Decision details

To amend the Knightsford Neighbourhood Area (comprising of Tincleton, West Knighton, West Stafford and Woodsford) to reflect changes made to the parish boundary in April 2024 arising from a Community Governance Review. 

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 2022) sets out which functions have been nominated by the Executive Director of Place and any conditions or limitations. This includes 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 conditions/limitations are ‘Provided that this does not include power to make: (i) a final determination as to whether to designate a neighbourhood plan area unless in his/her opinion: 

    (A) there is insufficient time to have the matter considered by the relevant committee as part of the normal committee cycle;  

    (B) the Council is legally obliged to approve the designation; and/or  

    (C) 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the proposal submitted to the Council within any relevant time for the submission of representations which has not been withdrawn;’ 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 Neighbourhood Planning (General) Regulations 2012 (as amended) state under regulation 5A that where a local planning authority receives an area application from a parish council; the area specified in the application consists of the whole of the parish council’s area; and if any part of the specified area is part of a neighbourhood 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 area. Regulation 5A paragraph (3) clarifies that in these circumstances there is no requirement to consult.  

The conditions within the Officer Scheme of Delegation / Local Scheme of Nomination have been met and a decision can be made. 

(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.) 

Neighbourhood Area designation 

Dorset Council has received a revised neighbourhood area application from Knightsford Parish Council. The revised application reflects changes made to the parish boundary arising from a Community Governance Review. These changes moved Oakwood in its entirety to West Knighton parish, and 17a, 19 and 19a West Knighton into Broadmayne parish. There was also an additional land transfer (land to the west of the A352) to Winterborne Farringdon parish. 

The Neighbourhood Planning (General) Regulations 2012 (as amended) state under regulation 5A that: 

1. …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 area, none of that neighbourhood area extends outside the parish council’s area. 

2. The local planning authority must exercise their powers under section 61G of the 1990 Act to designate the specified area as a neighbourhood area. 

At the same time regulation 5A paragraph (3) outlines that under the circumstances set out in paragraph (1), above, there is no requirement for a local planning authority to consult on the proposed neighbourhood area. 

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. 

Knightsford Parish Council has applied to have the whole of its parish area designated as a neighbourhood area. The area specified in the application does not extend beyond the Knightsford parish boundary and does not overlap with other neighbourhood areas already designated or applied for and awaiting determination.  

Regulation 5A of the Neighbourhood Planning (General) Regulations 2012 (as amended) therefore applies to the application received from Knightsford Parish Council. To this end there is no requirement to consult on the application and Dorset Council must exercise its powers under section 61G of the Town and Country Planning Act 1990 to designate the Knightsford Parish area as 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 is clear that a neighbourhood area should only be designated as a business area if it is ‘wholly or predominantly business in nature’. 

Since the built-up areas of the Knightsford parish area are predominantly residential in nature, it is not considered appropriate to designate the proposed neighbourhood area as a business area. 

N/A