Agenda item

Further to Minute No. 34 of the meeting of the Audit and Governance Committee held on 12 December 2012, the Council considered the report of the Director of Built Environment on the provisions within the Localism Act 2011 relating to Neighbourhood Planning which enables communities to have a bigger and more formal involvement in the local planning policies to be operated within their local area.  The report set out a proposed scheme of delegation for the Neighbourhood Planning process.

It was moved by Councillor McGinnity, seconded by Councillor Roberts and

RESOLVED: That

(1)       all Ward Councillors, together with Members of any ward whose boundary abuts or is likely to be affected by proposals in a proposed Neighbourhood Plan area, should be notified in writing when an application to establish a Neighbourhood Plan area or a Neighbourhood Forum is submitted to the Local Planning Authority;

(2)       all relevant Members be notified when key stages of the Neighbourhood Plan-making process is reached by email and at the first available Area Committee meeting;

(3)       the Planning Committee be asked if they have any views on a proposal to designate a Neighbourhood Plan area, as a ‘Business’ Neighbourhood Plan area;

(4)       the Cabinet Member – Regeneration and Tourism be given delegated authority to determine applications relating to the area to be covered by a proposed Neighbourhood Plan when it is not likely to impact on a significant number of people in two or more wards; and the Cabinet tbe given delegated authority to determine applications relating to neighbourhood planning applications relating to the extent of the area to be covered by a proposed Neighbourhood Plan when it is likely to impact on a significant number of people in two or more wards (i.e. is likely to be a Key Decision);

(5)       the Cabinet Member – Communities and Environment be given delegated authority to determine whether a proposed Neighbourhood Forum adequately represents the local community and that they are properly constituted;

(6)       the Planning Committee be given delegated authority to determine whether the appropriate legal requirements have been met i.e. that the Neighbourhood Plan is in general conformity with the Development Plan; and the requirements of the Habitats Regulations and the Environmental Impact Assessment Regulations have been met;

(7)       the Head of Planning Services be given delegated authority to identify and appoint an appropriate person to examine the Neighbourhood Plan.  Such an appointment to be made in conjunction with the Neighbourhood Forum or Parish Council who submitted the plan, and the decision being reported to the Planning Committee and the Cabinet Member – Regeneration and Tourism;

(8)       the Cabinet should determine the area(s) within which the referendum/a on a proposed Neighbourhood Plan should be held, after taking into account the views of the Planning Committee and the Cabinet Member – Regeneration and Tourism;

(9)       the same scheme of delegation should apply to decisions relating to the making of Neighbourhood Development Orders and Community Right to Build Orders as to Neighbourhood Plans i.e. that these decisions are delegated to the Cabinet taking into account the views of the Cabinet Member – Regeneration and Tourism and the Planning Committee;

(10)     any decision relating to the modification or revocation of a Neighbourhood Plan, Neighbourhood Development Order or Community Right to Build Order should be made by the Cabinet, except where the change is being made to correct an error, in which case the decision should be delegated to the Head of Planning Services;

(11)     any decision relating to the de-designation of a Neighbourhood Plan Forum be delegated to the Cabinet; and

(12)     the Council Constitution be amended to take into account all of the resolutions set out above.