Issue - decisions

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.

29/07/2024 - 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.

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the proposal submitted to the Council within any relevant time for the submission of representations which has not been withdrawn;’ 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.)