Broadwas and Cotheridge Neighbourhood Development Plan 2019 Basic Conditions Statement version 1.2 7th January 2019 Contents 1 Introduction 2 Compliance with Legal Requirements 3 Contributing to the Achievement of Sustainable Planning 4 Compliance with the principles of the National Planning Policy Framework directly relevant to Neighbourhood Planning and Conformity with the Local Plan. 5 European Union requirements 6 Conclusion Page 1 of 21 1. Introduction 1.1 Broadwas and Cotheridge Parish Council serves two adjacent parishes in Malvern Hills District Council (MHDC), Worcestershire. In May 2016 the Parish Council applied to MHDC for designation as a Neighbourhood Planning Body in accordance with The Neighbourhood Planning (General) Regulations 2012, regulation 5. The designation was agreed in June 2016 for the area shown in the map below. Work has proceeded on the Proposed Neighbourhood Development Plan (NDP) as further explained below and this Basic Conditions Statement has been prepared to accompany the submission of the Plan for examination in accordance with Regulation 15 (d). 1.2 Paragraph 8 of Schedule 4B to the Town and Country Planning Act 1990 requires that NDPs must meet the following conditions: i. The draft NDP must have appropriate regard to the national policies and advice contained in the National Planning Policy Framework (the “Framework”) the most recent version of which was published in July 2018 and came into effect for all development plans submitted after 24th January 2019. ii. The draft NDP must contribute to the achievement of Sustainable Development (as defined in the Framework) iii. The draft NDP must be in general conformity with the strategic policies contained in the development plan for the area, in this case the South Worcestershire Development Plan (SWDP), and iv. The draft NDP must meet the relevant EU obligations. 1.3 The Statement that follows sets out the various aspects of these conditions and explains how the NDP meets the necessary tests. Page 2 of 21 Broadwas and Cotheridge Neighbourhood Area NORTH Broadwas Cotheridge Broadwas and Cotheridge Parish Boundaries and Neighbourhood Area © Crown copyright and database rights (2017) Ordnance Survey (0100018590) Scale 1:35000@A4 Map Reference: SO 78236 55298 Page 3 of 21 2. Compliance with legal requirements 2.1 Broadwas and Cotheridge Parish Council is the recognised qualifying body to prepare and submit the Neighbourhood Development Plan (NDP) for the combined area of the two parishes of Broadwas and Cotheridge. 2.2 This NDP: i. is a Neighbourhood Development Plan within the meaning of the Localism Act 2011 ii. relates to one NDP Area only and there are no other NDPs in place which overlap within the NDP Area iii. is to have effect for the period from 2019 to 2030 i.e. the period from when the NDP is made to the currently planned end date of the South Worcestershire Development Plan 2016. iv. includes no policies that relate to “excluded development” such as Nationally Significant Infrastructure Policies and “County” matters such as those relating directly to Minerals and Waste (which will be the subject of separate Development Plan Documents to be prepared by Worcestershire Council). 2.3 The Broadwas and Cotheridge Neighbourhood Development Plan thereby meets the basic legal requirements for submission as a Proposed Neighbourhood Development Plan at this (Regulation 16) stage. 2.4 The Local Plan (Core Strategy) for the Malvern Hills District is a joint one which has been prepared with Worcester City Council and Wychavon District Council and is the South Worcestershire Development Plan (the SWDP) adopted in 2016 with a target end date of 2030. In due course other Development Plan Documents will be added in accordance with the Local Development Scheme which was re-published in November 2017 and included provision for: • SWDP, partial review due to commence in 2019 • Travellers and Travelling Showpeople Site Allocations and two other significant documents: • Community Infrastructure Charging Schedule • Statement of Community Involvement Note that the Community Infrastructure Charging Schedule was adopted in June 2017 2.5 The overall local plan for the area including this NDP will comprise of the NDP itself plus the Development Plan Documents mentioned above although that list may change from time to time as the Local Development Scheme is revised, typically on an annual basis. 2.6 There are also a number of Supplementary Planning Documents prepared by the South Worcestershire Districts and intended to apply throughout the area covered by the SWDP. In preparation of the NDP regard has been paid to these as complementing the role of the NDP although they fall outside the strict legal test of compliance which this NDP must meet. They are (in date order): • Developer Contributions – adopted October 2016 • Affordable Housing – adopted October 2016 • Planning for Health – adopted September 2017 • Design Guide – adopted March 2018 • Renewable and Low Carbon Energy – adopted July 2018 • Water Management and Flooding – adopted July 2018 Page 4 of 21 3. Contributing to the achievement of Sustainable Development as expressed in the National Planning Policy Framework (the “Framework”). 3.1 The Framework was initially published in 2012 and substantially revised in 2018. The 2018 version included paragraph 214 which stated that: The policies in the previous Framework will apply for the purpose of examining plans, where those plans are submitted on or before 24 January 2019. Where such plans are withdrawn or otherwise do not proceed to become part of the development plan, the policies contained in this Framework will apply to any subsequent plan produced for the area concerned. Consequently this Basic Condition Statement refers throughout to the 2012 Framework as submission is intended before 24th January 2019. 3.2 The Framework sets out the national planning policy of the Government for England and sets the context for all other planning policy documents and for the determination of planning applications for development. 3.3 The Framework explicitly sets out what is meant by “Sustainable Development” in the English planning context and how it is intended to be achieved taking into account the three principal objectives: economic, social and environmental. The Framework goes on to set out 12 “Core Planning Principles” (Framework paragraph 17) against which the Broadwas and Cotheridge NDP is assessed in the table below. Paragraph 11 of the Framework also explains how the presumption in favour of sustainable development should be applied to development plans. The twelve core planning principles of the Framework Framework principle Evidence of Compliance in the Relevant policy (taken from Framework Broadwas and Cotheridge NDP paragraph 17) 1 [plans should] be genuinely There has been substantial Whole plan, plan-led, empowering local community involvement through especially the people to shape their the preparation of the NDP, details Vision and surroundings, with succinct of which are set out in the Objectives local and neighbourhood Consultation Statement. In plans setting out a positive summary: vision for the future of the The initial consultation with the area. Plans should be kept local community started in May to up-to-date, and be based July 2017 with a combination of on joint working and co- Open Days, questionnaires and operation to address larger public meetings. From these than local issues. They sessions a Vision and Objectives should provide a practical were devised and a Steering framework within which Group set up to develop a Draft decisions on planning Plan. applications can be made with a high degree of The Draft Plan was approved by predictability and efficiency; the Parish Council in April 2018 for consultation purposes and the Regulation 14 consultation took place from 17th September to 29th October 2018. The analysis of responses then further informed the Proposed Plan which is now to be submitted. Page 5 of 21 The NDP will be reviewed by the Parish Council on a regular basis, as set out in the Monitoring and Implementation section of the Plan, and this will need to be done to take account of any significant changes in the anticipated review of the SWDP. 2 [plans should] not simply be The NDP has responded directly These principles about scrutiny, but instead to the views of the local community have informed be a creative exercise in by identifying those issues, all 10 policies in finding ways to enhance especially with regard to Farm the NDP and improve the places in Diversification, that have caused which people live their concern and which the NDP lives; addresses by interpreting the SWDP policies into the local context. Additionally key (but limited) Local Green Spaces and Key Views have been identified which are regarded as essential to the distinctive character of the two parishes. The re-assessment of the Development Boundary has been undertaken to ensure compliance with the SWDP and has found the support of the local community. 3 [plans should] proactively The NDP approaches the issue of Economic drive and support economic development by Development: sustainable economic interpreting the SWDP policies into P7 development to deliver the the local context to allow for job homes, business and creation through home working, industrial units, farm diversification and expansion infrastructure and thriving of existing employment sites, local places that the whilst retaining the rural character country needs. Every effort of the area. should be made objectively to identify and then meet Improved Broadband is also an P10 the housing, business and important factor in enabling other development needs existing and new businesses to of an area, and respond thrive in the NDP area. positively to wider opportunities for growth. The Development Boundary Residential: Plans should take account policy, taken directly from the P1, P2 of market signals, such as SWDP after being reviewed, land prices and housing allows for appropriate infill affordability, and set out a development within Broadwas.