Neighbourhood Development Plan - consequences of being over two years since a review.

The request was successful.

Christopher Whitmey

Dear Herefordshire Council,
What is Hereford Council’s understanding/guidelines of the true construction and meaning of the following National Planning Policy Framework:

Paragraphs 11 and 14 https://www.gov.uk/guidance/national-pla...

11. … (<*emphasis*> added)
For decision-taking this means:
(c) approving development proposals that accord with an up-to-date development plan without delay; or
(d) where there are no relevant development plan policies, or <*the policies which are most important for determining the application are out-of-date*>,

14. In situations where the presumption (at paragraph 11(d)) applies to applications involving the provision of housing, the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits, provided all of the following apply:
(a) the neighbourhood plan became part of the development plan 2 years or less before the date on which the decision is made;
(b) the neighbourhood plan contains policies and allocations to meet its identified housing requirement;
(c) the local planning authority has at least a 3 year supply of deliverable housing sites (against its 5 year housing supply requirement, including the appropriate buffer as set out in paragraph 73); and
(d) the local planning authority’s housing delivery was at least 45% of that required over the previous 3 years.

National Planning Policy Guidance https://www.gov.uk/guidance/neighbourhoo...

What are the benefits to a community of developing a neighbourhood plan or Order? ( <*emphasis*> added)
… Neighbourhood planning provides the opportunity for communities to set out a positive vision for <*how they want their community to develop over the next 10, 15, 20 years in ways that meet identified local need and make sense for local people.*> They can put in place planning policies that will help deliver that vision or grant planning permission for the development they want to see. …
Paragraph: 003 Reference ID: 41-003-20190509 Revision date: 09 05 2019

Does a neighbourhood plan have to be updated every 2 years? ( <*emphasis*> added)
There is no timeframe within which neighbourhood plans are required to be reviewed or updated. However, when other policies in the development plan are updated, this may mean that existing neighbourhood plan policies become out-of-date, for example where they conflict with a strategic policy or where they are superseded by other local policies. <*This does not necessarily mean that the whole neighbourhood plan becomes out-of-date, but only those policies which are superseded by other development plan policies.*> The starting point for decision making is the development plan, and the National Planning Policy Framework sets out that permission should not usually be granted where a planning application conflicts with an up-to-date development plan (including any neighbourhood plan which forms part of the development plan).
The Framework also confers a degree of limited protection for those neighbourhood plans which satisfy all the criteria set out at paragraph 14(a) – (d). Paragraph 14(a) sets out that the protection can apply where the neighbourhood plan became part of the development plan 2 years or less before the date on which the decision is made. This includes circumstances in which the neighbourhood plan is updated by way of making a material modification to the plan, (provided the relevant criteria continue to be met including that the neighbourhood plan contains policies and allocations that meet the identified housing requirement for the neighbourhood area). In updating the neighbourhood plan, it will be important to ensure that sites identified for years 1-5 are deliverable in line with paragraph 67 of the National Planning Policy Framework.
Paragraph: 099 Reference ID: 41-099-20190509 Revision date: 09 05 2019

Is the Council’s understanding of the true construction and meaning of the above:

A. Where a neighbourhood plan has not been reviewed for two years, so long as a planning application for development is for a site which is designated in a neighbourhood plan for such development (without the need for any ‘material modification’) then all the neighbourhood plan policies apply: but where a development is NOT designated the plan is disregarded and National Planning Policy Framework is the only governing criteria?: or

B. Where a neighbourhood plan has not been reviewed for two years, even if a planning application for development is for a site which is designated in a neighbourhood plan for such development then such a plan is disregarded and National Planning Policy Framework is the governing criteria?

C. If the Council’s understanding is B. then what is the detailed reasoning for such a conclusion?

D. If it is neither A nor B what is it and the reasoning thereof?

Yours faithfully,

Christopher Whitmey

Access To Information, Herefordshire Council

6 Attachments

Dear Sir

 

Please see attached acknowledgment of your recent FOI request.

 

 

Kind regards

 

Carol

 

[1]age

[2]age

 

Carol Saunders                                                            
Corporate Support

Information Access Officer                                          
Plough Lane

Telephone: 01432 260535                                           Hereford

Email: [3][email address]        HR4 0LE

                          
                                                                        

 

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References

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3. mailto:[email address]
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Access To Information, Herefordshire Council

6 Attachments

 

Dear Sir

 

Please see attached response to your recent FOI request.

 

Kind regards

 

Carol

 

[1]age

[2]age

 

Carol Saunders                                                            
Corporate Support

Information Access Officer                                          
Plough Lane

Telephone: 01432 260535                                           Hereford

Email: [3][email address]        HR4 0LE

                          
                                                                        

 

[4]cid:image001.png@01D45021.AD6FB8B0[5]cid:image002.png@01D45021.AD6FB8B0[6]cid:image003.png@01D45021.AD6FB8B0

 

Please consider the environment - Do you really need to print this E-Mail?

 

Any opinion expressed in this e-mail or any attached files are those of
the individual and not necessarily those of Herefordshire Council. This
e-mail and any files transmitted with it are confidential and intended
solely for the use of the addressee. This communication may contain
material protected by law from being passed on. If you are not the
intended recipient and have received this e-mail in error, you are advised
that any use, dissemination, forwarding, printing or copying of this
e-mail is strictly prohibited. If you have received this e-mail in error,
please contact the sender immediately and destroy all copies of it.

 

 

 

Working days: Tues, Wed & Thurs

 

 

References

Visible links
1. file://herefordshire.gov.uk/data/C&CS/Communications/PublicRelations/00%20AJ%20Folder/Branding/www.herefordshire.gov.uk
3. mailto:[email address]
4. https://twitter.com/HfdsCouncil
5. https://www.facebook.com/hfdscouncil
6. https://www.instagram.com/hfdscouncil/

Christopher Whitmey

Dear Access To Information,

Please thank the Planning Dept. for their comprehensive reply: FOI IAT 19805 LA Prov 20.doc

Yours sincerely,

Christopher Whitmey