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Neighbourhood Plan Executive Report

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Neighbourhood Plan Executive Report MIDDLESBROUGH COUNCIL Report of: Executive Director for Growth and Place, Kevin Parkes Executive Member for Economic Development and Infrastructure: Cllr Lewis Young Submitted to: Executive 7th January 2019 Subject: Marton-in-Cleveland Neighbourhood Plan Area and Forum Summary Proposed decision(s) That the Executive: i. refuses the request to designate the Neighbourhood Area and Forum applications, as submitted; ii. uses its powers of designation, under Section 61(G)(5) and (6) of the Town and Country Planning Act 1990, to designate the proposed area as part of the Marton West Neighbourhood Area; and iii. recommends that an early review is undertaken by the Marton West Neighbourhood Forum (incorporating residents from the proposed areas) to the Marton West Neighbourhood Plan, in order to take account of the modified Marton West Neighbourhood Area. Report for: Key Confidential: Is the report urgent?1 decision: Decision No Not Confidential No Contribution to delivery of the 2018-22 Strategic Plan Business Imperatives Physical Regeneration Social Regeneration Neighbourhood Plans are Neighbourhood Plans are Neighbourhood Planning required to be compatible required to plan positively ensures close working with with a Council’s own strategic and not promote less local communities to support policies in the promotion or development than set out in them in preparing their improvement of the social, a Council’s development Neighbourhood Plans, in economic and environmental plan or undermine its order that they are aligned well-being of the area. strategic policies. with the strategic needs and priorities of the wider area. 1 Remove for non-Executive reports 1 Ward(s) affected Marton West Ward Members have been consulted. What is the purpose of this report? 1. The purpose of this report is to seek a determination on two applications submitted by residents at De Brus Park (i) for Neighbourhood Area status and (ii) to set-up the Marton-in-Cleveland Neighbourhood Forum, in order to prepare a Neighbourhood Plan. Why does this report require a Member decision? 2. The decision will affect both a proposed Neighbourhood Area and Forum, and an existing Neighbourhood Area and Forum. It will ultimately affect how the statutory development plan for the borough is prepared. Report Background 3. Under the Town and Country Planning Act 1990 (as amended by the Localism Act 2011), applications can be made to local planning authorities to designate Neighbourhood Areas, and Neighbourhood Forums, to in order to facilitate the preparation of Neighbourhood Plans. 4. The designation of a Neighbourhood Area enables the relevant body to establish a vision and general planning policies for the development, and use of land in their designated neighbourhood. This takes the form of a Neighbourhood Plan, which the relevant body prepares. Neighbourhood Plans form part of the Statutory Development Plan for the area. 5. When deciding on a Neighbourhood Area boundary the Government has provided guidance on what to take into account: village or settlement boundaries, which could reflect areas of planned expansion; a catchment area for walking to local services such as shops, primary schools, doctors’ surgery, parks or other facilities; an area where formal or informal networks of community based groups operate; the physical appearance or characteristics of the neighbourhood, for example buildings may be of a consistent scale or style; whether the area forms all or part of a coherent estate either for businesses or residents; whether the area is wholly or predominantly a business area; whether infrastructure or physical features define a natural boundary, for example a major road or railway line or waterway; the natural setting or features in an area; and the size of the population (living and working) in the area. 2 6. A Neighbourhood Area boundary can also be based on an administrative boundary such as an electoral Ward or postal district. 7. The proposed Neighbourhood Area (see Appendix 1) was, until recently, part of the Coulby Newham Ward, and now lies within the Marton West Ward. There is an existing Neighbourhood Plan for Marton West, adopted in 2016, but this does not cover the proposed area due to it not being within the ward at the time of its preparation. There are approximately 20 dwellings within the proposed area. Consideration of applications 8. Having received valid applications to designate the proposed area as a Neighbourhood Area and a Neighbourhood Forum, the Council has subsequently undertake public consultation between 16th October and 27th November 2018 in accordance with the Neighbourhood Planning (General) Regulations 2012. 