub-paragraph (c) in the draft plan]. (c) Development must provide community benefits in the form of affordable housing and contributions for local facilities, services or infrastructure requirements. (d) [As per sub-paragraph (e) in the draft plan]. (e) [As per
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