Braybrooke Neighbourhood Plan - Post examination decision statement
Neighbourhood Planning (General) Regulations 2012 (as amended) (Regulation 18)
1. Summary
1.1 This document is the post examination Decision Statement required to be prepared under Regulation 18(2) of the Neighbourhood Planning Regulations 2012 (as amended). It sets out North Northamptonshire Council’s (Council) response to each recommendation made in the Braybrooke Neighbourhood Plan Examiner’s Report. The Report was prepared by Independent Examiner, Andrew Freeman BSc (Hons) DipTP DipEM FRTPI; it was submitted to the Council on 7 February 2023.
1.2 This Decision Statement and the Examiner’s Report can be viewed on the Council’s website.
1.3 Paper copies of this Decision Statement and the Examiner’s Report can be viewed during normal opening times at the following location:
- Kettering Library, Sheep Street, Kettering, NN16 0AY (Please check opening hours before visiting).
- Hard copies of these documents are also available on request, please contact: planningpolicy.kbc@northnorthants.gov.uk
2. Background
2.1 The Planning and Compulsory Purchase Act 2004 (as amended) states that neighbourhood plans form part of the development plan and goes on to outline the basic requirements for their production.
2.2 The Town and Country Planning Act 1990 (as amended) (the ‘1990 Act’) places a statutory duty on North Northamptonshire Council (the ‘Council’) to assist communities in the preparation of neighbourhood plans and to take the plans through a process of examination and referendum.
2.3 The Neighbourhood Planning (General) Regulations 2012 (as amended) (‘Regulations’) establishes the procedure for the preparation of neighbourhood plans.
2.4 The Braybrooke Neighbourhood Plan (Plan) relates to the Braybrooke Neighbourhood Area. This was first designated by Kettering Borough Council on 14 April 2020.
2.5 In accordance with Regulation 14, the Plan was the subject of a pre-submission consultation between 6 February until 20 March 2022. Following this it was submitted to North Northamptonshire Council on 24 May 2022, where, in accordance with Regulation 16, it was publicised for a further consultation. This took place 13 June 2022 to 25 July 2022.
3. Independent Examination
3.1 An independent examiner was appointed to carry out the examination of the Plan. The Examiner examined the Plan and associated documents by written representation and undertook an unaccompanied site visit of the Neighbourhood Area.
3.2 The Examiner’s Report was issued on the 7 February 2023. The Report concluded that, subject to the modifications recommended in the Report, the Braybrooke Neighbourhood Plan meetsthe statutory requirements set out in paragraph 8 of schedule 4B of the 1990 Act. Once modified, the Plan can proceed to referendum.
3.3 Once the Council received the Examiner’s Report, they were required to consider each of the recommendations, decide what action to take in response to these, what modifications, if any, to make and their reasons for these actions. The Council must also consider whether the area to which the referendum is to take place should be extended.
4. Decision and reasons
4.1 The Council has considered each of the recommendations made in the Examiner’s Report. The Council, with the agreement of Braybrooke Parish Council, the Qualifying Body for the Plan, has decided to accept all the recommended modifications to the draft Plan. The modifications and the Council’s decision for taking these forward are set out in Table 1.
4.2 The Council considers that, subject to the modifications being made, the Plan will meet the basic conditions set out in paragraph 8(2) of schedule 4B of the 1990 Act, that it is compatible with the Convention rights and European obligations, and it meets the requirements of paragraph 8(1) of Schedule 4B.
4.3 In accordance with paragraph 12(6)(e) of Schedule 4B of the 1990 Act the Council can and will make additional minor modifications to correct errors in the Plan which ensure it is up-to-date and consistent with the Examiners modifications. These minor modifications improve the clarity of the Plan, remove imprecise text and reflect the current status / stage of the Plan. As they are minor modifications and are not of a different view to the Examiner, it is not necessary for the Council to re-consult on them.
4.4 The Council will make the required modifications to the Braybrooke Neighbourhood Plan for it to proceed to referendum.
4.5 The Examiner concluded that there is no need for the referendum boundary to extend beyond the designated Neighbourhood Area. The Council has considered this recommendation and can see no reason for rejecting it. The referendum area for the Plan will therefore be the Braybrooke Neighbourhood Area.
