Decision details

That the Council agrees the minor (non-material) modifications, set out in Appendix A, are made to the Loders Neighbourhood Plan.

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 relating to the making and approval of any neighbourhood development plan, neighbourhood development order and/or community right to build order whether under any Town and Country Planning Legislation or otherwise. 

This power does not apply to the final determination as to whether to formally ‘make’ (adopt) a neighbourhood development plan. However, given this decision relates to agreeing minor (non-material) modifications to a plan that has already been formally ‘made’ (adopted) this limitation in the Officer Scheme of Delegation is not applicable.

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, as set out above, ‘To undertake all action in relation to any function of the Council concerning neighbourhood planning’ including the power relating to the approval of any neighbourhood development plan under any Town and Country Planning Legislation or otherwise. The only condition/limitation is that the relevant Portfolio Holder (Cllr Bartlett, Portfolio Holder for Planning and Emergency Planning) is consulted.

Proposed Area

The neighbourhood plan area for Loders was designated by West Dorset District Council in February 2013. Following significant amounts of consultation and research Loders Parish Council (the Qualifying Body) submitted the Loders Neighbourhood Plan, and associated documents, to West Dorset District Council in July 2015. The submitted plan was subject to consultation, independent examination and then a referendum. The referendum was held on 5 May 2016 and a majority of those who voted in the referendum voted in favour of the plan. Consequently, the neighbourhood plan was formally made by West Dorset District Council on 21 July 2016.

Loders Parish Council has proposed that some minor updates are made to the plan. These are detailed in Appendix A to this report. Officers have considered each of the modifications proposed and consider that they would not affect the policies in the plan. Under the relevant legislation^[1] it is possible for a local planning authority, subject to the agreement of the relevant Qualifying Body (in this instance Loders Parish Council), to make minor (non-material) modifications to a ‘made’ plan without the need to go to consultation, examination or referendum. That is what is proposed in this instance. 

It should be noted that as a result of a Community Governance Review the parish boundary for Loders has changed and, consequently, part of the neighbourhood area now falls within Shipton Gorge Parish. Shipton Gorge Parish Council has agreed to the minor modifications proposed.

Recommendation

Officers have considered the modifications set out in Appendix A and are of the view that they are minor (non-material) modifications that do not need to be subject to consultation, examination or referendum. Consequently, it is recommended that the Council agrees the minor (non-material) modifications.

The Council could choose to not agree to the minor (non-material) modifications proposed. However, officers have considered each of the modifications proposed and are of the view that they are minor (non-material) modifications. Consequently, there is no basis for not agreeing to the modifications that have been proposed by Loders Parish Council.

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