Issue details

Introduction
The Town and Country Planning Act 1990 (as amended), states that the Council has a statutory duty to assist communities in the preparation of neighbourhood development plans and to take the plans through a process of examination and referendum.
The Localism Act 2011 (Part 6 Chapter 3) details the Local Planning Authority’s responsibilities under Neighbourhood planning.
This Decision Statement confirms that the modifications proposed by the Examiner’s report have been accepted, the draft Elmstead Neighbourhood Plan (NP) has been amended taking into account the modifications, and that NP may proceed to referendum.
Background
The Neighbourhood Area of Elmstead was designated on 30th November 2020. The Neighbourhood Area follows the boundary of Elmstead Parish. The Elmstead NDP has been prepared by Elmstead Parish Council.
Following submission of the Neighbourhood Plan to Tendring District Council, a consultation under Regulation 16 took place between the 18th September and 30th October 2023.
On the 22nd September 2023 Mr John Slater BA(hons) DMSMRTPI FRGS was appointed by Tendring District Council, with the consent of the Parish Council, to undertake the examination of both the Elmstead NDP and accompanying Neighbourhood development Order (NDO) and to prepare a report of the independent examination. The examination commenced on 9th November 2023.
On the 27th November 2023, the Examiner issued a note of interim findings. This was followed by a reply from the Examiner on the 2nd January 2024, in which he required a public hearing. The Examiner’s Notice of Public Hearing detailed a number of specific issues for both the NDP and NDO which needed further consideration in a public setting. These included:
•Settlement boundaries at Landswood Park
•Policy wording for land in the green buffer to the west of the village
•Questions around the quantum of development on the NDO site
•Questions around the conditions attached to the NDO
Other matters arising from the Public Hearing included the Council’s approach to Habitats Regulations Assessment (HRA) and the newly published National Planning Policy Framework (NPPF).
After the close of the hearing the Council held a focused consultation on the HRA and NPPF matters. Responses were forwarded to the Examiner on the 8th April 2024,
The Examiner required amendments to the NDO inline with what was discussed at the Public Hearing. However, it was agreed that these amendments were so significant to not be included within the existing NDO and that the NDO should be withdrawn and resubmitted. Confirmation of the withdrawal was submitted to the Council on the 20th May and the Examiner produced his final report on the same day.
Following the additional consultation, the Examiner concluded the examination of the plan. The Examiner’s report concludes that subject to making the minor modifications recommended by the Examiner, the plan meets the basic conditions set out in the legislation and should proceed to a Neighbourhood Planning referendum.
Having considered each of the recommendations made within the Examiner’s report and the reasons for them, Tendring District Council (in accordance with the 1990 Act Schedule 4B paragraph 12) has decided to make the modifications to the draft plan referred to below (and fully detailed within the Examiner’s final report) to ensure that the draft plan meets the basic conditions set out in legislation.
Recommendations by the Examiner
The Examiner has recommended a wide variety of modifications to the plan. These include consequential changes and items of a minor nature. Only the key modifications are therefore listed below, for a full list of every modification proposed, please see the Examiner’s final report. The key modifications include:
•The amendment of the settlement boundary at the southeast corner of Lanswood.
•Removing reference to technical requirements related to space heating demands and remove all reference to post occupancy evaluation conditions, whole lifecycle carbon emission assessment and energy and climate statements.
•Removing key views 19-23.
•Amending requirements in the Village Core to ensure that they only relate to the construction of new buildings and requires that development does not result in the loss of existing open space unless it relates to community uses.
•Requires contributions under the Managed Traffic policy to those that meet Regulation 122 tests and are triggered by development that leads to a significant increase in traffic on Clacton Rd
•Remove policies covering the protection of the green and blue infrastructure network in the areas inside the Garden Community.
•Contributions to health and well-being facilities to have to be triggered by a request from the North East Essex Clinical Commissioning Group.
Post Adoption SEA and HRA
The modifications made as a result of the Examiner’s report, as outlined above, have been considered in terms of any resultant changes to the Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA). None of the changes are considered to have a significant effect on the overall appraisals. The SEA and HRA are available to accompany the final plan.
Decision
The Neighbourhood Planning (General) Regulations 2012 requires the local planning authority to outline what action to take in response to the recommendations that the Examiner made in the report under paragraph 10 of Schedule 4A to the 1990 act (as applied by Section 38A of the 2004 Act) in relation to a neighbourhood development plan. Tendring District Council has considered each of the recommendations made in the Examiner’s report and the reasons for them and have decided to accept the modifications to the draft plan.
The draft plan will be altered in line with paragraph 12 (6) of Schedule 4B to the 1990 Act.
Following the modifications made, the Elmstead Neighbourhood Plan will meet the basic conditions:
•Having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the plan;
•The making of the neighbourhood plan contributes to the achievement of sustainable development;
•The making of the neighbourhood plan is in general conformity with the strategic policies contained in the development plan;
•The making of the neighbourhood plan does not breach and is otherwise compatible with EU obligations; and
•The making of the neighbourhood plan is not likely to have a significant effect on a European site either alone or in combination with other plans and projects.
It is recommended that the Elmstead Neighbourhood Plan progress to referendum. Tendring District Council concur with the Examiner’s conclusion that nothing has been suggested which would require an extension of the area beyond that already designated.