Burghclere Neighbourhood Plan
The Burghclere Parish Neighbourhood Plan 2011-2029 was 'made' at Full Council on 27 May 2021. The Plan now forms part of the Development Plan and will be used to guide planning decisions in the parish of Burghclere. Below are the final versions of:
Hard copies of these documents can be viewed at:
- Basingstoke and Deane Borough Council Offices between the hours of 9am and 12 noon Monday, Wednesday and Friday (Pre-booked appointment required - To book an appointment please call us on 01256 844844 and select option 4 to speak to one of our Customer Advisors).
- Basingstoke Discovery Centre - find the Discovery Centre's normal opening times
- Newbury Library - find Newbury Library's normal opening times.
Please note that as a result of the COVID-19 pandemic opening times may be subject to change and you may be required to book an appointment to view the above documents. It is recommended you check with the respective venue before making a journey to this location.
From 27 May 2021, the Burghclere Neighbourhood Plan is subject to a 6 week period where applications can be made to the High Court on the grounds that the neighbourhood plan is not within the appropriate powers and/or a procedural requirement has not been complied with. This six-week period of legal challenge ends on 9 July 2021.
Paragraph 14 of the National Planning Policy Framework (NPPF) gives additional protection from speculative development to areas with new neighbourhood plans, where all of the following circumstances arise at the time a decision on a planning application is made:
a) The neighbourhood plan has been part of the development plan for two years or less;
b) The neighbourhood plan contains policies and allocations to meet its identified housing requirement;
c)The local planning authority can demonstrate a three-year supply of deliverable housing sites; and
d) The local planning authority had delivered at least 45% of its required number of dwellings over the previous three years (when assessed against the Housing Delivery Test).
It is considered that the Burghclere Neighbourhood Plan meets the criteria in paragraph 14 of the NPPF and has formed part of the development plan from 7 May 2021.
The referendum for the Burghclere Neighbourhood Plan was held on Thursday 6 May 2021. There was a turnout of 46.5%. The results of the poll included; 366 votes in favour (81.6%) and 81 votes against (18.1%). More than 50% of those voting in the referendum voted ‘yes’ and therefore the neighbourhood plan has become part of the statutory development plan for the parish of Burghclere. View the full Burghclere Neighbourhood Plan Referendum result.
Basingstoke and Deane Borough Council agreed to proceed to a referendum on the Burghclere Neighbourhood Plan on 12 May 2020. As required by the Neighbourhood Planning (General) Regulations 2012 as amended, a Decision Statement has been published which can be found below.
Due to the COVID-19 pandemic, the referendum on the neighbourhood plan was postponed until the 6 May 2021 in line with the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020.
The referendum on the Burghclere Neighbourhood Plan was held on Thursday 6 May 2021. The notice of referendum can be viewed below:
There were a number of documents that are available to view as part of the referendum. These are listed below:
- An Information Statement (PDF)[272kb];
- The referendum version of the Burghclere Neighbourhood Plan(PDF)[7.9MB];
- The independent examiner’s report on the Burghclere Neighbourhood Plan (PDF)[814kb];
- A summary of representations submitted to the independent examiner following consultation on the Plan;(PDF)[805kb]
- A Decision Statement from the Local Planning Authority which confirms the draft Neighbourhood Plan meets the basic conditions and other legislative requirements. It also confirms that the neighbourhood plan can proceed to referendum (PDF)[299kb];
- A statement that sets out general information in respect of town and country planning, which includes neighbourhood planning (PDF)[122kb].
The referendum area is identified on the map which is included within the information statement. The referendum area is identical to the area which has been designated as the Neighbourhood Plan area for Burghclere. For this referendum those entitled to vote received a ballot paper which asked the following question:
Do you want Basingstoke and Deane Borough Council to use the Neighbourhood Plan for Burghclere to help it decide planning applications in the neighbourhood area?
As more than 50% of individuals voted ‘yes’ in the referendum, then Basingstoke and Deane Borough Council will ‘make’ the Burghclere Neighbourhood Plan. The Neighbourhood Plan also forms part of the statutory development plan for Basingstoke and Deane.
Ms Janet Cheesley was appointed to carry out an Independent Examination of the Burghclere Neighbourhood Plan. The Examination commenced on 3 February. The report is available to view below:
During the examination any correspondence between the council and the examiner relevant to the examinations was placed on the council’s website. This correspondence is available below.
The examiner was also able to correspond with the parish council during the examination on matters of clarification. This correspondence was uploaded by the parish council on the neighbourhood plan website and can also be found below.
On 18 February 2020 the examiner advised both Burghclere Parish Council and Basingstoke and Deane Borough Council of three significant recommended modifications to the Burghclere Neighbourhood Plan. The full correspondence received from the examiner can be viewed in Email 7 above.
