Neighbourhood Planning Examiners’ Reports · Neighbourhood Planning Examiners’ Reports ... Examiner’s views or his quoted opinion. ... that all 5 GP surgeries within 5 miles

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Neighbourhood Planning Examiners’ Reports

Neighbourhood plans must be subject to independent examination. At its conclusion, the examiner will issue a report setting out a recommendation (see below). The Plan is tested against whether it meets the “Basic Conditions” set out in law following the Localism Act 2011. In order to meet the Basic Conditions, the Plan must:-

• Have regard to national policies and advice contained in guidance issued by the Secretary of State;

• Contribute to the achievement of sustainable development;

• Be in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area); and

• Be compatible with, EU obligations (e.g. Habitats Regulations Assessment and Strategic Environmental Assessment Directive). The examiner must also consider:

• Whether the Plan is compatible with Convention rights contained in the Human Rights Act 1998. Having considered the basic conditions and human rights, the examiner can make one of the following recommendations:-

o The Plan proceeds to a referendum as submitted; o The Plan is modified to meet basic conditions and then the modified version proceeds to referendum; or o The Plan does not proceed to referendum.

If the examiner determines either of the first two recommendations is appropriate, consideration must also be given to whether the referendum area should be extended. At referendum, if the Plan achieves more than 50% of votes in favour, then the Plan will be made by the Local Planning Authority (either SDNPA or SDNPA + a second LPA). It becomes part of the statutory development plan and can be used to determine planning applications and inform planning applications. By the end of 2013, 16 examinations had been conducted and 9 reports issued for the following areas:- Name of plan area Proposer Local Planning Authority Examiner Upper Eden 17 Parish Councils (submitted by Brough Parish Council) Eden District Council John Glester Exeter St James Neighbourhood Forum Exeter City Council Graham Self Thame Thame Town Council South Oxfordshire Nigel McGurk Tattenhall Tattenhall and District Parish Council Cheshire West & Chester Council Nigel McGurk Norland Neighbourhood Forum Royal Borough of Kensington & Chelsea Dave Chetwyn Lynton and Lynmouth Lynton and Lynmouth Town Council Exmoor National Park Authority Graham Self

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Rolleston-on-Dove Rolleston-on-Dove Parish Council East Staffordshire District Council Chris Collison Cringleford Cringleford Parish Council South Norfolk Council Timothy Jones Broughton Astley Broughton Astley Parish Council Harborough District Council Nigel McGurk In these 9 cases, the examiner recommended that the Plan proceed to referendum with modifications. There are a number of recurring themes in the examiners’ reports including the need for planning policies to be written clearly and concisely, to be supported by a robust but proportionate evidence base and the need to demonstrate that the Plan can be delivered. The table lists the relevant plan name and policy/proposal or area of discussion. In most instances, the issue raised is followed by a summary of the Examiner’s views or his quoted opinion.

Plan Policy Key comments

ROLLESTON-ON-DOVE

Objective 2 “The preservation of the village of Rolleston on Dove to prevent merging into the suburbs of Burton and the villages of Stretton and Tutbury, thereby losing its important identity.

Examiner: Whilst ‘preserving’ may be acceptable in relation to village atmosphere I consider the use of the term ‘preservation of the village’ is less acceptable in that it carries with it a perception of resistance to change and this would not be consistent with national policy which has at its heart a presumption in favour of sustainable development.

Plan production process

Collaboration between neighbourhood planning groups and others, including Local Planning Authorities. Examiner: There are also advantages to be gained from the sharing of evidence gathering and analysis. To be wholly successful in maximising the benefits there is a requirement for organisations leading plan preparation to actively collaborate.

Policy H1 The Plan includes locally derived housing requirement (85 dwellings) as no requirement is set out in the adopted development plan. The Parish identified a figure drawing on information in the LPA’s settlement hierarchy study and taking account of other factors including local school capacity, assessed housing need and local opinion. The Parish has drawn on the LPA’s settlement hierarchy study. The Parish presented evidence to suggest the main settlement should not be classified as a strategic ‘Tier 1’ settlement based on analysis of actual and anticipated changes to facilities and amenities in the Plan area, analysis of local primary school capacity, and consideration of local housing need (the Rolleston on Dove Housing Needs Survey 2010). .

Examiner: It represents a housing requirement that, based on the available evidence, is considered to strike an appropriate balance between the need to plan for growth, the sustainability of Rolleston on Dove as a rural settlement and the assessed housing needs of the population. It is unrealistic to expect a small settlement will have the capacity to assess housing requirements across the entire Borough Council area and then determine the role that settlement will play in that wider context. Population, household size and migration projections are

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notoriously resource hungry. I find there is a basis to conclude that local housing requirement has been objectively assessed (as required by NPPF) with a degree of consideration of the wider area context, and that this has been explored to a method and degree of penetration that is proportionate and appropriate to the resources available to a Neighbourhood Plan strategy group. Settlement hierarchies are subject to change over time not least through the interplay of population change and service level provision which adds weight to the need for adequate monitoring arrangements.

Policy H2 Seeks up to 50% of new housing should be suitable for occupation by older persons in terms of size and layout.

Examiner: The NPPF states that to deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, local planning authorities should plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community such as older people. The Neighbourhood plan policy is consistent with this approach and seeks to ensure provision of the type of housing that reflects local demand. No viability assessment was presented to demonstrate that the requirement is deliverable however the approach did appear to enjoy support from the promoters of one of the development sites and the examiner noted the considerable developer interest in this site. The examiner expressed concern that the term “up to 50” was too weak as this could be satisfied by little or no provision. He suggested the up to element is removed.

Policy H3 The policy seeks to ensure people with some form of proven housing need and a demonstrable local connection will have priority in respect of new-build affordable housing for social rent and existing social housing.

Examiner: Policies must relate to the development and use of land. The allocation of existing social housing is purely an issue of housing management and is not appropriate for inclusion as a policy in a Neighbourhood Development Plan.

Policy H5a and Policy H5b – Site Allocations and phasing

2 sites identified: Land at Knowles Hill and Land off Shotwood Close

Examiner: Considered that the site identification and selection process had been extensive and inclusive and open for all to participate. The LPA’s SHLAA had been utilised and extended through processes designed to identify additional sites for evaluation. However, he considered the Plan had not provided evidence to justify the phasing requirement. He did not consider that the housing sites coming forward early in the Plan period would put an unacceptable strain on local infrastructure. He noted that the primary school could accommodate the additional pupil numbers generated and that all 5 GP surgeries within 5 miles of Rolleston were accepting new patients. He requested that the phasing requirement in the policy should be deleted and this would help boost the supply of housing, something the

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NPPF encourages.

Policy D2 All new residential development or extensions to existing properties, should be restricted to a maximum of two storeys in height.