Signed:
George Candler
Executive Director of Place and Economy
Date: 6 March 2023
Table 1: North Northamptonshire Council’s decision on what action to take in response to the Examiner’s Report on the Braybrooke Neighbourhood Plan
|
Modification Number (with Examiner’s Report Page Number) |
Examiner’s Report Reference |
Braybrooke Neighbourhood Plan Reference |
Examiner’s Proposed Modification |
North Northamptonshire Council decision and action to take |
|---|---|---|---|---|
|
Policy H1: Residential Site Allocation 1 Page 17
|
Appendix: Modifications PM1 |
Page 15 Policy H1 |
In Policy H1 b), replace “Design Code” and all subsequent text with “Braybrooke Design Code (Appendix 5)”. Replace Policy H1 c) with the following: “Landscaping details being provided as part of the planning application. These shall indicate trees and hedgerows to be retained. Where retention is not possible, new trees and hedgerows shall be planted in suitable locations.” Delete the first sentence of Policy H1 e) together with the following words: “They will ensure that”. Replace with the following: “Design of a suitable and safe access that avoids an increase in traffic congestion and is guided by the Highway Authority. The design shall ensure that…”. Delete Policy H1 d) and f). Replace with a new final paragraph: “Retention and restoration of the historic granary store on the eastern boundary of the site will be encouraged as will the provision within the northern part of site of open spaces with public access and seating.” |
Accept modification to provide correct reference to supporting documents, to reflect support for the identified benefits and ensure these particular requirements do not go beyond the scope of the policy. This modification will also provide further clarity to the policy wording. |
|
Policy ENV1: Local Green Spaces 2 Page 17 |
Appendix: Modifications PM2 |
Page 31 Policy ENV1 |
In Policy ENV 1, delete “except in very special circumstances” and replace with “unless consistent with national Green Belt policy”. |
Accept modification to bring Policy ENV1 in line with the NPPF, with regards to Local Green Space. |
|
Policy ENV3: Sites and Features of Natural Environment Significance 3 Page 17 |
Appendix: Modifications PM3 |
Page 34 Policy ENV3 |
Change the beginning of the second sentence of Policy ENV 3 so that it reads: “Development proposals resulting in any significant harm…..”. |
Accept modification in recognition that there are likely to be circumstances where there maybe be some harm which is not significant. This modification will be made in the third sentence instead of the second sentence of Policy ENV3, it is evident this is where it is intended. |
|
Policy ENV4: Woodland, Notable Trees and Hedges 4 Page 18
|
Appendix: Modifications PM4 |
Page 36 Policy ENV4 |
Replace the third sentence of Policy ENV 4 with the following: “As appropriate, proposals should be accompanied by a tree survey (BS5837 standard or its replacement) that identifies woodland, notable trees and hedges on the site and establishes their health and longevity.” |
Accept modification to ensure clarity is provided with regards to the identification of qualifying vegetation under Policy ENV4. |
|
Policy ENV5: Bat Conservation 5 Page 18 |
Appendix: Modifications PM5 |
Page 39 Policy ENV5 |
Substitute the following for the opening paragraph of Policy ENV 5: “Proposals that are likely to have a direct or indirect effect on bats shall be supported by an up-to-date bat survey showing, for areas within and adjacent to the development site, known bat habitat areas, potential bat habitat areas (those of a type of habitat that supports bats) and sensitive areas (providing roosting sites).” |
Accept modification to ensure that clarity is provided with regards to the requirements of a bat survey and in what circumstances a survey would be required. |
|
Policy ENV6: Biodiversity and Habitat Connectivity 6 Page 18 |
Appendix: Modifications PM6 |
Page 40 Policy ENV6 |
Replace the first sentence of Policy ENV 6 with the following: “Development proposals shall safeguard significant habitats and species.” |
Accept modification in recognition that the policy only needs to apply to habitats and species which are significant as opposed to all habitats and species, which is considered to be disproportionate. |
|
Policy ENV7: Sites of Historic Environment Significance 7 Page 18 |
Appendix: Modifications PM7 |
Page 43 Policy ENV7 |
Replace the third sentence of Policy ENV 7 with the following: “These designated and non-designated heritage assets should be safeguarded as set out in the NPPF.” |
