Decision details
Neighbourhood Plan - Weymouth
Decision Maker: Officer Delegated Decision
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Purpose:
Reason
for Decision
Dorset Council has received a neighbourhood plan
area application from Weymouth Town Council.
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 Weymouth
Town Council, they are a qualifying body applying for the whole of their parish
area to be designated and none of the exceptions in Paragraph 032 of the
neighbourhood planning section of the PPG apply. Weymouth Town Council do
however have an existing Neighbourhood Area already designated in their area
(the Sutton Poyntz NP area) inherited from the former
Sutton Poyntz Society (a NP Forum). The Neighbourhood
Forum ceased on the 1st April 2019 with all Neighbourhood Planning
responsibility transferred to Weymouth Town Council at that time. The Sutton Poyntz NP was ‘made’ on 5th May 2020 with the
Sutton Poyntz area no longer required to progress
this plan. Their proposed application is therefore in effect an extension to
their existing Neighbourhood Area up to its full parish boundary and a change
in its name from Sutton Poyntz to Weymouth. PPG,
paragraph 032 specifically mentions and supports this scenario with two
exceptions of which neither applies.
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 (April 2019) 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”.
Alternative
options considered and rejected
As
a valid application has been received from Weymouth Town 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”.
Although
the proposed Weymouth neighbourhood area contains a town centre and several industrial
estates (Mount Pleasant Business Park), it also includes areas of residential
development and significant areas of countryside and on this basis
it is not considered appropriate to designate the neighbourhood area as a
business area.
Decision:
Decision
That
the neighbourhood plan area following the parish
boundary of Weymouth, as proposed by, Weymouth Town Council, be designated.
It
is not proposed to designate the Weymouth neighbourhood
area as a business area.
Scheme
of delegation (April 2019) delegation No 138, additional delegations to the Executive Director, Place.
(Decisions included can be executive or
non-executive in nature, depending on the delegation given. Please state if the delegation was granted by
the Cabinet or any other Committee or is detailed within the Scheme of
Delegation in the Council’s Constitution.)
Publication date: 08/07/2020
Date of decision: 06/07/2020