1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

2.   INTRODUCTION AND BACKGROUND

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.  The 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 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.  Maidstone Borough Council facilitated a second 6-week public consultation (Regulation 16) between 14 June and 26 July 2019.  In accordance with the agreed neighbourhood planning protocol, the Council submitted representations during both consultations: the first under the delegated authority of the Head of Planning and Development, and the second by agreement of this Committee at its meeting of 9 July 2019.

2.4     The appointment of an independent examiner was agreed with the Parish Council, and Derek Stebbing (of Intelligent Plans and Examinations) was appointed through the Council’s procurement waiver signed by the Director of Finance and Business Improvement.  The Marden Neighbourhood Plan and supporting documents, together with all representations received, were forwarded to the examiner who dealt with the examination through written representations, concluding that a public hearing was not necessary.  The examiner’s report was received on 14 October 2019 and has been published on the Borough and Parish Councils’ websites (see background document 1).

2.5     The examiner concluded that:

“The Marden Neighbourhood Plan has been duly prepared in compliance with the procedural requirements.  My examination has investigated whether the Plan meets the Basic Conditions and other legal requirements for neighbourhood plans.  I have had regard for all the responses made following consultation on the Neighbourhood Plan, and the supporting documents submitted with it.”

“I have made recommendations to modify a number of policies and other matters to ensure that the Plan meets the Basic Conditions and other legal requirements. I recommend that the Plan, once modified, proceeds to referendum.”

2.6     Twenty modifications have been proposed in the examiner’s report (background document 1).  These do not alter the direction of the Marden Neighbourhood Plan, but provide clarity and ensure that policies and text are compliant with the basic conditions, relevant legislation, national policy and the strategic policies of the adopted Maidstone Borough Local Plan.    The examiner’s recommended modifications have been incorporated into the final Marden Neighbourhood Plan attached at Appendices 1-3.

2.7     In accordance with neighbourhood planning regulations[1], the local planning authority is required to make a decision on what action to take in response to the examiner’s recommendations.

2.8     In order to proceed to referendum, a local authority must be satisfied that a neighbourhood plan meets the basic conditions[2]:

·         The neighbourhood plan has regard to national policies and advice contained in guidance issued by the Secretary of State;

·         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 polices contained in the development plan for the area of the authority;

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

·         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 plans.

Regulation 32 of the 2012 Regulations[3] prescribes a further basic condition for a neighbourhood plan, which requires that 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.

2.9     It is for this Committee to decide whether to accept the examiner’s report (with or without modifications), to decline to accept the report, or to accept the report (with or without modifications) together with further modifications the Council deems necessary.  If the Committee is satisfied that the Marden Neighbourhood Plan:

·         Meets the basic conditions;

·         Is compatible with the European Convention on Human Rights; and

·         Complies with statutory requirements set out in the Town and Country Planning Act 1990 (as amended), or would do so with modifications,

then the Committee must decide to move the neighbourhood plan to local referendum.

3.   AVAILABLE OPTIONS

3.1     Option A: The Committee agrees the recommended modifications outlined in the examiner’s report, together with the two factual modifications, and moves the Marden Neighbourhood Plan to local referendum.

3.2     Option B: The Committee agrees to decline the Examiner’s report recommendations, and moves the Marden Neighbourhood Plan to local referendum without any modifications being made.

3.3     Option C: The Committee does not agree to move the Marden Neighbourhood Plan to local referendum.

4.   PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

4.1     The Committee is recommended to agree Option A and to move the Marden Neighbourhood Plan, as modified, to local referendum.  If the local authority is satisfied that the statutory requirements have been met, then it must move the plan to referendum.  It is deemed that the Marden Neighbourhood Plan has met the prescribed legislative requirements and there are no reasons to reject the examiner’s proposed modifications, which ensure that policies have clarity and are compliant with national policy.  Following a successful referendum (more than 50% of people who cast their vote approve the plan), the neighbourhood plan forms part of the Maidstone Development Plan and must be made (adopted) by Council.

4.2     To not move the Marden Neighbourhood Plan to local referendum would prevent any further progress to the current neighbourhood plan, and could compromise the good working relationship that officers have with Marden Parish Council.  The decision notice must set out the reasons for not moving the plan to referendum, and it would be open to challenge.  The statutory steps to be followed in this case are set out in the Town and Country Planning Act 1990, Schedule 4B, paragraph 13; and Regulation 17A of the Neighbourhood Planning (General) Regulations 2012 (as Amended).

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 under section 4.  Officers are satisfied that the risks associated are within the Council’s risk appetite and will be managed as per the policy.

6.       CONSULTATION RESULTS AND PREVIOUS COMMITTEE FEEDBACK

7.       NEXT STEPS: COMMUNICATION AND IMPLEMENTATION OF THE DECISION

7.1     The decision of this Committee will be published, and those who requested to be advised of the publication of the decision will be notified.  Officers will work with Electoral Services to arrange a local referendum, in accordance with The Neighbourhood Planning (Referendums) Regulations 2012.  Subject to the outcome of the referendum, a report on the results will be brought back to this Committee and, if successful, a recommendation to Council to make the neighbourhood plan will be sought.

8.        REPORT APPENDICES

·         Appendix 1: Marden Neighbourhood Plan 2011-2031

·         Appendix 2: Marden Neighbourhood Plan Annex 1 – Further Actions Plan

·         Appendix 3: Marden Neighbourhood Plan Annex 2 – Floodplain Map

9.        BACKGROUND PAPERS

·         Background Document 1: Examiner’s Report on the Marden Neighbourhood Plan http://www.maidstone.gov.uk/__data/assets/pdf_file/0004/311539/Marden-NP-Final-Examiner-Report.pdf