Blakeney Neighbourhood Plan |
|
Executive Summary |
The purpose of this report is to formally “make” the Blakeney Neighbourhood Plan as part of the statutory Development Plan for North Norfolk. The Plan was subject to independent examination and successful referendum on the 14th September 2023. The Council has a legal duty to “make” the neighbourhood plan within 8 weeks of the day after the referendum (10th November 2023) was held unless it considers that doing so would breach European Union Obligations.
|
Options considered. |
1. Bring the Referendum version of the Blakeney Neighbourhood Plan, into effect as soon as practical and within the 8-week time frame. This would mean that the Blakeney NP forms part of the Council’s statutory Development Plan for North Norfolk and be a material consideration in the determination of planning applications in the identified Blakeney Neighbourhood Plan Area.
2. To not bring the Blakeney Neighbourhood Plan into effect. This would mean that the Neighbourhood Plan would not form part of the Development Plan for North Norfolk and would not become a material consideration in the determination of planning applications.
|
Consultation(s) |
Earlier iterations of the Neighbourhood Plan have undergone public consultation under Regulation 14 and 16 of the Neighbourhood Planning (General) Regulations 2012 (as amended). The submitted version of the neighbourhood plan has undergone independent examination and the final modified version has been subject to a public referendum in accordance with Paragraph 12(4) of Schedule 4B to the Town and Country Planning Act 1990 on the 14th September 2023.
|
Recommendations |
1. Members of the Planning Policy & Built Heritage Working Party recommend to Cabinet that having been subject to successful local referendum;
a. The Blakeney Neighbourhood Plan be made (brought into force) as part of the statutory Development Plan for North Norfolk in accordance with section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended) as soon as practical and within the 8 week statutory time frame;
b. The issuing of the Decision Statement required under Regulation 19 of the Neighbourhood Planning (General)
Regulations 2012 (as amended) in order to bring to the attention of the qualifying body, the people who live, work and or carry out business in the Neighbourhood Plan Area is delegated to the Assistant Director of Planning in conjunction with the Planning Policy Team Leader;
2. Acknowledge that the required consequential amendments to the adopted policies map and the required minor consequential changes to the referendum version of the neighbourhood plan through delegated powers to the Planning Policy Team Leader. |
Reasons for recommendations
|
All Neighbourhood Development Plans are required to gain a majority of those voting in favour (50% plus) at a local referendum in order to proceed and be considered for adoption by the Local Planning Authority. If the Plan receives a positive result, then the local planning authority has a legal duty to bring the plan into force within an eight-week period following the day after the referendum was held, unless it considers that doing so would breach European Union Obligations.
The Blakeney Neighbourhood Development Plan is considered to meet the basic conditions set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990 (as amended) and be compatible with EU obligations as incorporated into UK law and the Convention rights and complies with relevant provision made by or under Section 38A and B of the Planning and Compulsory Purchase Act 2004 (as amended).
|
Background papers
|
Further supporting evidence, The Referendum version of the Blakeney Neighbourhood Plan, the examiners report and associate notices can be found for reference at Home | Blakeney Neighbourhood Plan (north-norfolk.gov.uk) |
Wards affected |
Blakeney |
Cabinet member(s) |
Cllr Andrew Brown, Portfolio holder for Planning |
Contact Officer |
Neighbourhood Plan Lead: - Iain Withington, Planning |
Corporate Plan: |
Developing our communities |
Medium Term Financial Strategy (MTFS)
|
N/A |
Council Policies & Strategies |
Adopted and emerging Local Plan/ Development Plan |
Corporate Governance: |
|
Is this a key decision? |
No |
Has the public interest test been applied
|
No |
Details of any previous decision(s) on this matter
|
N/A |
Minutes:
i. The PPM introduced the officer’s report and outlined the stages the Blakeney Neighbourhood Plan had progressed through. He advised that there were two policy areas of interest: principal residence restriction, and affordable housing requirements.
The principal residence restriction, the first of its kind in the district, applied to new dwellings. This restriction ensured that new dwellings built would have the restriction applied to the planning permission, thereby preventing the dwelling from being built and used as a second home. The affordable housing requirement introduced a provision that affordable housing be made available solely to people with a local connection. A local connection being defined as people who live in the village or one of the adjacent parishes.
The PPM advised that, by contrast, North Norfolk District Council on rural exceptions development applied the local lettings restrictions. On allocated sites the affordable housing delivered was made available for general lettings. The general lettings principal was important given affordable housing was not built out in every community, and it may otherwise be restrictive to those on the housing waiting list.
Further, the PPM considered that the local housing restriction applied to Blakeney would not be suitable for bigger communities where lots of affordable housing was to be provided.
ii. The Chairman noted the Neighbourhood Plan’s tight timeline for adoption and acknowledged the upcoming Wells-next-the-sea Neighbourhood Plan. He asked if the Wells Neighbourhood Plan may include features of the Blakeney Plan.
iii. The PPM advised he was aware that the Blakeney Plan would be looked at by other rural coastal communities, particularly the principal residence restriction being used to limit second homes. The restriction would not apply to those properties already in use as a second homes, or those properties already in situ from becoming second homes. The PPM advised the Council had considered this restriction in its Local Plan preparation’s but decided it would not be an effective mechanism for limiting second homes as it would have a limited scope.
iv. Cllr J Toye asked that Development Committee reports make clear when an application may be subject to restrictions of a Neighbourhood Plan.
v. The PPM confirmed details of the Neighbourhood Plan policy context would be provided, along with efforts to resolve policy conflict, and weight to be attributed to such policies. Neighbourhood Plans were expected to align with Local Plans; therefore, the areas of differences were considered to be marginal.
vi. The Local Member – Cllr V Holliday – acknowledged the tremendous community support for the Plan with 90% of voters supporting its adoption. She noted that 100% of the local population was for affordable housing for local people specifically, and 78% agreed with limiting second homes. There was further strong sentiment for the infill policy, dark skies, and others.
vii. Cllr N Dixon noted the restrictions identified with interest and acknowledged that the Council would want to monitor the effectiveness of those policies. He commented that the outcome of the monitoring may be of benefit to members when considering and deciding on its own policies. He concluded that there should be no impediment to the making of the Neighbourhood Plan and so proposed acceptance of the officer’s recommendation.
viii. Cllr J Toye seconded the officer’s recommendation.
UNANIMOUSLY RESOLVED by 10 votes for.
1. Members of the Planning Policy & Built Heritage Working Party recommend to Cabinet that having been subject to successful local referendum;
a. The Blakeney Neighbourhood Plan be made (brought into force) as part of the statutory Development Plan for North Norfolk in accordance with section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended) as soon as practical and within the 8 week statutory time frame;
b. The issuing of the Decision Statement required under Regulation 19 of the Neighbourhood Planning (General)
Regulations 2012 (as amended) in order to bring to the attention of the qualifying body, the people who live, work and or carry out business in the Neighbourhood Plan Area is delegated to the Assistant Director of Planning in conjunction with the Planning Policy Team Leader;
2. Acknowledge that the required consequential amendments to the adopted policies map and the required minor consequential changes to the referendum version of the neighbourhood plan through delegated powers to the Planning Policy Team Leader.
Supporting documents: