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CREECH ST MICHAEL NEIGHBOURHOOD DEVELOPMENT PLAN 2018-2038 Submission Draft

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CREECH ST MICHAEL NEIGHBOURHOOD DEVELOPMENT PLAN 2018-2038 Submission Draft CREECH ST MICHAEL NEIGHBOURHOOD DEVELOPMENT PLAN 2018-2038 Submission Draft Basic Conditions Statement April 2018 Contents 1.0 Introduction ..................................................................................................................................... 1 1.1 BACKGROUND AND CONTEXT ........................................................................................................................................................ 1 1.2 PURPOSE OF THIS STATEMENT ....................................................................................................................................................... 1 1.3 STRUCTURE OF THIS STATEMENT .................................................................................................................................................... 2 2.0 Compliance with the Basic Conditions ............................................................................................. 3 2.1 WHAT ARE THE BASIC CONDITIONS? ............................................................................................................................................... 3 2.2 REGARD TO NATIONAL POLICIES AND ADVICE .................................................................................................................................... 3 2.3 REGARD TO THE DESIRABILITY OF PRESERVING HISTORIC ASSETS ............................................................................................................ 4 2.4 CONTRIBUTES TO SUSTAINABLE DEVELOPMENT ................................................................................................................................. 4 2.5 GENERAL CONFORMITY WITH THE STRATEGIC POLICIES CONTAINED IN THE TDBC DEVELOPMENT PLAN........................................................ 6 2.6 COMPATIBILITY WITH EU OBLIGATIONS ........................................................................................................................................... 6 2.7 PRESCRIBED CONDITIONS AND MATTERS .......................................................................................................................................... 6 3.0 Environmental Report ...................................................................................................................... 8 3.1 ENVIRONMENTAL REQUIREMENTS .................................................................................................................................................. 8 3.2 STRATEGIC ENVIRONMENTAL ASSESSMENT ...................................................................................................................................... 8 3.3 HABITAT REGULATIONS ASSESSMENT .............................................................................................................................................. 8 4.0 Summary and conclusions ............................................................................................................... 9 4.1 SUMMARY ................................................................................................................................................................................. 9 4.2 CONCLUSIONS ............................................................................................................................................................................ 9 Appendices Appendix A: SEA Screening Report Appendix B: Statutory consultee responses to SEA Screening Report Appendix C: Habitat Regulations Assessment 1.0 Introduction 1.1 Background and Context 1.1.1 WYG has prepared the Creech St Michael submission draft Neighbourhood Development Plan (NDP) on behalf of Creech St Michael Parish Council which is the qualifying body as defined under the Localism Act, Section 61F of the Town and Country Planning Act 1990 (as amended) for the purpose of producing a NDP. 1.1.2 The NDP process has been led by the Neighbourhood Plan Panel which is made up of Parish Councillors, Parishoners appointed by Creech St Michael Parish Council and the Parish Clerk. WYG and Taunton Deane Borough Council (TDBC) have also provided an advisory role to the Panel and the Parish Council throughout the process. 1.1.3 The submission draft NDP includes a profile of the NDP area. Consultation activities are explained within the Consultation Statement. Together, the area profile and consultation feedback has informed the vision for the area that is contained in the submission draft NDP. Eleven draft policies are also included within the submission draft NDP relating to the following planning matters, which deliver the vision: • Traffic and transport • Housing • Design • Business and employment • Community • Facilities and services 1.2 Purpose of this Statement 1.2.1 This Statement forms part of a suite of documents prepared in connection with the submission draft of the NDP by the qualifying body to the local planning authority TDBC under Regulation 15(1) of the Neighbourhood Planning (General) Regulations 2012 (as amended) (hereinafter referred to as the “Regulations”). The following requirements of the Regulation 15(1) are addressed specifically within this Statement: d) A statement explaining how the proposed neighbourhood development plan meets the requirements of paragraph 8 of Schedule 4B to the 1990 Act; and 1 e) (i) An environmental report prepared in accordance with paragraphs (2) and (3) of Regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004; or (ii) Where it has been determined under Regulation 9(1) of those Regulations that the plan proposal is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a statement of reasons for the determination. 1.2.2 The submission draft NDP itself, the Consultation Statement and a statement including a map of the designated NDP area have been provided separately from this Statement, in accordance with Regulation 15(1A)-(1C). 1.3 Structure of this Statement 1.3.1 This Statement includes the following: • Section 2.0: Compliance with the Basic Conditions as required under R.15(1D) of the Regulations • Section 3.0: Environmental Report as required under R.15(1E) of the Regulations • Section 4.0: Summary and Conclusions 2 2.0 Compliance with the Basic Conditions 2.1 What are the basic conditions? 2.1.1 The basic conditions required to be met under R.15(1D) of the Regulations are set out within paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990 (as amended). Paragraph 8(2) is reproduced at Figure 1 below for ease of reference: 2 A draft order meets the basic conditions if— (a)having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order, (b) having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order, (c) having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order, (d) the making of the order contributes to the achievement of sustainable development, (e) the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area), (f) the making of the order does not breach, and is otherwise compatible with, EU obligations, and (g)prescribed conditions are met in relation to the order and prescribed matters have been complied with in connection with the proposal for the order. Figure 1: Basic Conditions contained in the 1990 Act 2.1.2 Compliance with each of the basic conditions is explained in full below: 2.2 Regard to national policies and advice 2.2.1 The submission draft NDP has been prepared with full regard being paid to national planning policies contained in the National Planning Policy Framework (NPPF) and this has been referred to within the “Justification and conformity with Core Strategy and NPPF” section that accompanies each draft policy. Reference has also been made to national advice where relevant within the same section. 3 2.2.2 In March 2018, the Ministry of Housing, Communities and Local Government (MHCLG) published the NPPF: Draft text for consultation. The consultation runs until June 2018 and therefore at this stage little weight can be applied to the policies and guidance contained therein. Nonetheless, regard has been had to the consultation document in the drafting of the submission draft NDP and it is considered that its policies are in conformity with this consultation document. 2.3 Regard to the desirability of preserving historic assets 2.3.1 R.15(1B) and R.15(1C) apply to Local Development Orders only and not the making of NDPs and are therefore not considered further within this Statement. 2.4 Contributes to sustainable development 2.4.1 The different roles of the planning system in contributing to achieving sustainable development are set out within paragraph 7 of the NPPF. An explanation of how each policy within the submission draft NDP seeks to contribute to the achievement of sustainable development through these identified roles is provided in Table 1 below: Submission draft NDP Policy: Role in contributing to sustainable development: CSM1: Cycle and footpath network Mitigation and adaptation to climate change including moving to a low carbon economy will be achieved through the policy by enhancing
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