Agenda Item 7 Cabinet Member Councillor Margaret Cooksey Strategic Management Team Jack Straw Lead Officer Author Guy Davies Telephone 01306 879120 Email [email protected] Date 26 November 2019 Ward affected Leatherhead North Key Decision No Subject Designation of neighbourhood planning forum and neighbourhood area for Malden Rushett Recommendations 1. To designate Malden Rushett Community as the relevant qualifying body for the purposes of neighbourhood planning within the Malden Rushett neighbourhood area in so far as it relates to land within the administrative boundary of the District of Mole Valley. 2. To designate the Malden Rushett neighbourhood area as shown on the plan (annex 1) in so far as it relates to land within the administrative boundary of the District of Mole Valley. Executive Summary Malden Rushett Community has applied to be designated as a neighbourhood forum for the purpose of producing a neighbourhood development plan; and to designate a neighbourhood area (annex 1). The neighbourhood area which the forum wishes to designate lies mainly within the Royal Borough of Kingston upon Thames but includes a small parcel of land within Mole Valley of some 1.4 hectares, including two properties on the Leatherhead Road – Risinghill and D’Abernon House (annex 2). The applications were publicised by Mole Valley District Council for a period of six weeks between 23 September and 1 November 2019. No representations were received. Malden Rushett Community meets the requirements for a neighbourhood forum as set out in the Neighbourhood Planning (General) Regulations 2012 (as amended), and it is recommended that they be so designated. The Regulations allow a neighbourhood area to include land in more than one administrative area. In this case, the two properties in Mole Valley do relate better to the group of buildings on the opposite side of the road rather than North Leatherhead or Ashtead and it is therefore reasonable to include them in the proposed neighbourhood area. Corporate Strategy Priority Outcomes Community Wellbeing Active communities and support for those who need it • Foster community spirit, encouraging individuals, families and communities to support each other especially in times of particular need. Environment A highly attractive area with housing that meets local need • Protect and enhance the natural and built environment, and ensure our areas of natural beauty and wildlife are well looked-after • Promote sustainable development that takes into account social, economic and environmental factors, including protection of the Green Belt. Prosperity A vibrant local economy with thriving towns and villages • Work with rural communities and businesses to enhance their strengths and address their challenges, helping them thrive and become more sustainable. The Cabinet has authority to determine the recommendations. 1. Background 1.1. A neighbourhood development plan sets out planning policies for a defined neighbourhood area. In unparished areas it can be prepared by a neighbourhood forum, which is convened specifically for the purpose by people living and working in the local area. 1.2. There are four neighbourhood development plans in Mole Valley at present: Ashtead, Bookham, Capel and Westcott. A fifth neighbourhood area has been designated in Ockley but not progressed to a neighbourhood development plan. 1.3. Communities can choose to prepare a neighbourhood development plan at any time. The Council is obliged to constructively engage with communities preparing a neighbourhood development plan, provide advice and guidance as required, and take key decisions in a timely manner. The role of the Council is primarily to ensure that the qualifying body and neighbourhood area meet the requirements of the Neighbourhood Planning (General) Regulations 2012. 2. Neighbourhood Forum 2.1. Malden Rushett Community has resolved to start the process of preparing a neighbourhood development plan. They have submitted their application for designation of Malden Rushett as a neighbourhood area, which is the first step in that process. 2.2. The forum was originally established by Malden Rushett Residents’ Association, but is now independent of them. It has a membership which is open to all who live, work or represent the local area. The forum has submitted a membership list of some 30 names, including people who live in the area, work in the area, and a borough councilor who represents Malden Rushett on the Royal Borough of Kingston upon Thames. 2.3. The forum has adopted a written constitution whose stated purpose is: ‘to improve the social, economic and environmental well-being of Malden Rushett by engaging in the planning of the neighbourhood throughout the proposed Malden Rushett Neighbourhood Area as provided for in the Localism Act 2011’. 2.4. The application is accompanied by a synopsis summarising the work carried out so far to formulate a plan; and a community engagement programme, which has included circulating a questionnaire and newsletters in the local area. These and other documents are available to view at www.maldenrushett.community and on the MVDC website. 