Burghclere Neighbourhood Plan

The Burghclere Neighbourhood Plan was first ‘made’ at Full Council on the 27 May 2021. The Plan has since been modified and the updated version of the Plan was made by Full Council on 18 May 2023 (which superseded the Plan made in 2021).

Neighbourhood Plan Review

The Burghclere Neighbourhood Plan (as Modified 2022) 2011-2029 was made by Full Council on 18 May 2023. This plan supersedes the Burghclere Neighbourhood Plan that was made in 2021.

The Plan forms part of the Development Plan and will be used to guide planning decision in the parish. A copy of the final version of the Neighbourhood Plan and Decision Statement can be viewed below.

Burghclere Neighbourhood Plan (As Modified 2023)

Appendix 1 Burghclere Design Code

Appendix 3 Green Infrastructure and Nature Recovery Report

Appendix 4 Policy Map Booklet

Decision Statement

SEA Adoption Statement

From 18 May 2023, the 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 29 June 2023.

Accepting the Examiners modifications

In accordance with Regulation 18 of the Neighbourhood Planning (General) Regulations 2012, the proposed modifications, as set out in the Examiners Report, have been accepted by the borough council. A Decision Statement has been published which can be found below:

Decision Statement

The borough council will now consider whether to formally make (adopt) the Plan. If the Plan is made it will form part of the development plan for the area and be used to determine planning applications.

Examination

Ms Janet Cheesley was appointed to carry out an Independent Examination of the Modified Burghclere Neighbourhood Plan. The Examination commenced on 23 February 2023.

Burghclere Neighbourhood Plan Examiners Report

During the examination any correspondence between the council and the examiner relevant to the examination will be placed on the council’s website. This is available below:

Notification of commencement of examination

The examiner has asked the council to upload all of the evidence base documents listed on page 56 of the submission plan. These can be viewed on the Schedule of Evidence.

Publication (Regulation 16)

The Burghclere Neighbourhood Plan (BURNP) Modification Proposal was submitted to Basingstoke and Deane Borough Council (BDBC) on 7 December 2022. The plan has been subject to a legal compliance check to ensure it accords with the relevant legislation. The borough council’s decision and completed checklist can be found below:

Consultation on the submission plan ran from Monday 9 January through to Monday 20 February 2023. All of the representations can be viewed below:

A summary of representations submitted to the independent examiner following consultation on the Plan

The comments received have been passed to the appointed examiner who will carry out an independent examination on the neighbourhood plan. 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.

The consultation documents can be found below:

To assist with the consultation the council also produced a document showing the differences between the 'made' Burghclere Neighbourhood Plan and the Submission Burghclere Neighbourhood Plan Review. The document was not part of the formal consultation documents.

Regulation 14 Consultation

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 SEA and HRA Screening Report October 2022(PDF) [4 Mb]

PDF document BURNP SEA HRA Screening report decision notice 6 Oct 2022(PDF) [165 kb]

Burghclere Neighbourhood Plan (2021)

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:

PDF document Burghclere Parish Neighbourhood Plan(PDF) [6 Mb]

PDF document Burghclere Neighbourhood Plan - Decision Statement(PDF) [95 kb]

PDF document Burghclere Neighbourhood Plan - SEA adoption statement(PDF) [213 kb]

Hard copies of these documents can be viewed at:

Referendum result

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.

PDF document Declaration of Result of Poll - Burghclere(PDF) [414 kb]

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 Notice of Referendum for Burghclere Neighbourhood Plan - 6 May 2021(PDF) [422 kb]

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:

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.

Examination

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:

PDF document Burghclere Neighbourhood Plan Examiner's Report(PDF) [964 kb]

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) [805 kb]

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

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) [625 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) [106 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) [659 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 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:

PDF document Proposed modification consultation representations(PDF) [9 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) - 6 Dec 2019

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) [22 Mb]

PDF document Basic Conditions Statement(PDF) [627 kb]

PDF document Strategic Environmental Assessment(PDF) [2 Mb]

Word document Representation Form(DOCX) [394 kb]

PDF document Guidance note(PDF) [414 kb]

PDF document Public notice(PDF) [388 kb]

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

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

Representations on this consultation can be viewed upon request. If you would like to view any particular representations for this consultation, please contact the Planning Policy team by emailing Local.Plan@basingstoke.gov.uk. All the representations made and the submission plan have been 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:

PDF document BDBC Burghclere Neighbourhood Plan compliance checklist letter(PDF) [192 kb]

PDF document BDBC Burghclere Neighbourhood Plan compliance checklist(PDF) [548 kb]

Pre-submission (Regulation 14)

Consultation on the Pre-Submission Burghclere Neighbourhood Plan took place from Sunday 15 September to Tuesday 29 October 2019.

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) [295 kb]

Neighbourhood Plan Area designation

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

PDF document Burghclere Neighbourhood Area application(PDF) [511 kb]

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

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