NEIGHBOURHOOD PLANNING STATEMENT The Neighbourhood Planning (Referendums) Regulations 2012 (as amended)

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The Neighbourhood Planning (Referendums) Regulations 2012 (as amended)

This statement is published as required by Regulation 4 to provide general information relating to Town and Country Planning and the Referendum.

A qualifying body, such as a Town or Parish Council, is able to initiate a process to require a Local Planning Authority like Tewkesbury Borough Council to ‘make’ (adopt) a Neighbourhood Development Plan. A Neighbourhood Development Plan, often just referred to as a Neighbourhood Plan, sets out policies in relation to the ‘development and use of land’ in all or any part of a particular designated Neighbourhood Area. The Neighbourhood Development Plan must specify a period for which it is to have effect.
There is a statutory process which must be followed for preparing and ultimately making a Neighbourhood Development Plan which includes provision for its independent examination and the holding of a Referendum in relation to the draft plan which is proposed.
An independent Examiner checks that the proposed Neighbourhood Development Plan meets the basic standards which are set out in statute. The Independent Examiner may recommend changes to be made to the Neighbourhood Development Plan in a report to the Local Planning Authority. It is then the Local Planning Authority who considers the Examiner’s report and decides, having regard to the statutory criteria, whether to accept the changes which the Examiner has proposed. The Independent Examiner may also recommend that the draft Neighbourhood Development Plan
proceeds to Referendum.
The Referendum only relates to the area which is covered by the proposed Neighbourhood Development Plan. It is only those who are entitled to vote in the Referendum and who are registered to vote within addresses in the designated Neighbourhood Area who can vote upon the question of whether the Neighbourhood Development Plan should be taken into account by Tewkesbury Borough Council when determining planning applications.
Once made the Neighbourhood Development Plan becomes part of the Development Plan for the area. A Local Planning Authority in dealing with planning applications must have regard to:
1. the provisions of the development plan so far as material to the application;
2. any local finance consideration as far as material to the application; and
3. any other material considerations.
The determination of a planning application must be made in accordance with the Development Plan unless material considerations indicated otherwise. An adopted Neighbourhood Development Plan will be one of the documents which will be taken into account in the consideration of
applications for planning permissions which are made within the designated Neighbourhood Area.The Neighbourhood Development Plan only applies within the specific area for which it has been proposed and made.
If a policy which is set out in a Neighbourhood Development Plan conflicts with any other statement or information, relating to all or part of the Neighbourhood Area, in the Development Plan itself then that conflict must be resolved in favour of the policy. So once made the Neighbourhood
Development Plan becomes a significant document in the Development Plan which must be considered when determining planning applications.