9. In accordance with the Council’s Statement of Community Involvement the following methods of engagement were utilised: i. the documentation was made available for inspection at the Civic Centre reception area; ii. the details of the applications were placed on the Council’s website and consultation portal, along with how representations can be made; and, iii. public notices were placed in and around the proposed Neighbourhood Area boundary, detailing how representations can be made. 10. Additionally, officers were made available if respondents required further information about the consultation process and/or procedural issues. Responses received 11. At the end of the six-week consultation period the Council had received 24 individual responses; 16 of those responses were in support of the application, one respondent did not indicate whether they supported the applications or not, and two respondents did not support the applications. One respondent did state that “further development at De Brus Park may undermine the exclusivity of the estate and add additional traffic to a quiet small development”. 12. The remaining five responses were from main consultees, (National Grid, Natural England, Historic England, Sport England and North Yorkshire County Council) which did not raise any significant concerns. Historic England did, however, comment that “it is unusual to have a neighbourhood area which is so small”. Sport England, although not commenting directly on the applications, did suggest that a future Neighbourhood Plan could provide opportunities for people to lead healthy lifestyles. Determination of applications - options 13. The Council under the above Regulations has essentially three options it can take when determining Neighbourhood Area and Forum applications. These are: i. approve the applications, as submitted, without any modifications; ii. refuse the applications and designate the proposed area as part of the Marton West Neighbourhood Area. The Marton West Neighbourhood 3 Forum would assume responsibility for preparing a neighbourhood plan covering the proposed area; and iii. refuse the applications and designate the proposed area as part of another, appropriate neighbourhood plan area. 14. In determining the applications, the Council must set out its reasons for making its decision. What decision(s) are being asked for? 15. That the Executive: i. refuses the request to designate the Neighbourhood Area and Forum applications, as submitted; ii. uses its powers of designation, under Section 61(G)(5) and (6) of the Town and Country Planning Act 1990, to designate the proposed area as part of the Marton West Neighbourhood Area; and iii. recommends that an early review is undertaken, by the Marton West Neighbourhood Forum, of the Marton West Neighbourhood Plan, in order to take account of the modified Marton West Neighbourhood Area. Why is this being recommended? 16. The rationale for the above recommendations are that: i. the proposed Neighbourhood Area would not meet the guidelines on what constitutes a Neighbourhood Area; ii. the proposed Neighbourhood boundary is largely defined by the Marton West Ward boundary and, as such, it is more appropriate to extend the existing designated Marton West Neighbourhood boundary to cover the proposed Neighbourhood Area; iii. the Forum membership would not reflect the character and diversity of the local population, by drawing people from different places in the area and different sections of the community; and iv. in the applicants’ supporting statement it is not made clear how their Neighbourhood Plan will be prepared and aligned with the strategic needs and priorities of the wider area, and be in general conformity with the National Planning Policy Framework (NPPF) and those strategic policies of the Council’s own Development Plan. 17. Public consultation has been undertaken (see above paragraphs 7-9) as part of the Neighbourhood Planning procedure. It is, however, for the Council (as local planning authority) to determine whether the applications meet the guidelines on what constitutes a Neighbourhood Area or Forum. Other potential decisions and why these have not been recommended 18. Option 1 – To approve the applications for the designating the proposed Neighbourhood Area and Forum. This has not been recommended as the proposed Neighbourhood Area would not meet the guidelines on what constitutes a Neighbourhood Area. 19. Option 2 – To refuse the applications and designate the proposed neighbourhood area as part of an alternative area. This has not been recommended as it is 4 considered that there is currently no alternative area that is more appropriate that the Marton West Neighbourhood Area, particularly given the proposed area lies within Marton West Ward. Impact(s) of recommended decision(s) Legal 20. The designation and establishment of Neighbourhood
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