Agenda Item No:6 Date: 30 th April 3013 Corporate Report Format APPROVAL OF NEIGHBOURHOOD PLAN AREA: THORNE AND MOORENDS. Stainforth and Moorends

Transcription

1 Agenda Item No:6 Date: 30 th April 3013 Corporate Report Format To the Chair and Members of the PLANNING COMMITTEE APPROVAL OF NEIGHBOURHOOD PLAN AREA: THORNE AND MOORENDS Relevant Cabinet Member(s) The Mayor Wards Affected Thorne Stainforth and Moorends Key Decision No EXECUTIVE SUMMARY 1. Neighbourhood Planning was introduced by The Localism Act 2011, with regulations set out in April It gave parish and town councils and communities the power to write their own plans. This report provides details of applications we have received for the first stages of preparing a Neighbourhood Plan known as a Neighbourhood Area designation. 2. Currently Thorne and Moorends Town Council have submitted an application for designation of a Neighbourhood Area and having completed the period of public consultation, are now at a stage where it is to be determined. EXEMPT REPORT 3. N/A RECOMMENDATIONS 4. It is recommended that Members: note the contents of this report and attached sub report detailing the Neighbourhood Area application; designate the Thorne and Moorends parish boundary as a Neighbourhood Area. BACKGROUND 5. Through the Localism Act 2011 the government has created new powers for local communities to prepare plans and strategies for development in their area called Neighbourhood Plans. Neighbourhood Plans can cover a wide range of planning subjects

2 from land allocations to a simple design guide and can cover areas of varying scales from a couple of streets to a number of towns. 6. Regulations for plans where set out in Planning Regulations published in April 2012 (Neighbourhood Planning (General) Regulations 2012) along with amendments to the Town and Country Planning Act 1990 (sections 61E to 61M and 71A). Together these set out the legislation, scope and broad process of Neighbourhood Plans. Doncaster Council also has an additional process guide which sets out local procedures and priorities. All applications have been subject to the procedures set out in national and local guidance. 7. The Doncaster process guide known as Support Pack and Process Guide, sets 5 main stages to preparing a Neighbourhood Plan for a Parish/Town Council and 6 for non-parished areas. These are: A. Neighbourhood Area designation B. Designation of Neighbourhood Forum (only in non-parished areas) C. Plan preparation D. Independent checking E. Community referendum F. Adoption 8. This application relates only to stage A, Neighbourhood Area designation. This stage is preliminary to writing a Neighbourhood Plan and essentially authorises the principal of a Neighbourhood Plan being written for the area. Neighbourhood Area designation does not need to state what the contents of the future Neighbourhood Plan will contain, partially because community involvement to shape the contents of the plan is a statutory requirement and because it is a preliminary stage. 9. All neighbourhood plans will have to be in general conformity with the adopted Doncaster Core Strategy and cannot restrict growth but have the potential to propose moderate increases in development. All plans also have to be in general conformity with national planning policy. 10. This application includes a map identifying the area, statement as to why the area is appropriate and statement as to the identity of the group applying and how they are capable of being a relevant body. 11. The application has been advertised and the correct period for responses observed with no objections being raised by local residents, businesses or neighbouring Parish Councils. OPTIONS CONSIDERED A B RECOMMENDED Designate the Neighbourhood Area to enable the Parish Council to progress with the Neighbourhood Plan. Recommend changes to the boundary before designation is granted.

3 C Refuse designation. REASONS FOR RECOMMENDED OPTION 12. The application adheres to national policy and covers only the parished area of Thorne and Moorends Town Council. Plan will have to be in general conformity with the adopted Core Strategy and therefore will not pose a risk to the council s overall priorities. Approving the area for the Neighbourhood Plan will allow the community a greater say in their area and has potential to increase the attractiveness of the area. IMPACT ON THE COUNCIL S KEY PRIORITIES 13. Priority Theme Mayor s Priorities for 2012/13 Implications of this initiative 1. Creating a strong, connected and inclusive economy 2. Developing stronger communities 3. Increasing and improving housing 4. Protecting and improving all our children s lives 5. Improving health and support for independent lives 6. Tackling crime and anti-social behaviour Drive forward the Doncaster economy Get the balance of public and private transport right Promote Doncaster as a tourist destination Regenerate Doncaster's town centres Encourage community harmony and cohesion. Treat people as individuals, not by reference to labels and artificial groupings Raise housing standards and ensure that there are enough homes to suit all requirements Continue to improve education and skills Build on a strengthening Children's Service Encourage attitudes of self-reliance, selfimprovement and mutual support within Doncaster communities Reduce crime and all forms of anti-social behaviour Plans can include local policies that promote and protect Thorne town centre, allocate land for employment and promote the area s tourism assets such as Thorne Moors. Plan gives the Town Council and local residents another means to influence the development of where they live. Plan can allocate land for housing and include policies on the quality and type of housing in Thorne and Moorends. None None Plan can include design out crime