Examiner: he noted the strong community support for this proposal and that the rural character of Rolleston was distinct from the urban nature of nearby Burton-on-Trent. He refers to the NPPF which requires an understanding and evaluation of the defining characteristics of an area and the promotion and reinforcement of local distinctiveness, however he says that the NPPF also sets out that appropriate innovation should not be discouraged. For this reason, he considered the policy should describe two storey buildings as providing the predominant characteristic rather than being required in every case.

Policy D3 – Energy Efficiency of new developments

Draft Policy: All new developments should seek, where possible, to be designed to the very highest standards of energy efficiency. New developments should incorporate the use of renewable energy technologies and other low energy systems compatible with the type of development in question. If it is not possible to incorporate any such technologies or systems into the development because it would make the development unviable, then the applicant must clearly demonstrate that this is the case to the satisfaction of the local planning authority and Rolleston on Dove Parish Council. If needed, an independent expert can be called upon to give an opinion on the viability of the development in light of the information submitted by the applicant. The costs incurred by this expert are to be borne by the applicant. Any such technologies or systems that are highly visible will be resisted. Any such technologies or systems which detract from the value of the Conservation Area will be resisted.

Examiner: He concluded ‘Very highest standards is an imprecise term and the NPPF encourages the use of nationally described standards. He, therefore, requested the insertion of Code for Sustainable Homes Level 4 and BREEAM non-residential very good standard. He also said that ‘highly visible’ was not enough in itself to provide a reason for refusing a proposal and this should be expanded to say ‘and are harmful to visual or residential amenity’. He was also concerned about the singling out of the conservation area when the NPPF’s approach to conserving and enhancing the historic environment encompasses all heritage assets.

OS1 – settlement boundary policy

Draft Policy: The boundaries of the built-up area of Rolleston on Dove are defined on the map in Figure 6.1. Development or redevelopment will be permitted within the built-up area boundaries, subject to the other policies in this plan and those of East Staffordshire Borough Council. Outside the built-up area boundaries, development or redevelopment will not be permitted with the exception of sites that have planning permission or are allocated in Policy H5 of this plan. In particular, there is a clear presumption against development which serves to reduce the green gap between Rolleston on Dove village and the settlements of Horninglow and Stretton.

Examiner: Insufficient evidence was presented to suggest that there was capacity within the proposed settlement

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policy boundary for the NDP housing requirement of 85 dwellings to be met. He considered the settlement policy boundary to have been “tightly drawn” and the need to preserve the gap between Rolleston and the settlements of Horninglow and Streeton did not justify the way the development boundary had been established in every direction. He also considered that the requirement that all development and redevelopment outside the settlement boundary, except for allocations, was contrary to the NPPF which sets out types of development which promote a prosperous rural economy, e.g. development appropriate to the countryside or for the efficient working of the countryside ; replacement dwellings and appropriate extensions to dwellings in the countryside. Due to the shortcomings in evidence, the Examiner recommended the whole of the policy should be deleted and Policy NE1 of the ESDC Local Plan: ‘Development outside development boundaries’ would address this issue appropriately. The policy is too restrictive.

OS2- protection of open spaces of community value

Identifies 13 individual spaces of a variety of types, sizes and functions.

Examiner: All the spaces identified should proceed to designation except the College playing Fields. While the neighbourhood plan described the space as “completely free of restrictions” and used by a “large number of dog walkers, joggers etc. for recreational purposes”, the Examiner on his site visit could find nothing to indicate the land was available for public recreational use; the owners of the Playing Fields also stated in their representation that the space was not in public use. The Examiner considered the space did not hold particular local significance, no feature of the land distinguished it from the vast majority of other land surrounding the village and it did not have any particular merit for special designation.

OS3- protection of views of local importance

Seeks to preserve views considered by residents to be of high aesthetic value.

Examiner: the policy which features photos to identify the views does not provide clarity for decision makers. E.g. lack of clarity from where the view of fields on the north side of Station Road should be seen. He considered that it would be preferable to map important “countryside frontages” which should be kept free from development to protect the setting, character and appearance of the village.

Infrastructure Provision policies

Policy IN1: Provision of a community centre A community facility comprising, as a minimum, a main hall, small meeting room, office for the Parish Council and basic amenities, shall be provided when an appropriate site is identified and is made available. The appropriateness of a community facility on such a site will be subject to the other policies in this plan. The cost of construction of the new facility and the land for this facility will principally be met through the pooling of developer contributions from new development in Rolleston on Dove parish. Policy IN2: Provision of sports/leisure facilities

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The following sports/leisure facilities shall be provided in Rolleston village: - Changing rooms serving the sports pitches at Craythorne Playing Fields - New allotment space - College Field returned to an operational sports ground The provision of the new facilities will principally be met through the pooling of developer contributions from new development in Rolleston on Dove parish. Policy IN3: Provision of transport infrastructure The following transport infrastructure shall be provided in Rolleston village: - Replacement bus shelters throughout the village with real time passenger information (RTPI) - Appropriate speed reduction measures on Knowles Hill - Additional parking outside the shopping area In order to recognise its rural setting, replacement bus shelters should be in keeping and of similar construction to the current shelters in the village.

Examiner: None of the proposals were considered to have any certainty of delivery: no sites had been identified for the community centre, the allotment space or additional parking facilities.

CRINGLEFORD Interpretation of

Basic Condition 1 “having regard to national policies and advice contained in guidance issued by the Secretary of State”

Examiner: A requirement to have regard to policies and advice does not require that such policy and advice must necessarily be followed, but it is intended to have and does have an effect. The obligation is not to follow national policies in all respects.

Interpretation of Basic Condition 2

Contributing to the achievement of sustainable development

Examiner: Unless the draft NDP contributes to sustainable development, it cannot proceed to a referendum. This condition relates to the making of the Plan as a whole. It does not require that each policy in it contributes to sustainable development.

Interpretation of Basic Condition 3

Whether the draft NDP is in general conformity with the strategic policies contained in the development plan. The test is not absolute conformity.

The adjective ‘general’ allows a degree of (but not unlimited) flexibility.

Overall plan content Examiner: the draft NDP is logical, clear, appropriately concise and intelligible to a reasonably intelligent lay reader with no expertise in town and country planning.

Housing – Policy HOU1

“The maximum of 1,200 new homes should be dispersed across the housing site allocation area as shown on the Proposals Map”

Examiner: A policy, or a combination of policies, that would be likely to result in significantly fewer than 1,200

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dwellings…would not be in general conformity with the Local Plan and would not (without proper reasons) be showing regard for national policies and advice…in order to comply with the Basic Conditions, policy HOU1 should specify approximately 1,200. That does not constitute a carte blanche for house-building. Other policies will restrict it, but should not do so in such a way as to reduce the number of dwellings below approximately 1,200 homes. Neighbourhood plans should not promote less development than set out in the Local Plan or undermine its strategic policies and the JCS provided for at least 1,200 dwellings.

