Contact your Parish Council
STRATEGIC PLANNING AND INFRASTRUCTURE COMMITTEE |
10 March 2020 |
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Lenham Neighbourhood Plan Regulation 16 |
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Final Decision-Maker |
Strategic Planning and Infrastructure Committee |
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Lead Head of Service |
Rob Jarman, Head of Planning and Development |
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Lead Officer and Report Author |
Mark Egerton, Strategic Planning Manager and Sue Whiteside, Principal Planning Officer |
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Classification |
Public |
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Wards affected |
This report particularly affects the wards of Harrietsham & Lenham, Headcorn, Leeds and North Downs.
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Executive Summary |
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The Lenham Neighbourhood Plan (Background Paper 1) has been submitted and published for a second round of public consultation, which runs from 14 February to 27 March 2020. It is the role of the Borough Council to ensure that certain conditions have been satisfied at this stage, and to facilitate the consultation. It is confirmed that the regulatory requirements under Regulations 14 and 15 of the Neighbourhood Planning (General) Regulations 2012 (as amended) have been met during the preparation of the plan.
The Borough Council is also a statutory consultee for the purpose of making representations on the Lenham Neighbourhood Plan. The Committee is requested to consider the Council’s formal response to the consultation, attached as Appendix 1, in accordance with Regulation 16. Following the close of consultation, the submission documents[1] and all representations received will be passed to the independent Examiner for examination into the plan.
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Purpose of Report
Decision.
The Head of Planning and Development has considered the agreed neighbourhood planning protocol in the context of the Constitution, and he has elected not to use his delegated authority at Regulation 16 because it is important that the Committee has the opportunity to have input into a document that becomes part of the Maidstone Development Plan.
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This report makes the following recommendations to this Committee: |
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1. That the Lenham Neighbourhood Plan be generally supported, subject to the resolution of matters raised in the Council’s representation (Appendix 1). 2.
That
the Council’s representation on the Lenham Neighbourhood Plan, attached at
Appendix 1, be approved. |
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Timetable |
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Meeting |
Date |
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Strategic Planning and Infrastructure Committee |
10 March 2020 |
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Lenham Neighbourhood Plan Regulation 16 |
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CROSS-CUTTING ISSUES AND IMPLICATIONS
Issue |
Implications |
Sign-off |
Impact on Corporate Priorities |
It is not expected that the recommendations will by themselves materially affect achievement of corporate priorities but, following a successful examination and referendum, the Lenham Neighbourhood Plan will form part of the Maidstone Development Plan, which will assist in the delivery of the Council’s four strategic objectives. |
Rob Jarman, Head of Planning and Development |
Cross Cutting Objectives |
The report recommendations support the achievement of the four cross-cutting objectives through the Lenham Neighbourhood Plan, which will eventually become part of the Maidstone Development Plan. |
Rob Jarman, Head of Planning and Development |
Risk Management |
Risks are set out in Section 5 of the report. This consultation (Regulation 16) is being run to ensure that the plan meets the requirements of national legislation. |
Rob Jarman, Head of Planning and Development |
Financial |
The proposals set out in the recommendations are all within already approved budgetary headings and so need no new funding for implementation. The costs for consultation (Regulation 16), examination, Referendum and adoption of the Lenham Neighbourhood Plan are borne by the Borough Council. There is a dedicated budget for this purpose, funded by HCLG neighbourhood planning grants. |
Section 151 Officer & Finance Team |
Staffing |
The recommendations can be delivered within current staffing levels. |
Rob Jarman, Head of Planning and Development |
Legal |
Accepting the recommendations will fulfil the Council’s duties under the Town and Country Planning Act 1990, as amended by the Localism Act 2011, the Housing and Planning Act 2016, and the Neighbourhood Planning Act 2017. The recommendations also comply with the Neighbourhood Planning (General) Regulations 2012 (as amended). |
Cheryl Parks Mid Kent Legal Services (Planning) |
Privacy and Data Protection |
Facilitating the consultation will increase the volume of data held by the Council. The data will be held in line with the Council’s data protection policies and the GDPR. |
Anna Collier Policy and Information Manager |
Equalities |
The Council has a responsibility to support communities in developing a Neighbourhood Plan. The Neighbourhood Planning process provides an opportunity for communities to shape a plan that meets the housing needs of its population. |
Anna Collier Policy & Information Manager |
Public Health
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It is recognised that the recommendations will have a positive impact on population health or that of individuals through the policies of the Lenham Neighbourhood Plan. |
Paul Clarke, Public Health Officer |
Crime and Disorder |
There are no implications for Crime and Disorder. |
Rob Jarman, Head of Planning and Development |
Procurement |
The appointment of an independent Examiner from IPE has been made under the procurement waiver signed by the Director of Finance and Business Improvement. |
Rob Jarman, Head of Planning and Development & Section 151 Officer |
1. INTRODUCTION AND BACKGROUND
1.1 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).
