That the neighbourhood plan area, as proposed by Knowlton
Group 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which has not been withdrawn.
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 Wimborne St Giles Area application was first published on 1 April 2021, 13 weeks has now elapsed, and the Council must now exercise its powers to designate the specified area applied for as a neighbourhood plan area. The conditions within the Officer Scheme of Delegation / Local Scheme of Nomination have now been met and a decision should be made without delay.