Housing Density – Policy HOU3

“To preserve the open and green character of the village and its role in the urban/rural transition zone, net building densities should not exceed a maximum of 25 dwellings per hectare across the Housing Site Allocation Area”

The Examiner considered an objector’s representation that this policy would provide exactly 1,200 houses at 25 per hectare and argued that an average figure would be more appropriate. He also noted that this figure had to be achieved in the context of mixed development and when other uses came forward the number of dwellings would fall further. “Localism enables parish councils promoting a neighbourhood plan to choose between meeting strategic policies as to housing numbers by higher density on less land or lower density housing on more land (or by permutations of these)…the current wording of the policy is too restrictive, since it would be likely to result in significantly fewer than 1,200 dwellings and to prevent a sufficient mix of dwellings.” 25 should be an approximate average rather than a maximum.

Housing Mix – Policy HOU4

The majority of dwellings proposed for any new development should be detached or semi-detached dwellings, whilst recognising the need for a mix of other property types in accordance with Policy 4 of the JCS. This would be in keeping with the predominant settlement pattern in the pre-2007 village.

Examiner: there must be a mix, the policy recognises that there will be and simply provides what the majority of that mix should be. Neighbourhood plans are produced by a parish council or a neighbourhood forum and care should be taken not unnecessarily to impose the expensive evidence bases required of principal councils for the soundness test into the less demanding basic conditions.

Housing – Space standards

The amount of space provided in each dwelling must as a minimum meet but ideally exceed the minimum standards recommended by RIBA in The Case for Space (2011). Adequate storage space must be provided in all new homes.

Examiner: “I see no reason why a neighbourhood plan should not choose to use this document as a basis for policy in an area like Cringleford that does not have exceptional pressure on space.”

Housing – Dispersal of affordable housing

“To encourage the social mixing implied by the concept of ‘balanced communities’, affordable housing should be dispersed in small groups throughout the development area”.

Examiner: He considered an objection to this policy on the grounds that it would not meet the requirements of effective management by a housing association but found no evidence had been presented to support the assertion. The policy did not, therefore, need modification.

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Allocation of land between A11 and Cantley Lane for housing

There was an objection to this proposal as it was “the one and only green site remaining in the village”. The Examiner considered the land was suitable for a housing allocation as Cringleford would still retain a substantial recreation ground, a Landscape Protection Zone and a ‘Gateway Zone and new allocations would also be required to provide open green space.

Landscape Protection Zone

The policy required a continuous green landscaped corridor of 250m depth from the edge of the carriageway of the A47 to maintain the landscape setting of the village, maintain the existing wildlife corridor, mitigate traffic noise and retain a key strategic gap at the edge of new development.

Examiner: He considered the extent of land included within the LPZ’s width had not been sufficiently justified when there remained a doubt whether enough land would be available to deliver the housing requirement of approximately 1,200 dwellings. In particular, he felt that topography and landscape features had not been adequately taken into account in determining the extent of the LPZ. He suggested the width of the zone should be reduced to 145 metres. The area removed from the LPZ would instead become part of the land allocated for housing.

50 metre Gateway Zone

Examiner: he was satisfied that a zone would be appropriate but that 35 metres, not 50 metres would be sufficient to provide an adequate tree belt. The area removed from the Gateway Zone would become part of the land allocated for housing.

Provision of recreational facilities and play area

“The developers should provide for a 3.8 hectare playing field to accommodate a cricket pitch, football pitches and pavilion to include changing rooms. Play areas for children must be provided in accordance with guidelines in force at the time”

Examiner: the policy is appropriate providing it does not render the provision of housing unviable. He suggests modifying the policy with the caveat to ensure the policy does not reduce the number of new homes significantly below 1,200: the “policy does not apply to the extent (if any) that it would render needed development unviable.”

Broadband policy “New development on the allocated sites for housing must ensure that broadband infrastructure can be provided to guarantee a minimum speed of 24Mbps (superfast) and thus assist both community integration and business activity”

Examiner: He noted that support for broadband would reduce the need for travel and contribute to the achievement of sustainable development. However, he felt that the policy as worded was overly prescriptive and strayed into matters beyond planning and land-use policy. As with other modifications, he required a caveat be added to the policy in case it imposed demands on developers which would prevent needed housing (significantly less than the 1,200 homes required over the plan period). The speed requirement should be removed and changed to a more flexible “fast” and the infrastructure would be a requirement “except to the extent (if any) that this would render needed development unviable”.

Provision of new link roads

The highways authorities (Norfolk City Council and Highways Agency) requested additional wording that as applications for new housing come forward they will need to demonstrate that they do not prejudice the delivery

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of options for improvement currently under consideration by the local authorities. If a proposal was to impact the delivery of an emerging scheme, then the applicant would be expected to provide detailed evidence showing an acceptable alternative improvement proposal that is deliverable and meets the requirements of the highways authorities.

Examiner: as the proposed locations for the link roads were still indicative the Examiner agreed to the reference of emerging work by the highways authorities being included in the policy.

Identification of an indicative link road on the proposals map

A proposed line of road it is claimed by an objector would cause congestion at Cringleford Bridge, cause Brettingham Avenue to become a ‘rat-run’ and increase noise pollution. The objector suggests the new road should only go into the new housing and not provide a vehicular connection to Brettingham Avenue.

Examiner: On balance he considered the case of the link had not been fully made and “more likely than not that there would be unjustified harm to residential amenity of sufficient substance.” He requested that an arrow on the Proposals Map, which seemed to imply a definite vehicular link to Brettingham Avenue be shortened to leave the question of whether a link should extend as far as Brettingham Avenue to later deliberation.

Representation: there should be a 20mph speed limit through the village

Examiner: this is not a matter for an examination considering whether a neighbourhood plan has met the basic conditions.

Distance from power lines

The Proposals Map shows a 50 metre zone either side of power lines as unsuitable for residential or commercial development. 2 objectors, one supported by “conversations with National Grid” suggested that a 15 metre zone on either side is sufficient.

Examiner: There is no evidence to contradict the 15 metre figure and no reason to doubt it. The Parish Council has explained that their figure of 50 metres was selected arbitrarily.

UPPER EDEN Plan area Examiner: “In many respects it exhibits a quality resonant of a National Park. Hill farming is significant in the

upland areas to the East and South. There is a range of settlements from the modest hamlet to the main service centre in Kirkby Stephen. Many settlements are very attractive and occupy quality landscapes and locations…the low level of population outside Kirkby Stephen presents a number of issues to be resolved if the settlements, farms and local businesses are to be sustainable into the future. The Upper Eden area is at one extreme of the range of settlements and parishes found across England. These characteristics of the area mean it is likely to require both careful management and a set of policies that reflect its special nature…it requires a particular set of planning policies to ensure that it does not lose the opportunity to be sustainable.”