1.2 Lenham
parish was designated a neighbourhood area on 27 November 2012. The parish
council undertook a 6-week public consultation on the pre-submission version of
the Lenham Neighbourhood Plan (Regulation 14) between 24 September and 9
November 2018. 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 in response to relevant
issues raised in representations.
1.3 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, i.e. 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.
1.4 The next stage is a
second 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 February to 27 March 2020. The consultation is
being undertaken in accordance with neighbourhood planning regulations, the
Council’s Statement of Community Involvement 2018, and the neighbourhood
planning protocol.
1.5 The full set of
consultation documents for the Lenham Neighbourhood Plan, which are listed in
full below, can be viewed on the neighbourhood plans webpage (Background Papers
1 and 2). For convenience, the Lenham Local Policies Map has been reproduced
at Appendix 2.
LNP1 |
Documents List |
LNP2 |
Lenham Neighbourhood Plan (Regulation 16 Submission Version) |
LNP3 |
Basic Conditions Statement |
LNP4 |
Consultation Statement |
LNP5 |
Strategic Environmental Assessment |
LNP6 |
Masterplanning Report |
LNP7 |
Landscape and Visual Assessment |
LNP8 |
Transport Assessment |
LNP9 |
Archaeological Desk Based Assessment |
LNP10a |
Financial Viability Statement |
LNP10b |
Financial Viability Statement Lenham Typologies |
LNP11 |
Housing Needs Assessment |
LNP12 |
Agricultural Land Quality |
LNP13 |
Health Statement |
LNP14 |
Lenham Neighbourhood Plan (Regulation 14 Draft) |
LNP15 |
Lenham Policies Consultation Draft (Regulation 14 Draft) |
LNP16 |
Lenham Infrastructure Delivery (Regulation 14 Draft) |
LNP17 |
Local Green Space Report (Regulation 14 Draft) |
LNP18 |
Lenham Neighbourhood Plan (Regulation 14 Draft) |
LNP19 |
Lenham Public Statement (Regulation 14 Draft) |
LNP20 |
Lenham Parish Basic Conditions (Regulation 14 Draft) |
1.6 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 Lenham Neighbourhood Plan and accompanying submission documents must be
forwarded to the Examiner, together with all representations received, for the
Examiner’s consideration. Mr Derek Stebbing has been appointed to examine the
plan and, at his request, all submission documents have been forwarded to him
in advance of the close of consultation. The representations will be collated
and forwarded at the end of the consultation. 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.
1.7 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[2];
· 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[3]; and
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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[4].
1.8 At this stage of
the development of the Lenham Neighbourhood Plan 2017-2031 (Regulation 16), the
Borough Council is also a statutory consultee and can submit comments on the
plan for consideration by the Examiner.
1.9 The
Maidstone Borough Local Plan 2017 designates Lenham as a broad location for
housing growth, to deliver 1,000 homes between 2021 and 2031. Specific site
allocations could be made through a local plan review or the production of a
Lenham Neighbourhood Plan. The parish council decided to prepare a
neighbourhood plan and to allocate housing sites in order to deliver 1,000
dwellings in its plan. In addition to making site allocations for residential
development, the plan includes policies on design quality; sustainable travel;
enhancing and protecting green space; employment, community facilities and
tourism; and air quality.
1.10 During the
preparation of the plan, the Council has offered advice and support to the
parish council on matters such as the neighbourhood planning process, the
evidence base, the plan’s regard to national policy, and general conformity
with the strategic policies of the Maidstone Development Plan. The Council has
also assisted with funding, securing a £75,000 HCA grant for transport
planning, and exploring the availability of a free government-funded package to
assist with the preparation of the Strategic Environmental Assessment. Contact
with the parish council has been maintained throughout the plan’s preparation.
The parish council has afforded the Council opportunities to informally comment
on draft iterations of the plan and/or policies, and the parish council has
responded positively to the advice given. However, submission is the
first opportunity that
officers have had to view the final Lenham Neighbourhood Plan and the full
suite of evidence, to enable a formal position on the plan to be taken for this
Committee’s agreement.
1.11 Although there is general support for the plan, subject to the proposed modifications schedule set out in Appendix 1, there are concerns about the robustness of the evidence base and the lack of a strategy to deliver 1,000 homes with supporting infrastructure between 2021 and 2031 (i.e. 100 dwellings p.a. over 10 years), in accordance with the strategic policies of the Maidstone Borough Local Plan, namely:
· Policy SP8 – Lenham Rural Service Centre, in particular criteria 4 and 6;
· Policy H2 – Broad locations for housing growth; and
· Policy H2(3) – Lenham broad location for housing growth.
1.12 These concerns must be addressed. As
an overview, a key omission from the neighbourhood plan is a delivery strategy
for the southern road route. This route requires engagement with the
landowners of non-allocated sites[5],
where the landowners have no direct benefit from the wider neighbourhood plan
allocations and thus limited motivation to engage. It also requires
improvements to inadequate infrastructure. The plan contains no strategy in
relation to, say, land acquisition or funding. This could be addressed, for
example, by some form of Memorandum of Understanding or equalisation agreement
between landowners.
