Decision details

That the neighbourhood area, as proposed by Lower Winterborne Parish Council (Group), 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the proposal submitted to the Council within any relevant time for the submission of representations which has not been withdrawn. 

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’. 

The Neighbourhood Planning (General) (Amendment) Regulations 2015 introduces Regulation 6A which requires the authority to determine an area application within 13 weeks from the date immediately following that on which the application was first published. As the Lower Winterborne Neighbourhood Area application was first published on 12 May 2023 the Council needs to make a decision regarding the proposed neighbourhood area by the 11 August 2023. Given no objections were received in respect of the consultation held relating to the proposed neighbourhood area, the conditions within the Officer Scheme of Delegation / Local Scheme of Nomination have been met and a decision can be made.          

Proposed Area 

A proposed Lower Winterborne Neighbourhood Area has been submitted by Lower Winterborne Parish Council (Group). The proposed neighbourhood area includes the parishes of Winterborne Kingston and Anderson but omits the parish of Winterborne Zelston.   

As part of the designation process a minimum 6-week consultation period is required where the proposed area does not align with a parish council boundary, in order to give interested parties the opportunity to make comments. The proposal was subject to consultation from Friday 12 May 2023 to Friday 23 June 2023.  

At the close of the consultation two responses had been received, one from Historic England and the other from Natural England. Neither response raised an objection to the proposed neighbourhood area.  

Recommendation 

As a valid application has been received from Lower Winterborne Parish Council (Group), the Council must designate a neighbourhood area. Generally, in parished areas, the parish boundary is considered to be the most appropriate boundary for a neighbourhood area. In this instance the Parish Council (Group) has included the parishes of Winterborne Kingston and Anderson within the proposed neighbourhood area but has omitted the parish of Winterborne Zelston. No objections have been received to the proposed neighbourhood area. 

On this basis it is recommended that the area proposed by Lower Winterborne Parish Council (Group), 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’. 

The proposed neighbourhood area is largely rural in character and the built development that there is mainly residential or related to agricultural/countryside activities. On this basis it is not considered appropriate to designate the neighbourhood area as a business area.  

N/A