Interpretation of general conformity

Examiner: “Without a set of policies which temper and modify the impact of strategic national and local policies it is possible that the area will fail to participate in an appropriate social and economic fashion in the future…the

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reasoning behind the use of the concept of general conformity is to allow a degree of flexibility in drawing up neighbourhood plans and proposals. Without such a concept drawing up a neighbourhood plan to reflect local priorities and conditions would be a futile exercise.”

Affordable rural exception housing for local people

The policy seeks a more permissive approach to the development of affordable housing by substituting the strict requirement in the Local Plan that exception sites should be within sight of 3 existing dwellings to an approach which supports development subject to need being evidenced and no unacceptable impact on the visual and landscape amenity of the area.”

Examiner: “The recent shortfall in housebuilding in the area underlines the need to secure some change to existing policy stances in an attempt to deliver sustainable communities in the area…it is clear that this draft policy stretches the bounds of general conformity but in my view not beyond what is reasonable. The Housing Needs Surveys 2009/2010, the almost unanimous view of the priority to be given to affordable housing especially for local people and the extreme nature of the Upper Eden with its sparseness of population all provide a sound basis on which to promote the thrust of this draft policy”.

Housing on Farms This is another policy intended to allow a more permissive approach to development and counter the ‘sustainability trap’. The policy provides support for the re-use of existing structures and building new houses on farms and rural businesses.

Examiner: “It is good to see reference to the re-use of existing traditional buildings in this draft policy. In my view these should be, wherever possible, primary candidates for development before considering allowing new build…there will need to be careful monitoring…to ensure that the residual use of a property if the original justification can no longer be met is for affordable housing…the unlocking of the potential of farms and rural communities is a key ingredient to making the most of the area without losing its character or attractiveness”.

Housing for older people

The draft policy seeks to prioritise housing for older people above the provision of general affordable housing.

Examiner: “I am not convinced that prioritising such housing in certain locations should be at the risk of forfeiting more general affordable housing…I have not seen evidence to suggest that there is a greater need for housing for older persons than for providing more general affordable housing. In the two largest service centre areas, Kirkby Stephen and to a certain extent Brough which often accommodate larger developments the draft approach should work (the examiner considered that within viability provisions it should be possible to meet both the local affordable housing requirement and provision of units for older people) but much less so in smaller settlements where the need for more general affordable housing comes more strongly into play.”

Broadband policy All new developments would be required to demonstrate how they will link to fibre or internet connectivity.

Examiner: The Eden Declaration exemplifies the acknowledged need and desire to improve connectivity across rural Cumbria and the very recent signing of the Cumbria Superfast Broadband contract all lend weight to the thrust of the policy. There will need to be consideration given to ensuring that requirements to deliver

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connectivity from new developments falls within what is reasonable under NPPF 173 as far as viability and deliverability are concerned and that is acknowledged in the draft policy.”

THAME Public consultation The Examiner considered the quality and effectiveness of the public consultation in Thame, with particular

reference to openness and transparency. He noted that “simply undertaking various stages of consultation does not in itself ensure a robust and well tested Plan”. However, he was impressed by the fact the Plan had undergone four more stages of consultation than was legally required – this suggested to him that public consultation was taken very seriously by the Town Council. He also made the following supportive comments about the consultation strategy/approach:-

• Multiple methods of communication used including innovative approaches, making as many people as possible aware of the consultation events.

• Different times of day were used for consultation events – with at least one full day during the weekend. He examined criticism that a preferred option was reached by a core group of Town Councillors and representatives of Residents Associations and that effectively, the choice was made ‘behind closed doors.’: “It seems entirely reasonable to me that, in order to progress the plan-making process effectively, some decisions do need to be made by smaller groups. By their very nature, it is inevitable that smaller groups may not be fully representative of everybody with an interest”. He considered that the Preferred Option had been widely consulted on, alongside each of the other options. The 835 feedback forms received provided “overwhelming evidence” there were plentiful opportunities for comment. He also considered that “there is evidence that, as well as the views of residents and local business people, there was input from the earliest stage from other interested parties including the police, local organisations and landowners and developers…the views of younger and older people were also actively sought, with two small focus groups being set up.” While the young person’s group had few attendees, the Examiner believed “the important point” was that “the opportunity was provided for young people to give their opinions”.

Vision Thame must retain its character as a real market town

Examiner: it is clear, short and sharp and provides a good introduction, from which the more detailed objectives, and then the policies to support and deliver the vision, naturally flow.

Objectives Examiner: In describing the area – including reference to constraints and opportunities – the Plan introduces the core objectives, which go on to provide each of the five main policy headings. Together, the Vision and Objectives are distinctive to Thame and recognise those unique local characteristics and aspirations that the Plan aims to protect and where possible, achieve. They set out the need for Thame to provide for its growth whilst preserving and improving those things that are special about the area. This approach contributes to the achievement of sustainable development.

Sustainability Thame is identified in the Core Strategy as a sustainable location for growth and all four of the spatial options

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Appraisal scored broadly equally in the Sustainability Appraisal. The Preferred Option was amended, further to consultation, to improve its ability to achieve sustainable development.

Housing The Plan allocates 775 homes. 5 sites for housing are allocated and as a contingency measure, reserves a further two sites for development if the allocations do not come forward. The majority of homes are located on Sites C, D and F. The Examiner noted that 67% of respondents to the consultation agreed with this approach and that the Preferred Option was tested through Sustainability Appraisal and subsequent amendments were made to it.

Housing Allocation: Lord Williams Lower School

The Examiner considered the policy strikes the appropriate balance as there are uncertainties concerning whether the site comes forward for development. The Plan identifies a contingency – reserve site – to make up for the shortfall which would be created by the Lower School allocation not being implemented.

Housing Allocation: The Elms

The Examiner considered the policy strikes the appropriate balance as there is uncertainty whether this site allocation will deliver the number of homes indicated. The policy identifies a contingency which would address any shortfall – namely, the outstanding balance of housing would need to be met on another reserve site and failing this, be added to the reserve site.

Windfalls policy The Examiner considered the policy was unduly lenient by not affording sufficient emphasis to the suitability of infill and redevelopment sites and the use of the word ‘should’ in connection with design requirements suggested that they were not mandatory. A minor modification to the text was recommended.

Infrastructure policy Examiner: the policy did not recognise the potential for the direct delivery of off-site works by a developer in addition to the provision of appropriate facilities on-site.

Affordable housing The policy requires affordable housing to be provided at the level set out in the Core Strategy but it says that the type and size of affordable homes should meet the specific needs of Thame.

Examiner: The policy requires affordable housing to relate to local needs, thus avoiding a less appropriate ‘blanket’.

Validation requirements

Planning applications of 6 or more homes to be accompanied by a ‘Thame-Specific Affordable Housing and Dwelling Mix Strategy’.