1.13 Site 3 is severed from the main
village by the railway which is a substantial barrier. It is in effect
landlocked, placing a burden on others to deliver infrastructure. The site is
only accessible from the west, with the western Smokey Bridge route
sub-standard due to the constraints of the bridge. Its location and detachment
do not promote sustainable patterns of travel, and it is reliant on the
landowners of other sites for delivery. Hence a delivery strategy is needed.
1.14 It is understood that the owners of
Site 4 have announced that the appeal scheme (to the north of site 4) will not
be amended to widen the access road, so site 4 needs to allow for an access
road capable of delivering the bus route should it be required.
1.15 Land outside of the ownership of
Site 5 is required for the new road connection to the A20. The landowner of
the appeal site to the north of Site 5 could refuse a land deal to facilitate
the A20 junction improvements necessary for the new road, resulting in a
failure of the plan’s Strategic Housing Delivery Sites strategy. Evidence of agreement with the landowner is needed to
demonstrate deliverability of the road, and hence the residential allocation
within the plan period. Otherwise, there is a material risk that the plan
could fail to deliver the required 1,000 units.
1.16 The sports pitches at William Pitt
Field (Site 6) are proposed to be relocated to Site 1, to enable Site 6 to be
redeveloped for housing. There is a lack of justification for their relocation,
particularly given their proximity to housing sites 5 and 7. The relocation
site for the pitches is bisected by PROW KH399A, and its diversion has not yet
been secured. This could take up to 3 years under the Highways Act 1980, and
is not guaranteed to be granted. Sport England has not confirmed whether the
indicative layout of the relocated pitches at Site 1 would be viewed as an
adequate replacement of the William Pitt pitches lost on Site 6.
1.17 Objection is raised to the
designation of Royton Avenue as Local Green Space (LGS) under Policy LGS1(6).
The site does not meet NPPF criteria for the designation of LGS (NPPF paragraph
100), and its designation would set a precedence for similar sites elsewhere in
the borough. In fact, in its Consultation Statement (page 31), the parish
council rejects a proposal to designate this site as LGS. The site is not in
the ownership of Maidstone Borough Council, and officers are not aware of any
engagement that has been undertaken with the landowner.
1.18 Policy DM19 of the Maidstone Borough
Local Plan sets standards for the provision of publicly accessible open space
throughout the borough. Although this is not a strategic policy[6],
the neighbourhood plan should demonstrate how it has had regard to Policy DM19 and
how the public open space levels across all of the Strategic Housing Delivery
Sites have been determined.
1.19 These issues, together with the schedule of additional amendments intended to achieve conformity with national and local policies, and greater clarity and consistency throughout the plan, are set out in the Council’s representation on the plan (attached at Appendix 1). The Committee is recommended to generally support the Lenham Neighbourhood Plan, subject to the resolution of matters raised in the representation, and to approve the Council’s representation attached at Appendix 1.
2. AVAILABLE OPTIONS
2.1 Option A: To not make representation on the Lenham 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.
2.2 Option B: To approve the Borough Council’s representation on the Lenham Neighbourhood Plan, attached at Appendix 1.
3. PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS
3.1 Option B is recommended. Once a neighbourhood plan is the subject of a successful referendum, 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 Lenham Neighbourhood Plan
4. RISK
4.1 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.
4.2 There
are some risks to the examination of the Lenham 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 and/or policies; by ensuring compliance with
regulatory requirements; by raising matters for the Examiner’s consideration
with regard to conformity with the strategic policies of the Maidstone
Development Plan; and by undertaking consultation (regulation 16) in accordance
with the Statement of Community Involvement.
4.3 The
risks associated are within the Council’s risk appetite and will be managed as
per the Council’s policy.
5. CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK
5.1 The Lenham
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 by 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.
5.2 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[7], for his consideration.
6. NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION
6.1 Examination of the Lenham Neighbourhood Plan will be dealt with by written representations and/or 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.
7. REPORT APPENDICES
· Appendix 1: Response to Lenham Neighbourhood Plan R16 Consultation
· Appendix 2: Lenham Local Policies Map (extract from the Lenham Neighbourhood Plan)
8. BACKGROUND PAPERS
· Background Paper 1: Lenham Neighbourhood Plan
· Background Papers 2: Lenham Neighbourhood Plan Submission Documents
[1] Submission documents have been forwarded in advance at the Examiner’s request
[2] For example, the need for a Strategic Environmental Assessment and/or Habitats Regulation Assessment
[3] This applies to the need for an Environmental Impact Assessment for certain development proposals, and is not applicable to the Lenham Neighbourhood Plan
[4] This new Basic Condition came into force on 28 December 2018 through the Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018
[5] Two appeal sites to the north of Sites 4 and 5, as shown on the Lenham Local Policies Map on page 47 of the Lenham Neighbourhood Plan (attached as Appendix 2)
[6] Neighbourhood plans must conform to the strategic policies of the adopted local plan for the area.
[7] Submission documents have been forwarded in advance at the Examiner’s request