Delegation Scheme No. Table 4a – A1

HIGH PEAK BOROUGH COUNCIL

Date: 9 September 2019

TITLE: Hayfield Parish Council: Application for designation as a Neighbourhood Area

PORTFOLIO HOLDER: Cllr Anthony McKeown – Leader

CONTACT OFFICER: Sarah Porru - Regeneration Manager

WARDS INVOLVED Hayfield

Appendices Attached:

Appendix A: Summary of responses received to the consultation.

Appendix B: Application from Hayfield Parish Council for designation of the parish as a Neighbourhood Area.

1. Reason for the Report

1.1 To consider an application from Hayfield Parish Council to designate the High Peak local planning authority part of Hayfield parish as a Neighbourhood Area for the purpose of preparing a Neighbourhood Plan.

2. Recommendation

2.1 To approve the designation of the High Peak plan area part of the parish of Hayfield as a Neighbourhood Area.

3. Executive Summary

3.1 Hayfield Parish Council has applied to the Borough Council and to the National Park Authority for designation of the whole of their parish as a Neighbourhood Area for the purpose of preparing a Neighbourhood Plan for Hayfield.

3.2 A resolution made at the meeting of the Executive on 30th March 2017 gives delegated authority to the Executive Member whose responsibilities include planning policy, to act in accordance with the protocol for decision making by an individual executive member, and in consultation with ward members who represent the applicant neighbourhood area, to designate a neighbourhood area in specified circumstances.

3.3 These circumstances are where the Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 apply. The Regulations provide that when a Parish Council is applying for the whole of the parish to be designated, a Local Planning Authority should designate the specified area as a Neighbourhood Area, if an application is considered to be valid and complete.

3.4 The application received from Hayfield Parish Council is for the whole of the Parish and is considered to be valid and complete. This issue is considered further in section 7 of this report.

3.4 A four week period of public consultation has been held to publicise the application. Eighteen responses have been received, with no objections to the application.

3.5 Because the application has been made jointly to the Peak District National Park Authority and to the Borough Council, the authority has twenty weeks from first publicising the application to reach a decision. The application must be determined by Thursday 3rd October 2019.

4. How this Report Links with Corporate Priorities

4.1 Given the broad nature of Neighbourhood Planning, there will be direct implications for all of the Council’s corporate priorities.

5. Options and Analysis

5.1 It is considered that the Council has only one option – to approve the application.

5.2 The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 came into force on October 1st 2016. Under the Regulations, in instances including when a Parish Council is applying for the whole of the parish to be designated, the Local Planning Authority must exercise its powers under section 61G of the Town and Country Planning Act 1990 to designate the specified area as a Neighbourhood Area. The Council is required to approve such an application once that application is considered to be valid and complete.

5.3 The Localism Act sets out a number of issues that an authority must have regard to in considering whether an application is valid and complete. These issues are considered in section 7 of this report. The application from Hayfield Parish Council is considered to be valid and complete. 6. Implications

6.1 Community Safety - (Crime and Disorder Act 1998)

None

6.2 Workforce

A Parish or Town Council will receive support from members of the Regeneration Service planning policy team in the preparation of their Neighbourhood Plan to help ensure that the plan will meet the Basic Conditions and be successful at Examination.

6.3 Equality and Diversity/Equality Impact Assessment

This report has been prepared in accordance with the Council's Diversity and Equality Policies.

6.4 Financial Considerations

The main financial considerations will result from:  Cost of examination (estimated £8,000).  Cost of referendum (estimated £10,000).

The Council is eligible for Neighbourhood Planning New Burdens funding – paid by DCLG for supporting progression of Neighbourhood Plans. 2019/20 claims criteria allow the Council to claim £5,000 for the first five neighbourhood areas designated. The limit of five areas applies to the total number of areas designated (i.e. it includes areas designated in previous years). Since the Council has previously designated three areas (Chapel-en- le-Frith; , and Brownside; and ) the Council will be eligible to claim a grant of £5,000 for designation of Hayfield parish. The claims criteria also allow grant payment of £20,000 to be claimed once a date is set for a referendum, following a successful examination.

6.5 Legal

Under the Town and Country Planning Act 1990 (as amended), the Council has a statutory duty to assist communities in the preparation of Neighbourhood Development Plans. Applications for designation of a Neighbourhood Area are made under Neighbourhood Planning (General) Regulations 2012 and The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016. Neighbourhood Areas are defined under the Town and Country Planning Act 1990 61G. The relevant considerations for the Council include: Before exercising it powers, the Council should consider:

1. Is the organisation making the application a relevant body (as prescribed by the Act this must be a Parish Council or, in unparished areas, a designated Neighbourhood Forum)? 2. Is the area identified for designation as a neighbourhood area considered appropriate (where the applicant is a Parish Council, the area identified could include the whole or any part of the Parish)? 3. Would the area more appropriately be designated a business area i.e. the area is wholly or predominately in business use? 4. Does the area overlap with another designated area? 5. Comments received during any public consultation.