Examiner: This ensures a relevant approach to development based on local circumstances.

Housing Allocations: The exclusion of ‘Site B’

The promoters of Site B considered that their site could deliver on-site infrastructure, whereas others could not. In addition, the promoters considered Site B performed better, in sustainability terms, with particular reference to sustainable transport.

Examiner: “There is nothing to demonstrate that necessary infrastructure, facilities and services would not be provided by those sites allocated in the Plan.” The Examiner noted the infrastructure delivery plan requirements pertaining to the allocations. While allocated sites C and D were not close to bus services, he noted that the NPPF does not require housing sites to be allocated on the basis of the location of bus services alone and there were other sustainable means of travel the Plan was seeking to promote, such as walking and cycling links.

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Housing Allocations: a higher housing requirement on ‘Site F’ / Sustainability Appraisal

The promoters of Site F stated, that more efficient use could be made of the site by increasing housing numbers and that their site was the most sustainable in Thame.

Examiner: There is considerable local support for spreading the housing allocation at Thame to a number of different locations rather than focussing on one large single site. The Examiner noted that other sites could also have their sustainable transport credentials enhanced. Regarding the overall sustainability assessment of individual sites, he considered the sustainability of site allocations should be considered ‘in the round’ – factors other than the Sustainability Appraisal were also important considerations.

Design Indicative site diagrams/sketches are provided for each of the allocations.

Examiner: “the Plan requires applications on allocated sites to be accompanied by a detailed design brief. This is a commendable approach which emphasises the importance of design and allows for further scrutiny of design proposals.”

Housing Allocations: the inclusion of ‘Site C’

There was some criticism of Site C by the promoters of other sites with specific regard to its distance from, and accessibility to, the town centre. The County Council raised a concern regarding possible ecological constraints at the site.

Examiner: He considered the plan had identified suitable modes of sustainable transport connecting the site and further benefits of its allocation in improving the visual setting of the town and providing the opportunity to link up with Site D in a masterplanning exercise. He also believed the significant ecological survey work would be needed to accompany any planning application and this was a sufficient safeguard against possible impacts on ecology.

Housing Allocations: a higher housing requirement on ‘Site D’

Examiner: He considered that reducing the allocation on other sites would reduce the identified benefits of these sites coming forward for development or to the level being proposed. He also noted that Site D fitted with the overall approach of the Plan’s strategy, which itself is supported by the consultation.

Housing Allocations: The Elms / setting of listed buildings

The Elms site is within the grounds of a Listed Building, close to four other Listed Buildings and is wholly within the Thame Conservation Area.

Examiner: this site provides an opportunity to provide for some housing, for the benefit of the town, as well as provide for investment in a Listed Building. Notwithstanding this, the sensitivities associated with the site cannot be underestimated.” The Examiner suggested the wording of the policy is modified to give greater emphasis to detailed design work which will determine exactly how many dwellings can be provided at this site. This work would also inform the exact extent of the built area and open space to be provided.

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Shopping/town centre policy

The Plan includes a statement “Proposals for large out of centre shops will therefore be resisted”.

Examiner: Recommended this statement is deleted because it could not conclusively be demonstrated, whether such a scenario is unlikely or not, that such a use would undermine the town centre.

Employment allocation – the inclusion of Site ‘B’

Allocates 3 hectares of land for new employment. The promoters of another site considered their land to be more sustainable.

Examiner: He considered that Site B was well located in relation to existing employment land and the policy would contribute to a new pedestrian/cycle link.

Employment allocation – lack of reference to B8 uses

Thame Town Council confirmed that the absence of a reference to B8 uses was an oversight. The Examiner recommended a modification including B8 uses.

Cattle Market allocation: no identification of a new foodstore

The policy seeks a mix of uses, including new housing, workspace, retail and a community facility. It specifically states that the retail component of any proposal should not incorporate a non food supermarket.

Examiner: He referred to the Core Strategy policy which sets out convenience floorspace need. This had a zero requirement for 2007-2016 and just 600 sqm for 2007-2027. The need, therefore, was very low. He also considered what the Core Strategy about the changing role of Thame, particularly references to improving the eating and socialising offer, attracting new retail and leisure providers and implementing a major development. The neighbourhood plan also set out the need to improve the attraction of Thame for visitors. On this basis, he concluded there was a sufficient basis to continue with the approach in the draft Plan. He also noted the NPPF requires plans to allocate sites to meet the scale and type of retail, leisure, commercial, office, tourism, cultural, community and residential development needed in town centres – the policy contributes to this objective.

Cycle link to railway station

Oxfordshire County Council stated that it cannot commit resources to progress and help fund a proposal for a cycle link to Haddenham and Thame Parkway railway station.

Examiner: He considered that while there may be insufficient developer contributions to fund the link, other forms of funding could not conclusively be discounted into the future. He requested that an additional sentence be added to the policy that stated in the event of it not being possible to implement the policy within the lifetime of the Plan, contributions towards the proposal would be invested in other projects related to improving cycle and pedestrian movement in and around Thame.

Car parking policy A nearby Parish Council stated that car parking in the town should be improved.

Examiner: He noted the plan does not seek to reduce the number of car parking spaces in Thame and at the same time, seeks to place an emphasis on sustainable forms of travel to and from the allocated sites and

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improve pedestrian and cycle connections in the town generally. Overall, this represented a balance between the different modes of transport and was in line with the NPPF.

Design New development must demonstrate not only how it relates to its surroundings, but specifically, how it contributes to the unique qualities of Thame as a whole.

Examiner: The policies focus on reinforcing the character and quality of Thame. He welcomed the approach towards creating “policies which are clearly distinctive to Thame”.

EXETER ST JAMES

Examiner’s role “I am not allowed to make recommendations aimed solely at improving the Plan. However, I have had regard to the statement in the NPPF that: plans should provide a practical framework within which decisions on planning applications can be made with a high degree of predictability and efficiency. There are aspects of the Plan which I think affect its clarity or practicality to an extent which can be properly judged as not having regard to this point of national policy and therefore not meeting one of the basic conditions.”

Plan period Whilst the Plan indicated that its policies would apply for the next 15 years, the Examiner identified that the plan period did not feature on the cover of the document. The Plan period has to be clearly defined in order to meet legal requirements.

Use of the word normally in policies

This introduces duplication of legal provisions under the Town and Country Planning Act which require that applications for planning permission have to be decided in accordance with the development plan “unless material considerations indicate otherwise”. The Examiner argued that exceptions to policies are already allowed for by the “material considerations proviso”. He also considered there was a conflict which the NPPF that plans should provide a practical framework within which decisions on planning applications can be made with a high degree of predictability and efficiency. In the Examiner’s view, the word normally reduces such predictability. However, he also considered that the Plan provided sufficient guidance, including in the supporting text, for potential developers to know what type of proposal might be considered abnormal. He also observed the NPPF itself used the word normally. On balance, the extent of conflict was not so great to require modification of the Plan in order to meet the Basic Conditions.

