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 (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 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 ) 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 Areas and Forums form part of the statutory process under Town and Country Planning Act 1990 (as amended by the Localism Act 2011) and the Neighbourhood Planning (General) Regulations 2012. Consultation procedures, as set down by the Regulations, have been followed. In accordance with the Regulations, officers have assessed that the requisite information from the applicants has been correctly submitted.

Financial

21. The costs associated with the consideration of the applications to designate the proposed Neighbourhood Area and Forum are being met through established service budgets.

22. For modifications to an existing Neighbourhood Plans the MHCLG provides the following varying Neighbourhood Planning grants:

i. Minor (non-material) modifications (no new examination or referendum required): Not eligible to claim for neighbourhood planning grant. ii. More substantive modifications (requiring an examination but no new referendum because the nature of the plan has not changed): LAs will be eligible to claim £10,000 after the revised plan comes into force following examination. iii. More substantive modifications (requiring an examination and new referendum because the nature of the plan has changed) will be eligible for a claim of £20,000 by Las, after a successful examination with the setting of a new referendum date by the LA.

23. Whilst there is a statutory duty for the Council to assist the preparation of Neighbourhood Plans, significant Council resources would be required to provide this support.

Policy Framework

24. Decisions concerning the designation of Neighbourhood Areas and Forums do not alter the Council’s Policy Framework. They facilitate the preparation of Neighbourhood Plans, which form part of the Statutory Development Plan and must accord with the Council’s Local Plan.

Equality and Diversity

25. The report has been subject to an initial Impact Assessment (IA), which accompanies this report (see Appendix 2). This identifies that a full IA is not necessary.

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Risk

26. Under the Neighbourhood Planning (General) Regulations 2012, failure to determine the submitted Neighbourhood Area and Forum applications within 13 weeks from when the Council first publicised them, (following the initial assessment process) which was on the 16th October 2018, would result in the applications, coming into force as submitted. The applications should be determined by the 15th January 2019.

Actions to be taken to implement the decision(s)

27. It is a requirement under the regulations to publish on the Council’s website a document setting out the decision and a statement of the reasons for making that decision, along with details of where and when the decision document may be inspected.

28. It will be necessary to inform the applicants that their application has been refused, and that the proposed area will be incorporated into the Marton West Neighbourhood Area. It will also be necessary to inform the Marton West Neighbourhood Forum of this fact and to recommend that an early review of the Marton West Neighbourhood Plan be undertaken that incorporates this proposed Neighbourhood Plan Area.

Appendices

Appendix 1 – Proposed Marton-in-Cleveland Neighbourhood Area Appendix 2 – Initial Impact Assessment Appendix 3 – Consultation Statement Appendix 4 – Decision Document

Background papers

No background papers were used in the preparation of this report.

Contact: Charlton Gibben, Senior Planning Officer Email: [email protected]

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