Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
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been withdrawn.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.
N/A
Publication date: 22/09/2022
Date of decision: 20/09/2022