Inclusion of projects not related to the development and use of land

A number of projects are included in an appendix to the Plan as a focus for community action, e.g. the setting up of a community enterprise company and the improvement of interpretation at Danes Castle.

Examiner: While neighbourhood plans should relate to the development and use of land, he recognised that the process of preparing the Plan helped to stimulate ideas among local people and businesses for ways to improve the area generally. He, therefore, considered the list of projects should remain a part of the document.

Priority projects The Examiner noted an inconsistency between the Plan and the Appendix which contained the list of projects.

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referred to in the Plan

The Plan’s text refers to 6 priority projects identified by the community but the Appendix only shows 5. Further, the ‘missing’ project, which relates to traffic, is not supported by the summary of main issues identified by the Consultation Statement. The Examiner stated it was not clear how the sixth priority project came to be inserted into the Plan and whether it had been prioritised by the community. As the priority project concerned involved setting up a partnership scheme to work on transport issues , this in itself did not conflict with the Basic Conditions and as a result, the Examiner didn’t recommend a formal modification but suggested that reference to projects prioritised by the community only refers to the first 5 projects.

Development in Hoopern Valley Park

The policy states that “Development in the Hoopern Valley Park will not normally be permitted”.

Examiner: A policy against all development in Hoopern Valley would be “too sweeping, even with the allowance for exceptions provided by the word ‘normally’”. This would effectively be a blanket ban and in the Examiner’s view may hinder the enhancement of walking and cycling facilities, desired by some sectors of the community. He suggested the policy be re-worded in a more pragmatic and positive manner: “Development which would detract from the landscape or ecological value of Hoopern Valley Park will not normally be permitted. Proposals that would enhance…” etc.

Biodiversity The policy required certain types of development to achieve a net enhancement to biodiversity “when the proposal is implemented”.

Examiner: Such wording is “unclear and possibly unreasonable. This phrase seems to mean that the biodiversity enhancement must be achieved immediately, or at the same time as a planning permission for development is implemented…enhancements to biodiversity can sometimes take several years to be achieved.” He recommended that this wording is deleted.

Design The policy refers to a requirement for high quality, contemporary design

Examiner: he considered that good design did not necessarily mean contemporary design, especially in areas where there are buildings of historic character. Proposals for development or re-development with a contemporary design may be appropriate, but a non-contemporary style may be equally acceptable. He wondered if the authors had intended contemporary to have the meaning “of the same period (equivalent to contemporaneous)”. This opened up a different problem as it would be possible to achieve good design without requiring new buildings to look as if they were of the same period as others nearby and such a requirement would be impracticable where there are buildings of various ages and architectural styles. He recommended the word contemporary is omitted.

Howell Street Car Park

The Plan refers to the need for the local community and in particular local businesses to be involved from an early stage in the preparation of proposals

Examiner: He noted the NPPF encourages applicants to engage with the local community before submitting applications but did not state at an early stage. He believed this was going too far and conflicted with the NPPF

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requirement that businesses should “not be over-burdened by the combined requirements of planning policy expectations”.

Transport – use of terminology

The Plan refers to both “strategic traffic” and “through traffic”. There is also reference to reducing “non-resident traffic”.

In the context the Examiner considered strategic and through traffic meant the same. The non-resident traffic should also be described as through traffic. He noted that it was unlikely to be possible to eliminate access by delivery vehicles and visitors to dwellings.

TATTENHALL Role of the hearing The Examiner wished to explain that involvement in the hearing does not make any one (written) representation

more, or less valid than another.

Neighbourhood plan running in advance of new Local Plan

Some objectors considered the Plan to be premature as the new Local Plan for Cheshire West and Chester had not been adopted.

Examiner: “We live in a changing world and planning is a dynamic process. Just as there are examples of where neighbourhood plans follow on from new, up-to-date, adopted development plans, there will be occasions where neighbourhood plans are made ahead of emerging local plans. Whenever a neighbourhood plan, following a ‘Yes’ vote at Referendum is made ahead of an emerging Local Plan, then simply, the Local Plan would need to take the policies of the neighbourhood plan into account…one of the significant benefits of neighbourhood plans is the relative speed with which they can come forward, enabling local communities to establish policy in an efficient and effective manner. Importantly, a made neighbourhood plan can, in some cases, provide for certainty in areas where there may otherwise be an absence of up-to-date policy”. The examiner also considered the role of emerging policies: “it makes good sense for neighbourhood planners to understand and have a mind to how the neighbourhood plan fits with the emerging strategic policies of the development plan and be able to clearly explain the rationale for any significant differences, should there be any.” This enables policies to “come forward in advance of, but not blind to’, the emerging CWC Local Plan’s vision, spatial strategy and policies.

Collaborative working with LPA

The Examiner noted the “significant and sustained collaborative working between the Council and the neighbourhood plan makers. Cheshire West and Chester Council held membership of the Steering Group established by the Parish Council…the officer support this provided ‘went over and above the call of duty’ and was of huge benefit to the Neighbourhood Plan.

Raising awareness of the neighbourhood plan

Examiner: “The wide range of events – including a beer festival and a garden fete provided for significant advanced publicity and the approach encouraged public involvement from an early stage”.

Consultation: Examiner: The Parish Council and Steering Group hosted a ‘rave’, with attendees required to fill in a

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Involvement of young people

questionnaire prior to entry. The rave was very well attended and 63 completed responses were received”.

Design of document Examiner: “Its overall design, along with the inclusion of interesting and attractive photographs, helps to provide a document which holds the attention and is easy to follow”…”the overall approach is…logical, simple and user-friendly.”

Supporting text The Examiner considered it provided “useful, relevant and interesting context for each policy…it refers to national and local policy and provides a separate section headed ‘Community Feedback’”.

Inclusion of recommendations for stakeholders in the delivery section not related to the development and use of land

The Delivery section refers to encouraging interventions by other stakeholders while the policies in the main body of the plan relate only to land use and development.

Examiner: “When plan making at the neighbourhood level, where aspirations can be wide-ranging, it is often difficult to ensure that all policies relate only to land use and development.” Referring to the Delivery section: “this is an appropriate way in which to ensure that policies remain focussed on land use and development, without losing sight of important local issues raised during the plan making process”.

Housing policy In the absence of a current, adopted policy setting out housing supply for the whole local authority area, the Neighbourhood Plan does not seek to determine the overall quantum of houses to be built within the neighbourhood area during the plan period. Rather, its emphasis is on influencing HOW housing will be delivered.

No housing allocation

Objections were received – mainly from housebuilders – regarding the absence of any land allocations in the Neighbourhood Plan or an overall housing requirement

Examiner: There is no legislative requirement for neighbourhood plans to set their own housing numbers or to allocate land for development. The Plan does not place a limit on the total quantum of housing to be built in the neighbourhood area.

