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which has not been withdrawn.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.