Decision details
That the neighbourhood plan area following the parish boundaries of Over Compton, Nether Compton, Sandford Orcas and Trent, as proposed by Queen Thorne Parish Council, be designated.
Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
Reasons
Neighbourhood Area designation
Dorset Council has received a neighbourhood plan
area application from Queen Thorne Parish Council (West Dorset area).
Neighbourhood Planning (General) and Development
Management Procedure (Amendment) Regulations 2016, Regulation 5A states that
where:
a)
a
local planning authority receives an area application from a parish council;
b)
the
area specified in the application consists of the whole of the parish council’s
area; and
c)
if
any part of the specified area is part of a neighbourhood
plan area, none of that neighbourhood area extends
outside the parish council’s area;
the local planning authority must exercise their
powers under section 61G of the 1990 Act to designate the specified area as a
neighbourhood plan area.
Regulation 5A also states that where
this regulation applies, regulations 6 and 6A (which require consultation) do
not apply.
These provisions are summarised
in Paragraph 032 (Reference ID: 41-032-20170728) of the neighbourhood
planning section of the national Planning Practice Guidance (PPG). This states:
“Where a parish
council applies for the whole of the area of the parish to be designated as a neighbourhood area, the local planning authority must
designate the whole of the area applied for. This includes where a parish
applies to extend its existing neighbourhood area to
its parish boundary. Exceptions to this are where the area applied for:
·
has already been designated
as a neighbourhood area which extends beyond the
parish boundary; or
·
forms part of another
application that has not yet been determined.”
Other provisions in the 2016 Regulations
also indicate that in the circumstances outlined above, there is no requirement
for a local planning authority to consult on the proposed neighbourhood
plan area. However, the responsibility for designation still rests with the
Council.
In the case of Queen Thorne, the Parish
Council has applied for the whole of the group parish to be designated as a neighbourhood area and none of the exceptions in Paragraph
032 of the neighbourhood planning section of the PPG
apply. Under the 2016 Regulations there is, therefore, no requirement to
consult on the application and the Council “must
designate the whole of the area applied for”.
Scheme of delegation
Under the officer scheme of delegation (April
2019), the Executive Director of Place has the power to “make a final
determination as to whether to designate a neighbourhood plan area and/or make
such an area a business area”.
The
Local Scheme of Nomination sets out which functions have been nominated by the
Executive Director of Place and any conditions or limitations. This includes
the power “to designate neighbourhood plan areas (where the Council must
exercise its powers to designate the specified area applied for as a
neighbourhood plan area) and neighbourhood forums”. The only condition /
limitation is that the “Ward members and the relevant Portfolio Holder being
informed”.
Options
As
a valid application has been received from Queen Thorne Parish Council the
Council must designate a neighbourhood area.
Business Area
Section 61H of the Town and Country
Planning Act 1990, as amended by the Localism Act 2011, requires that when
designating a neighbourhood area, a local planning
authority should consider whether the area concerned should be designated as a
business area. If a business area is designated, local businesses would have
the opportunity to be more involved in the formation of the neighbourhood
plan and would get an opportunity to vote (alongside registered electors) in
the later referendum on whether the neighbourhood
plan should come into force. However, this section of the Act also makes it
clear that a neighbourhood area should only be
designated as a business area if it is “wholly or predominantly business in
nature”.
Since
Queen Thorne Group Parish is largely rural in nature, it is not considered
appropriate to designate the neighbourhood area as a business area.
Decision:
That
the neighbourhood plan area following the parish
boundaries of Over Compton, Nether Compton, Sandford Orcas and Trent, as proposed by Queen Thorne
Parish Council, be designated.
It
is not proposed to designate the Queen Thorne neighbourhood
area as a business area.
Scheme of
delegation (April 2019) delegation No 138, additional delegations to the Executive Director, Place.
Publication date: 10/07/2019
Date of decision: 10/07/2019