Cap on the size of housing developments permitted within or immediately adjacent to the built-up area of Tattenhall

The Plan seeks to limit housing developments to 30 homes. The 30 limit was opposed by developers on various grounds including the scale of housing need; would result in the unsustainable use of land, larger developments would generate more planning contributions and conflict with the NPPF.

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Examiner: The neighbourhood plan seeks to provide for housing growth, whilst preserving what makes the neighbourhood area special. He considered that the approach would not prevent the plan from realising the overall growth that is necessary in the area. He also believed that a development of up to 30 homes could be designed in a way to use land sustainably and would be deliverable. The 30 threshold was seen as appropriate because the Plan had been subject to a comprehensive and open consultation process. This showed that the community wished to see housing growth which is incremental and which harmonises with and respects the existing character of the area. “The community is exercising its power to prevent housebuilding from being a mere exercise in meeting housing growth numbers.” He believed the policy would prevent the addition of large scale housing estates, more typical of suburban developments, on the edge of Tattenhall. This was in line with the NPPF which requires policies to recognise housing growth and respond to local character and reflect the identity of local surroundings. He observed that the NPPF also stated that neighbourhood planning helps to ensure local people can “get the right types of development for their community”. Regarding planning contributions he considered schemes of up to 30 homes will still be able to deliver some public benefits.

Retaining the overall shape of Tattenhall village

Examiner: He considered this created a contradiction as the overall shape cannot be maintained whilst providing for managed housing growth. As a result, he recommended the wording was changed to read “maintain Tattenhall village’s strong and established sense of place”.

Representing heritage assets on a map

While the Examiner stated that this omission didn’t mean the Plan would fall foul of meeting the Basic Conditions, he observed the limited presence of informative mapping and believed such a map would add to the overall quality of the neighbourhood plan.

Employment policy Taking into account the impacts on local character, highway safety and residential amenity, the neighbourhood plan supports the conversion of existing buildings for employment uses, the small-scale expansion of existing premises and small-scale new build development within, or adjacent to Tattenhall and hamlets in the neighbourhood area.

Examiner: This approach allows for the “measured, sustainable growth of business space”. He noted the policy would not allow for major new employment in the Parish but this would be better suited to the main urban area. The policy would, however, provide for local employment growth.

A community goal: the re-opening of Tattenhall Road Railway Station

The Examiner commended the neighbourhood plan for identifying this as a “community goal” recognising the community’s aspiration but holds back from identifying it as a policy which might not be deliverable. He noted that the neighbourhood plan would not be able to demonstrate there was a sound funding basis for bringing forward such a major development but retaining reference to the project in the plan meant it was not lost sight of and could potentially be picked up in other ways, outside of the neighbourhood planning process.

Local Green Spaces 2 of the local green spaces allocated by the plan had been incorrectly identified.

The Examiner recommended the spaces should both be deleted but that possible replacement sites showing accurate boundaries could be subject to negotiation by the appropriate parties.

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LYNTON AND LYNMOUTH

Clarification meeting The Examiner decided that certain aspects of the Plan needed to be clarified but this didn’t require a formal hearing to be held.

Scope of Examiner’s recommendations

The “recommendations focus on the policies (rather than the supporting text) because the basic conditions primarily relate to the plan’s policies.” The Examiner made suggestions of amendments to other (non-policy) parts of the Plan for the Town Council and NPA to consider. The Local Planning Authority has powers to make corrections if they are considered appropriate before the plan is finalised.

Natural England representation

Their representation raised the “potential for likely significant effects” of the Plan on otter holts and on bryophytes and the “potential for likely significant effects” on internationally designated nature conservation sites.

Examiner: “It seems to me from reading the Habitats Regulations Assessment that the assessment was carried out properly and thoroughly…the assessment found, among other things, that the policies in the Plan were unlikely to cause significant effects on important heathland or woodland habitats. The possibility of increased human access into the countryside was considered.” He noted that the policies which were concerning Natural England already contained sufficient safeguarding provisos, e.g. proposals should be refused which may significantly harm the rural landscape.

Criteria based policies

Nearly all the plan’s policies contain criteria against which proposals for development are to be assessed. The Examiner was concerned that it was unclear in many cases whether a development proposal would have to meet all the criteria or only one, or perhaps some but not all.

Examiner: “The policies would not provide clear guidance for developers seeking planning permission or planning officers considering a planning application. The imprecision would also likely cause unproductive argument between parties involved in planning appeals”. In many cases, the Examiner found that the issue could be resolved by inserting the word “and” or the word “or” to show whether the criteria are meant to be applied all together (inclusively) or as alternatives (exclusively).

“not supported” vs “will not be permitted”

The phrase “not supported” was considered by the Examiner to be unsuitably weak and the wording “will not be permitted” was clearer and preferable. Non support was believed to have overtones of a neutral stance.

BROUGHTON ASTLEY

The hearing Examiner: “For a party to arrive at a neighbourhood plan hearing with the aim of challenging the process and/or legislation itself, or of seeking to raise new matters, seems to sit outside the very spirit of neighbourhood plan hearings…the intentional raising of new matters, outside the scope of the hearing as set out by the independent examiner, or the questioning of neighbourhood planning legislation itself, introduces unnecessary confusion and worry for those people (local residents and volunteers) for whom simply appearing at a hearing is already difficult enough”.

Publication of evidence base

Examiner: “Broughton Astley Parish Council published all the evidence considered in relation to the production of the Broughton Astley Neighbourhood Plan on its website. This amounts to some 171 separate files. It is a

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comprehensive, useful and well-ordered database.”

Early stakeholder consultation

“A stakeholder consultation meeting was held with 36 people attending. Amongst others, there were representatives from Harborough District Council, Leicestershire County Council, neighbouring Parish Councils and other bodies, including the police, volunteer groups and businesses. In addition, 5 developers were presented.” This Examiner considered this represented a broad range of stakeholders. The results of the meeting were subsequently published.

Sustainability workshop on (24) potential sites identified in the LPA’s Strategic Housing Land Availability Assessment (SHLAA)

Participants were asked to consider the sustainability of all potential development sites listed in Harborough District Council’s Strategic Housing Land Availability Assessment (SHLAA) and arising from the ‘Call for Sites’ in 2012. A Chartered Town Planner, appointed via Planning Aid, provided a detailed profile of each site. The community provided a ranking of the criteria it considered to be the most important in assessing the sites; considered the pros and cons of each site including which might be suitable for development and identified which green spaces and heritage sites should be protected from development. The results of the workshop were collated and published.

Examiner: the event produced “significant results” which allowed the Parish Council to develop its assessment criteria, rank proposed development sites and map which assets should be protected from development.