4 7. Creating a cleaner and better environment 8. Internal Transformation Continue to protect the environment from developers, decay and architectural vandalism Ensure local people get value for money from council services policies to ensure new developments minimise the risk of crime in their design. Plan can focus on the individual characteristics of their local area and can include natural and built environment policies. None RISKS AND ASSUMPTIONS 14. Although the Neighbourhood Plan will be written and developed by the Town Council it will have to be in general conformity with the Local Development Framework Core Strategy, which was adopted in May Notwithstanding this, whilst the Plan will be in overall conformity there is a risk that some aspects of the Sites and Policies Plan process may have to be adjusted to reflect the neighbourhood choices, for example the delivery of housing numbers. 15. The Local Planning Authority has a duty to support Parish and Town Councils in their Neighbourhood Plans. The council has an agreed level of support and assistance set out in the Neighbourhood Plans Process Guide and as previously agreed by Full Council. LEGAL IMPLICATIONS 16. Applications for Neighbourhood Plans are subject to a prescriptive process set out in regulations made under the Localism Act. The current application is a preliminary step in this process. A Neighbourhood Plan, once it has completed the statutory process successfully and comes into force, will form part of the development plan. A Neighbourhood Plan must be in general conformity with the existing development plan for the local area. FINANCIAL IMPLICATIONS 17. There are minimal financial implications directly associated with the designation of the area. The cost to the Council at this stage is staff time in supporting and processing the application, which is being carried out by existing staff within Planning and currently funded from the Strategy and Programmmes budget. 18. Going forward, preparation of the neighbourhood plan will be paid for by the Parish Council. As the process moves through the stages outlined in the above report there will be future costs to the Council in terms of staff time, advertising, printing, independent examination and referenda costs.

5 19. There may be the opportunity for the Council to access unringfenced funding from DCLG of up to 30k for each scheme to assist with the costs to the Council. For 2013/14 this would be an initial payment of up to 5k following designation of a neighbourhood area and a second payment of up to 25k on successful completion of the neighbourhood planning examination. This is intended to cover costs of the examination and any further steps required for the neighbourhood plan to come into legal force, including referendum. 20. Financial Procedure rule E.10 states that:- The Council may receive external funding after the budget for the year has been approved. Any new grant received in the financial year in excess of 50,000 will be classed as a corporate resource unless a business plan prepared by the relevant Director, in consultation with the relevant portfolio holder for Finance & Corporate Services, is approved by the Management Team within reasonable timescales agreed with the CFO. 21. As the combined potential grant for the scheme associated with this report is up to 30k, the process described in FPR E.10 will need to be followed if DCLG funding is accessed. In the meantime, costs associated with neighbourhood plans will have to be met from existing Strategy and Programmes and Democratic services budgets for referenda costs. These costs would be minimised by combining the referenda with local elections. CONSULTATION 18. This report has significant implications in terms of the following: Procurement Crime & Disorder Human Resources Human Rights & Equalities Buildings, Land and Occupiers X Environment & Sustainability X ICT Capital Programme BACKGROUND PAPERS 19. Neighbourhood Planning Process and Support Pack 20Pack%20and%20Process%20Guide_tcm pdf REPORT AUTHOR & CONTRIBUTORS Jane Stimpson, Planning Policy Manager (Built Environment) jane.stimpson@doncaster.gov.uk Peter Dale Director of Regeneration and Environment

6 APPENDIX I INDIVIDUAL APPLICATION REPORT

7 DONCASTER METROPOLITAN BOROUGH COUNCIL PLANNING COMMITTEE Application 1 Application Number: 12/02859/NPLAN Application Type: Description: At: For: Neighbourhood Plan Area Application Application to designate a Neighbourhood Area as suitable for a Neighbourhood Plan Thorne and Moorends Town Council Area Thorne and Moorends Town Council Third Party Reps: 0 Parish: Thorne and Moorends Town Council Ward: Thorne Stainforth and Moorends Author of Report: MAIN RECOMMENDATION: Jane Stimpson DESIGNATE NEIGHBOURHOOD AREA Area for designation:

8 1.0 Reason for Report 1.1 Area application is being presented to Planning Committee in line with the approved protocol on Neighbourhood Plans Proposal and Background 2.1 The application to designate a Neighbourhood Area by Thorne and Moorends Town Council was received in November Relevant Planning History 3.1 There have been no previous applications for Neighbourhood Area designation in this area. 4.0 Representations 4.1 No representations have been received. 5.0 Relevant Consultations 5.1 Letters were sent to neighbouring Parish Councils and Local Authorities, including: Fishlake Parish Council Hatfield Town Councill Sykehouse Parish Council Stainforth Parish Council Belton Parish Council Crowle TownParish Council Epworth Town Council Wroot Parish Council North Lincolnshire Council East Riding of Yorkshire Council Letters were also sent to the relevant Ward Councillors and Area managers advising that the application had been made. The application was also advertised in a local newspaper, on our website ( and documents made available to view via Public Access. 6.0 Relevant Policy and Strategic Context The Localism Act 2011 Neighbourhood Planning (General) Regulations 2012 The Town and Country Planning Act 1990 as amended Doncaster Core Strategy Planning Issues and Discussion 7.1 The main issues for consideration are: Is this area for designation appropriate Is the application made by a relevant body Is the area in accordance with local planning policy Area: The proposed Neighbourhood Area replicates that of the established Parish Council Boundary and administrative area for the Town Council.

9 Further to this the area also comprises of the administrative area for Rossington ward. Relevant body: The application has been made by a relevant body as identified in 61G of the Town and Country Planning Act 1990 as amended in 2012 and that the body is an existing Town Council under the provisions of the Local Government Act 1972 Local Planning Policy: The proposed Neighbourhood Area is set as a Principal Town in the Doncaster Core Strategy adopted May This means that the area needs to accommodate a proportion of housing and employment growth within the plan period. As the application at this time is to designate the Neighbourhood Area only and the scope and detail of the Neighbourhood Plan itself are yet to be established, there is no conflict between the designation of the Neighbourhood Area and local planning policy. 8.0 Summary and Conclusion 8.1 The principle of designating the Thorne and Moorends Town Council area as a Neighbourhood Area is considered appropriate in light of the points noted above.. RECOMMENDATION Area be DESIGNATED