If a valid application to designate the whole of a Parish is received, there is limited discretion available in relation to determining the application.

6.6 Sustainability

The Local Plan is subject to Sustainability Appraisal. Neighbourhood Plans must contribute to the achievement of sustainable development.

6.7 Internal and External Consultation

This report has been subject to consultation with relevant ward members. No comments were received. The emerging Neighbourhood Development Plan will be subject to public consultation.

6.8 Risk Assessment

Risks are identified in the report.

Dai Larner Executive Director (Place)

Web Links and Location Contact details Background Papers

Localism Act 2011 Hayfield Sarah Porru

The Neighbourhood Planning [email protected] (General) Regulations 2012 (as amended)

The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016

7. Background and Detail

7.1 Neighbourhood Planning is a tool introduced by the Localism Act 2011 that communities can use to help shape the future of their area. 7.2 Preparation of a Neighbourhood Development Plan can be used to set out a vision for the future of an area, with associated planning policies for the use and development of land. Neighbourhood Development Plans can say where new homes, shops or offices should go; which green spaces should be protected, and what new development should look like.

7.3 Neighbourhood Development Plans are optional and communities can choose whether or not to prepare one.

7.4 In areas with a Parish or Town Council, the Parish or Town Council is responsible for preparing the Neighbourhood Development Plan. The area covered by the Plan may be the whole parish boundary, or just part of it. The area covered by the Plan is known as the Neighbourhood Area.

7.5 Additional regulations for neighbourhood planning came into force on 1st October 2016. Under these regulations, local planning authorities must exercise their powers of designation to designate the neighbourhood area applied for, when:  a parish or town council applies for all of the parish area to be designated; or  applies to enlarge an existing designation of part of the parish to include all of the parish; or  when a LPA has not decided on an area designation within the established timeframes (8 weeks for a Neighbourhood Area or 20 weeks where the application relates to more than one local planning authority area).

7.6 The exception to this is if any of the area has already been designated (other than where a parish want to enlarge an existing designated area), or if there is an outstanding application for designation).

Hayfield Neighbourhood Area Designation

7.7 An application for designation of a Neighbourhood Area was received from Hayfield Parish Council on 13th March 2019. The application was made jointly to the Peak District National Park Authority. The application is for designation of the whole of the Parish.

7.8 The Council is required to approve this application once the application is considered to be valid and complete.

7.9 In determining the validity of the application, the Council must have regard to the following issues:

(a) The desirability of designating the whole of the area of a parish council as a Neighbourhood Area.

The Parish Council in their application (Appendix B) confirms that it is appropriate to designate the whole parish area as a Neighbourhood Area. (b) The desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas, and ensuring areas do not overlap.

The Council designated Chapel-en-le-Frith Neighbourhood Area in April 2013; Whaley Bridge Neighbourhood Area in October 2013; and Chinley, Buxworth and Brownside Neighbourhood Area in July 2016. A map of all designated areas is carried on the Borough Council’s web-site. The current application does not overlap with the existing designations.

(c) Consideration of whether the area should be designated as a business area.

Designation of a business area would only apply if an area is wholly or predominantly business in nature. This is not the case for Hayfield parish.

7.10 In determining the completeness of the application, the Council must have regard to whether the application included:

(a) a map which identifies the area to which the area application relates.

A map is included with the application (at Appendix B).

(b) a statement explaining why this area is considered appropriate to be designated as a neighbourhood area.

The letter of application explains that the Parish Council is committed to ensuring its neighbourhood planning activity engages local residents in determining the future development of the Parish.

(c) a statement that the organisation or body making the area application is a relevant body for the purposes of section 61G of the 1990 Town and Country Planning Act.

The letter of application confirms that the Parish Council is a relevant body for making the application.

7.11 The application made by Hayfield Parish Council is thus considered to be valid and complete and to fall within the prescribed circumstances that require the Borough Council to approve the application.

7.12 Where a town or parish council has applied for a designation and the area to which the application relates is the whole of the area of the town / parish council, the authority must determine the application 20 weeks from the date immediately following that on which the application is first publicised where the application relates to more than one local planning authority area. In this case, the application must be determined by Thursday 3rd September 2019.