In accordance with guidance to examiners in the ‘NPIERS Guidance to Service Users and Examiners’ the examiner sought comments over a two week period on the three proposed modifications to the Plan. The option to comment on the proposed modifications closed on Thursday 5 March 2020.
Representations received during the two week consultation period can be viewed here:
The examiner’s recommended modifications and reasons are set out below:
- The deletion of the three year time limit for the development, or for obtaining planning permission, for the allocated housing site.
- The deletion of Policy B3
- The change of the end date of the Plan from 2036 to 2029
Policy B3 identifies a preferred direction of future growth. This may be released if the site identified in Policy B2 is not developed within 3 years from when this Plan is made; if a new Local Plan requires a greater number of new homes to 2036; or if the presumption in favour of sustainable development is engaged.
The Examiner has realised that there is some internal contradiction in the Plan as Policy B3 refers to development of the site identified in Policy B2 within 3 years and Paragraph 5.19 refers to planning permission being gained within 3 years. The principle of imposing a 3 year limit, in which ever form, is the Examiner’s concern.
A key thrust of the National Planning Policy Framework is the timely delivery of housing. Nevertheless, Local Plan Policy SS5 does not specify any phasing requirements. The Examiner has no clear evidence to justify the requirement for the site identified in Policy B2 to be developed or permitted within 3 years. As the suitability of that site for development has been established, the Examiner does not see how the suitability would change after 3 years. If it is not developed or permitted in that time, the allocation would be lost. The Examiner sees no reason why this site only has 3 years to be developed or permitted, when Local Plan Policy SS5 effectively allows up to 2029 for other similar sites within other parishes to be developed. There is no clear justification to make the delivery requirements for the development of this site more onerous than elsewhere in the Borough. Therefore, the Examiner recommends that reference to a 3 year time limit, in whatever form, is deleted from the Plan.
Basingstoke and Deane Borough Council has agreed to launch the preparation of an updated Local Plan. Potential Issues and Options consultation is due in the summer of this year. The Parish Council, conscious that this neighbourhood plan is progressing in the early stages of the Local Plan Review and in the absence of an indicative housing number, chose to extend the plan period to 2036 to provide flexibility should circumstances change. In doing so, the Settlement Boundary has been drawn tightly, allowing little opportunity for future land for development within the village.
A neighbourhood plan can have an end date beyond the Local Plan and can identify reserve sites. The PPG states: Neighbourhood plans should consider providing indicative delivery timetables, and allocating reserve sites to ensure that emerging evidence of housing need is addressed. This can help minimise potential conflicts and ensure that policies in the neighbourhood plan are not overridden by a new local plan (extract Paragraph: 009 Reference ID: 41-009-20190509).
A preferred direction of future growth is identified within the Area of Outstanding Natural Beauty (AONB), although this is not a reserve site. This is site F in the Site Assessment Report. That report highlights that the site has the potential to accommodate significantly more than 10 - 15 dwellings, risking over-development. The Examiner’s concern is that the scale of development may constitute major development in the AONB where paragraph 172 in the NPPF states: Planning permission should be refused for major development other than in exceptional circumstances, and where it can be demonstrated that the development is in the public interest.
Without knowing an indicative housing figure for the 2029 - 2036 period, the Plan has not directly addressed whether major development in the preferred direction of future growth would have regard to national policy in this respect.
The area identified as a preferred direction of future growth is neither a post plan period reserve site, nor an allocation within the plan period. Whether the scale of development would constitute an exceptional circumstance for major development within the AONB has not been tested and the area proposed may not even be sufficient for the scale of development that may be required for the 2029 - 2036 period. In these circumstances and to have regard to paragraph 16 in the NPPF, particularly that the plan is prepared positively and is deliverable, the Examiner recommends that the Plan period is altered to an end date of 2029 and that Policy B3 is deleted.
Publication (Regulation 16)
The Burghclere Neighbourhood Plan (BNP) was published for consultation by Basingstoke and Deane Borough Council (BDBC) on 6 December 2019 for a period of seven weeks. Consultation closed on 24 January 2020. The consultation documents consisted of:
An evidence base document regarding the site assessment process was produced and can be viewed below.
All the representations made and the submission plan were issued to the appointed independent Neighbourhood Plan Examiner.
In addition, the plan was subject to a compliance check to ensure it accords with the relevant legislation. The borough council’s decision and completed checklist can be viewed below:
Strategic Environmental Assessment and Habitats Regulations Assessment
The borough council has undertaken screening for Strategic Environmental Assessment (SEA) and Habitats Regulations Assessment (HRA). The results of the screening report and the decision notice are available to view below:
The Burghclere Neighbourhood Plan Area was approved on the 26 February 2018. Information associated with the Neighbourhood Area designation can be found below: