Burghclere Neighbourhood Plan

Referendum

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.

PDF document Burghclere Neighbourhood Plan Decision Statement (PDF) [426 kb]

Due to the current COVID-19 pandemic, the referendum on the neighbourhood plan will be postponed until at least 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 Burghclere Neighbourhood Plan will become part of the borough’s Development Plan for the area as soon as it receives support at the referendum. Due to the current postponement of referendums, where the local planning authority has issued a decision statement (as set out under Regulation 25 of the Neighbourhood Planning (General) Regulations 2012) detailing its intention to send a neighbourhood plan to referendum, the Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020 has set out that a plan can be given significant weight in decision-making, so far as the plan is material to the application.

The exact date of the future referendum is yet to be confirmed. In accordance with the Neighbourhood Planning (Referendum) Regulations (2012) as amended, the council will publish an Information Statement setting out information relating to the referendum in addition to all relevant Neighbourhood Plan documents at least 28 days prior to the referendum. The referendum will be conducted in accordance with procedures similar to those used at local government elections.

Examination

Ms Janet Cheesley has been appointed to carry out an Independent Examination of the Burghclere Neighbourhood Plan. The Examination commenced on 3 February and recently came to a close. The Examiner has now provided her final report, which recommends that the Neighbourhood Plan proceeds to referendum, subject to a number of proposed modifications. The report is available to view below:

PDF document Burghclere Neighbourhood Plan Examiner's Report (PDF) [655 kb]

The Neighbourhood Plan has now reached an advanced stage in the process and consequently will have increased significance in the decision making process for planning applications in Burghclere parish.

The next significant stage in the process is for a local referendum to be held in order for local residents to vote on whether or not they would like the Burghclere Parish Neighbourhood Plan, as amended in light of the Examiner’s recommendations, to form part of the Development Plan for the Parish. In the event of a positive vote at referendum, the neighbourhood plan automatically forms part of the borough’s Development Plan.

Ordinarily the referendum would be held within 56 days of the decision to proceed to referendum. However, due to the current situation relating to COVID-19, there is a moratorium on election events, including Neighbourhood Plan referendums. The borough council will provide clarification regarding the future timescales for the referendum as soon as is practical to do so in light of the current situation.

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.

PDF document Email 1: Clarification in relation to the Regulation 16 consultation (PDF) [800 kb]

PDF document Email 2: Follow up email regarding clarification to the Regulation 16 consultation (PDF) [988 kb]

PDF document Email 3: Clarification regarding parish council notification for the Regulation 16 consultation (PDF) [2 Mb]

PDF document Email 4 - Notification of examination of Burghclere Neighbourhood Plan (PDF) [587 kb]

PDF document Email 5: BDBC response to examiner regarding information requested (PDF) [2 Mb]

PDF document Email 6: BDBC sending Burghclere Parish Council response to examiner regarding Policy B3 and amendments (PDF) [2 Mb]

PDF document Email 6: Attachment 1 - Burghclere Parish Council response to examiner regarding Policy B3 and amendments (PDF) [92 kb]

PDF document Email 6: Attachment 2 - Appendix A - Burghclere Local Plan Update January 2020 (PDF) [485 kb]

PDF document Email 7: Burghclere Neighbourhood Plan proposed modifications (PDF) [633 kb]

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 is seeking comments over a two week period on the three proposed modifications to the Plan. The option to comment on the proposed modifications is now open and will close at 4pm on Thursday 5 March 2020.

Please submit any comments before 4pm on Thursday 5 March to the council’s Planning Policy Team either:

Representations received during the two week consultation period can be viewed here:

PDF document Proposed modification consultation representations (PDF) [2 Mb]

The examiner’s recommended modifications and reasons are set out below:

  1. The deletion of the three year time limit for the development, or for obtaining planning permission, for the allocated housing site.
  2. The deletion of Policy B3
  3. The change of the end date of the Plan from 2036 to 2029

Reasons:

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:

PDF document Submission Burghclere NP (PDF) [3 Mb]

PDF document Consultation document (PDF) [21 Mb]

PDF document Basic Conditions Statement (PDF) [612 kb]

PDF document Strategic Environmental Assessment (PDF) [3 Mb]

Word document Representation Form (DOCX) [391 kb]

PDF document Guidance note (PDF) [408 kb]

PDF document Public notice (PDF) [376 kb]

An evidence base document regarding the site assessment process has also been produced and can be viewed below.

PDF document Burghclere Neighbourhood Plan - Site Assessment Report (PDF) [2 Mb]

Representations from the Burghclere Neighbourhood Plan consultation are available to view on the consultation portal

All the representations made and the submission plan have been issued to the appointed independent Neighbourhood Plan Examiner.

In addition, the plan has been 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:

PDF document BDBC Burghclere Neighbourhood Plan compliance checklist letter (PDF) [181 kb]

PDF document BDBC Burghclere Neighbourhood Plan compliance checklist (PDF) [540 kb]

What happens next?

The examiner will consider whether the plan meets the Basic Conditions or whether any changes need to be made. The examiner will recommend if the plan should proceed to referendum.

Details of the examination timetable and procedure will be published when available.

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:

PDF document Burghclere Neighbourhood Plan SEA and HEA Screening Report (PDF) [3 Mb]

PDF document Burghclere Neighbourhood Plan SEA and HRA Screening Decision Notice (PDF) [284 kb]

The Burghclere Neighbourhood Plan Area was approved on the 26 February 2018. Information associated with the Neighbourhood Area designation can be found below:

PDF document Burghclere Neighbourhood Area map (PDF) [5 Mb]

PDF document Burghclere Neighbourhood Area application (PDF) [4 Mb]

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