7.13 The Peak District National Park Authority planning committee is also considering the application at its meeting on Friday 12th July: https://democracy.peakdistrict.gov.uk/documents/g2122/Public%20reports%2 0pack%2012th-Jul- 2019%2010.00%20Planning%20Committee.pdf?T=10

Consultation

7.14 The Council publicised the application for a four week period of public consultation that ran from 16th May to 18th June 2019. Publicity included the following:

 Details of the application were carried on the Councils’ web-sites (High Peak and Peak District National Park), along with information explaining how representations could be made.  Documentation was made available for inspection at the Councils’ offices (Town Hall, ; Municipal Buildings, ; and Aldern House, ), as well as at Hayfield Library and Hayfield Parish Council office.  A letter or e-mail was sent to all those on the Council’s Local Plan consultation database, resident in, or known to have a development interest in, the Parish.  A poster detailing the application and how to respond was provided to Hayfield Parish Council for display on notice boards.  Media releases were issued, including social media posts.

7.15 At the end of the consultation period, the Council had received 18 responses, with no objections to the application. Eleven responses were received from local residents, one from a planning consultancy, one from MBC and the remaining five from Statutory Bodies namely: Natural , Highways England, Coal Authority, National Grid and the Environment Agency.

7.16 Responses are summarised in Appendix A. Appendix A

Ref Respondent Response 1 SSA Planning I have no comment to make on the application but request that my email address be added to the Hayfield Parish Council Neighbourhood Plan 'consultation list' so that I am included / notified of future consultations on the preparation of the Neighbourhood Plan particularly at Regulation 14 and 16 stage. 2 Stockport At this stage we do not have any comments to make on the Metropolitan designation of Hayfield Parish as a Neighbourhood Area. Borough However we do wish to highlight that the boundary of the Council area is close to the boundary of Mellor, Marple Bridge, Mill brow and Compstall (MMMC) neighbourhood area. I have forwarded your email to the chair of the MMMC Forum for information. 3 Environment We would highlight that the main river the River Kinder runs Agency through Hayfield and the designated neighbourhood plan area. Small narrow areas of flood zones 2 and 3 are found around the River Kinder and if the plan in the future plans to designate any site allocations within these flood zones then the sequential test will need to be undertaken to ensure development is directed to areas of lowest risk. We look forward to commenting on the next stages of the neighbourhood plan for Hayfield when consulted. 4 CR (1) Surely the plans for any would be building would be far better in , mainly because New Mills has far more facilities partly due to the stations to Manchester, Stockport, Buxton, Marple etc., also the bus service as well all on hand locally, I don't quite see how any plans for any increase in building in Hayfield would be of any benefit in the short or long term! 5 Natural Natural England does not wish to make comment on the England suitability of the proposed plan area or the proposed neighbourhood planning body. However we would like to take this opportunity to provide you with information sources the neighbourhood planning body may wish to use in developing the plan, and to highlight some of the potential environmental risks and opportunities that neighbourhood plans may present. We have set this out in the annex to this letter. Neighbourhood plans and orders present significant opportunities, but also potential risks, for the natural environment. Proposals should be in line with the National Planning Policy Framework. The key principles are set out in paragraphs 170-177. The neighbourhood planning body should also consider the natural environment policies in the area’s Local Plan. The neighbourhood plan or order should be consistent with these, and the neighbourhood planning body may decide that the emerging Neighbourhood Plan should provide more detail as to how some of these policies apply or are interpreted locally. The attached annex sets out sources of environmental information and some natural environment issues you may wish to consider as the neighbourhood plan or order is developed. 6 DJ It would be useful to know exactly what powers, and limitations, are given to a "relevant body" under the Neighbourhood Planning Regulations 2012, reg 5 and Section 61G of the Town and Country Planning Act 1990, and how such powers relate to borough, county and national planning powers. Is there a layman's explanation of these powers and relationships? Also, information provided in the press seems to imply that there is specific "development in the area" to be commented upon. However, the letter appears only to ask for a given area to be designated as a neighbourhood. Clarification on the point would be appreciated. 7 SL The plan area covers Hayfield and the surrounding settlements of Little Hayfield and which are within the overall parish and rely on services and education in Hayfield, therefore it is considered an appropriate boundary. The boundary should ensure is excluded as this not within the overall parish area and seeks services and education elsewhere. 8 CR (2) Surely any would be building up for consideration should be directed towards New Mills, mainly because there are more conveniences in New Mills, stations for a start with railway lines running parallel with the A6 from and to Buxton, Whaley Bridge, Stockport and Manchester trains for access for workers are important including Marple lines. Also the bus service is very convenient the A6 nearby handy again for access to Manchester, Stockport, Buxton, Marple etc. There is also a bus service to Manchester airport with regular runs even out of hours. There are more shops and banks and schools in New Mills even the doctors surgery practice! Surely New Mills would be a much better prospect as to regard with any future building in the local area. [Even modular building could be an option] for the New Mills area. There is land there that a CPO order was implemented 30 or 40 years ago and absolutely nothing has been done about it in Lower Leighton never used! It would make sense to make use of this land now, especially with the housing market situation the way it is and the government's plans for would be building for young couples and elderly people, likely smaller units. 