Decision details

That the Bradford Abbas & Clifton Maybank neighbourhood plan area, as proposed by Bradford Abbas Parish Council, be designated.

Scheme of delegation

Under the Officer Scheme of Delegation (April 2019), the Executive Director of Place has the power (138) “To undertake all action in relation to any function of the Council concerning neighbourhood planning” including 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.

This power only applies, however, when there is insufficient time to have the matter considered by the relevant committee as part of the normal committee cycle; the Council is legally obliged to approve the designation; and/or there has been no objection to the proposal submitted to the Council within any relevant time for the submission of representations which has not been withdrawn.

This power (138) with conditions / limitations has been delegated to the Community Planning Manager though the Local Scheme of Nomination for Planning Services (29 April 2022).

A six-week public consultation has now concluded with no objection to the proposal having been received. The conditions within the Officer Scheme of Delegation / Local Scheme of Nomination have now been met and a decision should be made without delay.

Proposed Area

A proposed Bradford Abbas and Clifton Maybank Neighbourhood Area has been submitted by Bradford Abbas Parish Council. The application includes consent from the representatives of Clifton Maybank Parish Meeting.

As part of the designation process a minimum 6-week consultation period is required when the

area application is not wholly covered by a parish council, in order to give interested parties, the opportunity to make comments.

The proposal was subject to consultation, held between the 5 August to 16 September 2022, a period of six weeks.

At the close of consultation seven responses had been received. Three responses were from statutory bodies Natural England, Historic England & National Highways highlighting their areas of specialism and the guidance or support they can offer the Neighbourhood Plan group. A further response from Dorset Council’s Conservation Team reiterated the importance of guidance received by Historic England and expanded on local heritage expectations. Two responses were received from the adjacent South Somerset District Council and Yeovil Town Council both noting the area application and expressing interest in being kept informed as the Plan progresses. No objection was received from Gloucestershire County Council, Minerals and Waste Team.

Recommendation

A valid application has been received from Bradford Abbas Parish Council with agreed consent by representatives of Clifton Maybank Parish Meeting. This means the Council must designate a neighbourhood area. Because the proposed Neighbourhood Area includes Clifton Maybank, which is not administered by a Parish Council, the application has triggered a requirement for a six week public consultation. As no objections to the proposal have been received, a decision on the area designation should now be made without delay. On this basis it is recommended that the area proposed by Bradford Abbas Parish Council, be approved.

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’.

Although the Parish of Bradford Abbas does contain the Babylon Hill Retail Park located on the eastern periphery of Yeovil the vast majority of the land in Bradford Abbas and Clifton Maybank is residential or rural in nature. On this basis, it is not considered appropriate to designate the neighbourhood area as a business area.

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