That the neighbourhood plan area (please see Appendix A), as
proposed by Vale of Allen Parish Council (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the submission of representations which has not been withdrawn.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 relevant Portfolio Holder (Cllr Bartlett,
Portfolio Holder for Planning and Emergency Planning) is consulted.
The Neighbourhood Planning (General) (Amendment) Regulations 2015 includes 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 Vale of Allen Parish Council Area application was first published on 6 May 2025, over 11 weeks have now elapsed, and the Council needs to 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 been met and a decision should be made without delay.