9 LJ I welcome this first step in the process leading, hopefully, to development of a local Neighbourhood Plan. It offers prospect of a more locally-sensitive plan which respects the distinctive character and traditions of Hayfield village and its surrounding hamlets, in which 'green' standards and issues can be embedded. I hope any process which follows is inclusive of the many interests in the local area. 10 VR I totally agree that at this early stage the whole of the parish of Hayfield should be designated for future consideration of a Neighbourhood Plan area. 11 Highways We welcome the opportunity to provide comments on the England application for designation of Hayfield Parish as a Neighbourhood Area. Highways England has been appointed by the Secretary of State for Transport as strategic highway company under the provisions of the Infrastructure Act 2015 and is the highway authority, traffic authority and street authority for the Strategic Road Network (SRN). It is our role to maintain the safe and efficient operation of the SRN whilst acting as a delivery partner to national economic growth. In relation to this consultation Highways England’s principal interest is in safeguarding the operation of the A628 & M67 which route approximately 7km to the north of the proposed Neighbourhood Area. As the designation of Hayfield Parish as a Neighbourhood Area will not affect the operation of the SRN, we have no objections to the proposal. We have no further comments to provide and trust that this is useful in the progression of the application. 12 SW This is a meaningless exercise. All that is shown is the parish of Hayfield. Fact. Incontrovertible. 13 National Grid An assessment has been carried out with respect to National Grid’s electricity and gas transmission apparatus which includes high voltage electricity assets and high-pressure gas pipelines. National Grid has identified that it has no record of such apparatus within the Neighbourhood Plan area. The electricity distribution operator in High Peak Borough Council is Electricity North West. Information regarding the transmission and distribution network can be found at: www.energynetworks.org.uk Please remember to consult National Grid on any Neighbourhood Plan Documents or site-specific proposals that could affect our infrastructure. We would be grateful if you could add details provided to your consultation database. 14 Coal Authority As you will be aware the Neighbourhood Plan area lies within the current defined coalfield. However, as this consultation only relates to the proposed designation of the neighbourhood plan area, The Coal Authority has no specific comments to make at this stage. Whilst this is acknowledged this consultation only relates to the proposed area for a Neighbourhood Plan, it is the first opportunity to draw attention to the coal mining legacy present. According to the Coal Authority Development High Risk Area Plans, there are recorded risks from past coal mining activity in the form of mine entries, recorded and likely unrecorded coal workings at shallow depth and surface mining activity. If the Neighbourhood Plan proposes to allocate aby sites for future development in these areas, then consideration will need to be given to the risks this legacy may pose to surface stability. In addition, any allocations on areas on surface coal resource will need to consider the potential impacts of mineral sterilisation. In accordance with the Neighbourhood Planning (General) Regulations 2012 (as amended) please continue to consult The Coal Authority on planning matters using the specific email address of [email protected]. The Coal Authority wishes the Neighbourhood Plan team every success with the preparation of the Neighbourhood Plan. 15 CH I would like to support the development of Hayfield Neighbourhood plan. I would wish it to be linked to the Climate Emergency measures being developed at present by a sub group of Hayfield Parish Council. Contact for this group can be obtained through the Clerk. 16 DC Long overdue. Essential tool for local people to participate in their environment. 17 PM Great idea should be fully supported by all in the village allows us to develop clear climate change policies whilst looking at controlling the development of the village and its infrastructure. 18 GS I fully support this application as the people of Hayfield are very concerned that any developments within the Parish are sustainable and actively promote the reduction of our carbon footprint, promote social cohesion and combat isolation through the development of civic and community-led initiatives and support the well-being and health of all residents. To become a Neighbourhood Area would allow our village, through the Parish Council, to support these aims in a uniquely local way. Appendix B

Council Offices, Dungeon Brow, Market Street, Hayfield, High Peak, SK22 2EP Tel. 01663 744550. Email: [email protected] 13 March 2019 To: 1. High Peak Borough Council (Attn: Joanna Bagnall) Town Hall Buxton

2. Peak District National Park Authority (Attn: Adele Metcalfe) Aldern House Bakewell

Dear Joanne and Adele

DESIGNATION OF NEIGHBOURHOOD AREA

This letter is Hayfield Parish Council’s application for the entire Parish of Hayfield to be designated a Neighbourhood Area in accordance with the Neighbourhood Planning Regulations 2012, reg. 5. A map of the proposed designated area is attached.

Hayfield Parish Council is a relevant body for the purposes of Section 61G of the Town and Country Planning Act 1990, and is therefore qualified to undertake neighbourhood planning for the identified area. The Parish Council is committed to ensurng its neighbourhood planning activity engages local residents in determining the future development of the Parish.

The Parish Clerk will be the Council’s representative for the purposes of designation.

We look forward to receiving the result of our application as soon as is convenient. Thank you.

Yours sincerely

Peter Leppard, Parish Clerk 07860 624453