1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

2.      INTRODUCTION AND BACKGROUND

        The neighbourhood planning process

2.1     Parish Councils and designated neighbourhood forums can prepare neighbourhood development plans, also known as neighbourhood plans, for their designated neighbourhood areas. Neighbourhood plans are required to have regard to national policy and be in general conformity with the strategic policies of the development plan for the area.  Neighbourhood plans go through two rounds of mandatory public consultation before independent examination, local Referendum and being ‘made’ (adopted) by Maidstone Borough Council.  The procedures for designating neighbourhood areas and preparing neighbourhood development plans are set out in The Neighbourhood Planning (General) Regulations 2012 (as amended).

2.2     Marden parish was designated a neighbourhood area on 14 January 2013.  Contact with the parish council has been maintained during the preparation of the Marden Neighbourhood Plan, and officers have offered advice and support to the parish council on a range of issues.  The parish council has afforded officers the opportunity to informally comment on draft iterations of the plan, and it has responded positively to the advice given.

2.3     The parish council undertook a 6-week public consultation on the pre-submission version of the Marden Neighbourhood Plan (Regulation 14) between 9 June and 21 July 2018.  In accordance with the agreed neighbourhood planning protocol, the Council submitted a representation on the plan under the delegated authority of the Head of Planning and Development.  Following consultation, the parish council has amended the plan, as appropriate, in response to all consultation representations.

2.4     When a parish council submits a neighbourhood plan to the Borough Council, the Council has a responsibility to ensure that regulatory requirements have been met: that public consultation on the pre-submission draft plan was carried out in accordance with Regulation 14, and that the submission plan and supporting documentation meet Regulation 15 obligations.  These requirements have been met.

2.5     The next stage is a further public consultation on the submission plan (Regulation 16), prior to the plan’s submission for independent examination.  The Borough Council is responsible for facilitating this consultation and has agreed the consultation dates with the parish council: 14 June to 26 July 2019.  The consultation is being undertaken in accordance with neighbourhood planning regulations, the Council’s Statement of Community Involvement 2018, and the neighbourhood planning protocol.

2.6      The full set of consultation documents for the Marden Neighbourhood Plan can be viewed on the neighbourhood plans webpage at https://www.maidstone.gov.uk/neighbourhoodconsultations  Documents comprise:

·         Submission letter;

·         Marden Neighbourhood Plan;

·         Consultation Statement;

·         Basic Conditions Statement;

·         Basic Conditions Checklist; and

·         Environmental Statement with SEA/Screening Report.

2.7     The Borough Council has a duty to screen the neighbourhood plan in respect of the need for a Strategic Environmental Assessment and/or Habitats Regulation Assessment, and to consult the statutory consultees set out in legislation (Natural England, Historic England and the Environment Agency).  This exercise has been completed, and an SEA/HRA is not required for the plan.

2.8     The Borough Council is responsible for appointing an independent Examiner (in agreement with the parish council) and for arranging the examination following the close of consultation.  The Marden Neighbourhood Plan and accompanying submission documents will be forwarded to the Examiner, together with all representations received, for the Examiner’s consideration.  A neighbourhood plan examination is usually dealt with by written representations, although an Examiner can move to a hearing for more complex plans or issues.

2.9     The Examiner’s role is limited to testing the submitted plan against the ‘Basic Conditions’ tests for neighbourhood plans set out in legislation, rather than considering its ‘soundness’ or examining other material considerations.  It is the role of the local planning authority to be satisfied that a basic condition statement has been submitted, but it is only after the independent examination has taken place and after the examiner’s report has been received that the local planning authority comes to its formal view on whether the draft neighbourhood plan meets the basic conditions.  The basic conditions are met if:

·         Having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the neighbourhood plan;

·         The making of the neighbourhood plan contributes to the achievement of sustainable development;

·         The making of the neighbourhood plan is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area);

·         The making of the neighbourhood plan does not breach, and is otherwise compatible with, EU obligations[1];

·         Prescribed conditions are met in relation to the neighbourhood plan and prescribed matters have been complied with in connection with the proposal for the neighbourhood plan[2]; and

·         The making of the neighbourhood plan does not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017[3].

The Marden Neighbourhood Plan - Representation

2.10 At this stage of the development of the Marden Neighbourhood Plan 2017-2031 (Draft for Regulation 16), the Borough Council is also a statutory consultee and can submit comments on the plan for consideration by the Examiner. 