Accept modification to ensure the policy is accurate and clear with regards to the different provisions made in the NPPF for designated and non-designated heritage assets. |
|
Policy ENV8: Ridge and Furrow 8 Page 18 |
Appendix: Modifications PM8 |
Page 45 Policy ENV8 |
Replace the second sentence of Policy ENV 8 with the following: “They should be safeguarded as set out in the NPPF.” |
Accept modification to ensure the policy is accurate and clear with regards to the provisions made in the NPPF. |
|
Policy ENV9: Important Views 9 Page 18 |
Appendix: Modifications PM9 |
Page 50 Policy ENV9 |
In Policy ENV 9, replace “an adverse impact” with “a significant adverse impact” |
Accept modification in recognition that some development could have a minor adverse impact and not conflict with Policy ENV9. |
|
Policy ENV10: Footpaths and Other Walking Routes 10 Page 18 |
Appendix: Modifications PM10 |
Page 51 Policy ENV10 |
In Policy ENV 10, insert “significant” before “harm”. |
Accept modification in recognition that some development could have some impact and not conflict with Policy ENV10. |
|
Policy ENV11: Dark Sky 11 Page 19 |
Appendix: Modifications PM11 |
Page 53 Policy ENV11 |
In the final paragraph of Policy ENV 11, delete “and other nocturnal wildlife”. Replace the remainder of the policy with the following: “In recognition of the Neighbourhood Area’s dark sky zoning status, development proposals for and/or incorporating external lighting should demonstrate that there would be no significant adverse effects individually or cumulatively on the character of the neighbourhood area, on the residential amenity of residents or on wildlife." |
Accept modification to ensure the policy is clear and does not include requirements which are considered to be unnecessary as well as reflect the absence of best practice guidance covering nocturnal wildlife over than bats. |
|
Policy ENV12: Flood Risk Resilience 12 Page 19 |
Appendix: Modifications PM12 |
Page 54 Policy ENV12
|
Replace the first paragraph of Policy ENV 12 with the following: “Development proposals within the areas susceptible to flooding (Figure 19) will be required to demonstrate, where appropriate, that any associated harm in relation to flooding or climate change and any conflict with local flood mitigation infrastructure are outweighed by the benefits of the development.” In the sentence above the first bullet point, insert “in a proportionate way” after “demonstrate”. In the first bullet point, after “susceptible to flooding”, add “(Figure 19)”. |
Accept modification to ensure that prospective developers and decision takers are on clear on the relevant policy requirements of Policy ENV12. |
|
Policy ENV14: Area of Separation 13 Page 19 |
Appendix: Modifications PM13 |
Page 57 Policy ENV14 |
In Policy ENV 14, delete all words after “Open Countryside”. |
Accept modification to remove tension within the policy in respect of rural separation, which in some cases may be comprised by rural developments allowed by the policy. |
|
Policy PC1: Broadband and Mobile Infrastructure 14 Page 19 |
Appendix: Modifications PM14 |
Page 62 Policy PC1
|
In Policy PC1, delete the word “all” in the first and second paragraphs. |
Accept modification to provide clarity in the policy wording and ensure the correct intention of the policy is portrayed. |
|
Referendum 15 Page 15 |
Paragraph 5.2 |
General |
… recommend that the boundary for the purposes of any future referendum on the Plan should be the boundary of the designated Neighbourhood Plan Area. |
The Braybrooke Neighbourhood Area was first designated by Kettering Borough Council on 14 April 2020. The Examiner’s Report considers the Neighbourhood Area to be appropriate and states there is no substantive evidence to demonstrate that this is not the case. On this basis there are no reasons to oppose the recommendation of the Examiner’s Report to use the existing, designated Neighbourhood Area. |
|
North Northamptonshire Council Correction of Errors 1 |
Not applicable |
Whole Plan |
The Council will, in accordance with their authority under paragraph 12(6)(e) of Schedule 4B of the 1990 Act, makeadditional minor modifications to correct errors and ensure the Plan is up-to-date and consistent with the Examiners modifications. |
To improve the clarity of the whole Plan, remove imprecise and / ambiguous text that sits out of context with the Examination Report recommendations and to reflect the current status / stage of the Plan. |