2.5. Key topics for initial discussion have been identified as: housing; Green Belt and the environment; community assets; infrastructure; and the local economy. With the majority of the area lying within the Royal Borough of Kingston upon Thames the context for these topics is the emerging London Plan and how that might affect the local community. 3. Neighbourhood Area 3.1. The neighbourhood area is shown in annex 1. 3.2. The proposed area lies mainly within the Royal Borough of Kingston upon Thames, but includes a small parcel of land at the southern end which lies within Mole Valley. There are two properties within this area – D’Abernon House and Risinghill, both accessed from the Leatherhead Road. The relation of the proposed neighbourhood area to the District and ward boundaries is shown in annex 2. 3.3. The Neighbourhood Regulations provide for neighbourhood areas to extend across administrative borders. In this case the forum felt that the two properties in Mole Valley related better to the small cluster of properties around The Star Public House, which form part of Malden Rushett, than to Leatherhead or Ashtead. The forum consulted both properties in April 2017 and say that both residents expressed their wish to be included in the neighbourhood area. 3.4. The small parcel of land in question is not included in any other neighbourhood area including the Ashtead Neighbourhood Area, which adjoins immediately to the east. Contrary to the forum’s initial impression the two properties were not excluded from the Ashtead Neighbourhood Area as the land lies within the North Leatherhead Ward of Mole Valley. 4. Publicity 4.1 Both authorities are obliged to publicise the applications for designation of a neighbourhood forum and neighbourhood area as soon as possible after receipt for a period of at least six weeks; and to make a decision on the applications within a period of twenty weeks. 4.2 For the small area in Mole Valley, the applications were accepted as valid on 18 September 2019. Publicity was carried out between 23 September and 1 November 2019. This included individual letters to the two properties in Mole Valley, a site notice, and the display of all relevant information on the Mole Valley website. 4.3 Publicity for the larger area is being carried out by the Royal Borough of Kingston upon Thames between 18 October and 30 November 2019. No responses have been received from the area within Mole Valley. An update will be provided at the meeting if any responses are received in the wider area. 5. Decision 5.1 The authority must be satisfied that the application for a neighbourhood forum includes all the necessary information, including a copy of its written constitution and a plan of the proposed neighbourhood area. 5.2 In deciding whether to designate Malden Rushett Community as a neighbourhood forum MVDC must be satisfied that the prospective forum has taken reasonable steps to secure a membership of at least 21 people from the proposed neighbourhood area, including people who live in the area, work in the area, and represent the area administratively; and whose purpose reflects the character of the area. Only one qualifying body can be designated as a neighbourhood forum for a neighbourhood area. 5.3 For the neighbourhood area, MVDC must be satisfied that the area is sufficiently defined by reference to a map; and that it is an appropriate area for neighbourhood planning. Neighbourhood areas can span across district or borough administrative boundaries. Where the qualifying body is a neighbourhood forum it cannot include land within a parish. 5.4 The applications are considered to meet these requirements. The applications contain all the necessary information required by Regulation. The land is not included in any other neighbourhood area or parish; and there are no other proposals to establish a neighbourhood forum in the area. 5.5 The constitution of Malden Rushett Community follows best practice, and their engagement with the community demonstrates that the forum is being inclusive and representative. The neighbourhood area including land within two administrative areas is unusual but the Regulations allow for such an occurrence. In this particular case the two properties included in the neighbourhood area do relate to the small cluster of properties on the opposite side of the road, and are physically separate from the communities of North Leatherhead or Ashtead. 6. Financial Implications 6.1 Financial implications are limited as the Royal Borough of Kingston upon Thames will be taking the lead role in providing planning advice, consultation on the draft neighbourhood development plan, organising the independent examination, and conducting a referendum in due course. The role of Mole Valley District Council will be confined to ensuring the statutory duties are met in so far as they relate to the small part of the neighbourhood area within Mole Valley.