2.11 The Marden Neighbourhood Plan does not make site allocations for development, but relies on the allocations of the adopted Maidstone Borough Local Plan 2017.  The neighbourhood plan contains policies that conserve and enhance the natural and built environments, which respect the parish’s heritage, biodiversity and environmental sustainability.  The plan includes policies for the conversion of rural buildings, the provision of new farm buildings and accommodation for seasonal workers.  It seeks the retention of community and retail facilities and open space, and encourages the creation of new facilities.  Policies support the expansion of education and healthcare facilities, and sustainable transport links are endorsed.  Support is given to maximising employment opportunities within the parish, and to the development of small-scale Gypsy and Traveller sites.  Policies provide for affordable housing on rural exceptions sites to meet identified local needs, and housing for older people

2.12 The Marden Neighbourhood Plan is inclusive and well-written, and its policies are considered to be in general conformity with the strategic policies of the Maidstone Development Plan.  However, the text of the plan requires correction and/or greater clarification in some areas:

2.13 The Committee’s approval of the Council’s representation on the Marden Neighbourhood Plan, attached at Appendix 1, is sought.

3.   AVAILABLE OPTIONS

3.1     Option A: To not make representation on the Marden Neighbourhood Plan.  The consultation is being run in accordance with the requirements of national legislation, but there is no requirement for the Council to submit a representation on the neighbourhood plan.  However, to follow this option means that the Council’s overall view as the local planning authority is not asserted.  This approach would compromise the Council’s opportunity to inform the Examiner of its position on the plan.

3.2     Option B: To approve the Borough Council’s representation on the Marden Neighbourhood Plan, attached at Appendix 1.

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1     Option B is recommended.  Once a neighbourhood plan is made, it becomes part of the Maidstone Development Plan and is used for development management decisions.  This option affords an opportunity to inform the Examiner of the Council’s position in respect of the Marden Neighbourhood Plan.

5.       RISK

5.1     The risks associated with this proposal, including the risks if the Council does not act as recommended, have been considered in line with the Council’s Risk Management Framework. That consideration is shown in this report at paragraph 3.1.

5.2     There are some risks to the examination of the Marden Neighbourhood Plan if statutory requirements are not met.  These risks have been mitigated by the parish council’s positive response to the constructive advice offered by officers on draft iterations of the plan, by ensuring compliance with regulatory requirements and the strategic policies of the Maidstone Development Plan, and by undertaking consultation (regulation 16) in accordance with the Statement of Community Involvement.

5.3     The risks associated are within the Council’s risk appetite and will be managed as per the Council’s policy.

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

6.1     The Marden Neighbourhood Plan is subject to two rounds of public consultation.  The first (Regulation 14) was undertaken by the parish council in 2018, and the Council’s representation on the plan was submitted under delegated authority to the Head of Planning and Development.  The comments received during consultation, together with the parish council’s responses to the issues raised, are summarised in the Consultation Statement, and the plan has been amended as a result.

6.2     The current consultation (Regulation 16) is facilitated by the Borough Council, and all representations will be collated by the Borough Council and forwarded to the independent Examiner of the plan, together with the submission documents, for his consideration.

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

7.1     Examination of the Marden Neighbourhood Plan is expected to be dealt with by written representations, rather than a hearing, and Maidstone Borough Council is required to pay for the costs of the examination.  Following the examination, the Examiner will issue his report and recommendations.  A report will be presented to this Committee, outlining the Examiner’s recommendations and seeking a decision on whether to move the plan to Referendum.  If more than half of those voting in the Referendum have voted in favour of the plan being used to inform planning applications in the area, the plan will move forward to being made (adopted) by full Council.

8.        REPORT APPENDICES

The following documents are to be published with this report and form part of the report:

·         Appendix 1: Response to Marden Neighbourhood Plan R16 Consultation

9.        BACKGROUND PAPERS

1.   Marden Neighbourhood Plan and Submission Documents
https://www.maidstone.gov.uk/neighbourhoodconsultations

2.   Neighbourhood Planning Protocol
https://meetings.maidstone.gov.uk/documents/s61500/Appendix1%20Neighbourhood%20Planning%20Protocol.pdf