Site allocations – role of public opinion

There were objections to the choice of allocations as they were based on “the expression of public opinion”.

Examiner: “It was established that, whilst significant weight was given to the views of consultees, a range of other factors were also taken into account in determining the final allocations”. He considered it reasonable that the policies of a neighbourhood plan should be largely based on the views of local people and such an approach accorded with the NPPF.

Structure of document

The Examiner found that the structure of the Neighbourhood Plan was very clear with the non-policy sections separated and distinctive from those sections containing policy. Further, he found that within the policy sections there was a clear distinction between the policies and justification.

Housing Some objectors felt the Plan could be more ambitious with regards housing numbers. There was also criticism that the provision was lower than the locally identified housing requirements.

The Examiner noted that the Core Strategy requires at least 400 dwellings to be provided in the settlement and the neighbourhood plan allocates two sites – one for 310 homes, the other for 190 homes, making a total of 500 in excess of the CS requirement. The Plan had also identified a reserve site for 28 homes. As the housing requirement had been tested through the CS and was being reviewed through an emerging Local Plan, this was the appropriate arena for testing the housing requirement and not the Neighbourhood Plan.

A High Court One objector referred to a High Court judgement relating to a housing site elsewhere in the country and

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Judgement considered it to be so important that the Neighbourhood Plan failed to meet the Basic Conditions.

Examiner: The Basic Conditions tests do not require examination of neighbourhood plans against high court judgements.

Reserve Site An objector stated the Reserve Site should provide for more than 28 dwellings.

The Examiner considered that the two housing allocations were already well in excess of the CS housing requirement and no evidence had been provided to demonstrate these allocations were unlikely to deliver the majority of housing indicated by the Plan.

Allocation of land for a new supermarket of 20,000 to 30,000 sq ft.

The Neighbourhood Plan identifies a key issue affecting the community is the lack of a large supermarket to stop unnecessary car journeys to other centres, such as Leicester and to create employment. Objections were received based upon the impact the proposal would have on the existing village centre.

Examiner: He noted that the Core Strategy identified a strategic need for local service provision to grow during the plan period and that there were very limited opportunities for development within or immediately adjoining the village centre. He supported the advantages identified in the Plan of the proposal and that the proposed supermarket was of a size appropriate for a settlement of Broughton Astley. He also noted that the policy provides a degree of protection as the applicant would still be required to undertake the sequential test and prepare an impact assessment in accordance with the NPPF.

Deferral of plan/policy until a retail study is completed

Some objectors to the supermarket proposal argued the policy or plan should be deferred until results of a retail study had been published.

Examiner: There was no basis for him to delay proceedings on the basis of information not yet available and argued this wouldn’t accord with the NPPF which encourages sustainable development “without delay”.

Provision of new healthcare facilities

The Neighbourhood Plan states the first preference for improved facilities will be to consider extending, upgrading or re-locating within the village centre. The policy also allocates land for the construction of a healthcare facility as part of the two site allocations. However, evidence was presented to the examiner which showed that an extension or upgrade would be insufficient and no appropriate development site existed within the village centre.

Examiner: He considered that the policy didn’t have sufficient regard to the NPPF’s requirement for the planning system to ensure that sufficient land of the right type is available in the right places and at the right time to support growth. The Examiner considered that ‘Site 1B’ was the most suitable site for a healthcare facility as it was centrally located in the village and convenient and accessible to meet the needs of local people.

Local Green Space proposal – Clump Hill

Objections were made about the identification of Clump Hill as a Local Green Space.

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Examiner: He noted that only a very small number of people identified Clump Hill as being an area worthy of protection. This contradicted the NPPF which stated that Local Green Spaces should be of “particular importance” to the local community. He recommended the site’s deletion from the policy.

New listing of heritage assets

The Examiner noted it was not for neighbourhood plans to give “consideration” to the listing of new assets, as envisaged in the Broughton Astley Plan. Rather, there is an opportunity to identify buildings of local importance or interest. In doing so, there should be evidence setting out why they are locally important. Such a list should be drawn up in consultation with English Heritage.

Glossary of Terms Examiner: “This provides a plain-English explanation of technical planning terms…a valuable inclusion which can only lead to a wider understanding of planning matters.”

NORLAND Inclusion of non

planning matters The neighbourhood plan includes matters relating to traffic management, street furniture and pavement replacement which do not fall within the scope of the development and use of land.

Examiner: These matters should be removed to a separate document or placed in an annex to the neighbourhood plan.

Factual error – listing applies to everything within the curtilage of a listed building

This would not apply to freestanding buildings constructed after 1947.

Reference to Article 4 directions

The text erroneously refers to the neighbourhood plan bringing into force a Article 4 Direction: it does not have this power.

Examiner: The Neighbourhood Plan cannot replace other legislative procedures, such as Article 4 Directions.

Structure of plan: policy and non policy

The Plan did not always clearly distinguish between policy, supporting interpretation, background information and non planning matters. Policy becomes mixed with analysis and guidance and the appendices also contain elements of policy.

Examiner: The Plan should be restructured to make clear what constitutes policy, explanatory text, guidance and background information. While overall he considered the number of modifications to the Plan to be high, the essence of the policies would remain.

Use of planning conditions

The Plan seeks the reinstatement of historic features through the use of planning conditions.

Examiner: Reinstatement could only be required where directly relevant to the development in question and in many instances could be unreasonable.

Eccentric buildings Examiner: The term should be defined or deleted from the relevant policy.

Retention of architectural features

The policy encourages, rather than requires the retention of architectural features, a lesser requirement than the Core Strategy.

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Examiner: He noted the NPPF required decisions to be based on an understanding of the significance of heritage assets and recommended that the policy be reworded to require the retention of features that contribute to this significance.

Returning painted brickwork to its natural state

The Plan seeks the use of planning conditions to return painted brickwork to its natural state where planning permission is granted for development. The policy refers to alternative colours of stucco being permissible if “all owners are agreed”.

Examiner: The term “development” is too wide in scope and undermines the ‘significance’ based approach in the NPPF by applying a blanket approach. This could lead to conditions being deemed unreasonable. “If all owners are agreed”: there is no legal scope for planning decisions to be made in this way. He recommended the deletion of conditions being imposed requiring the return of painted brickwork to its natural state where development is permitted and the phrase “if all owners are agreed”.

Outbuildings not for living accommodation

The explanatory text to a policy states that outbuildings cannot be used as living accommodation.

Examiner: He considered this needed to be clarified as such buildings would normally be ancillary to the residential use of the site. The text should be reworded to make clear it refers to the creation of a separate dwelling.

A Guide to the care and maintenance of stucco: Appendix D

The Examiner believed the status of this section of the Plan was unclear. It needed to be set out whether it was intended to form guidance, aid the defining of significance of heritage assets or related to particular policies in the plan.

Documents

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