Harrington 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 Harrington Neighbourhood Plan Examiner’s Report. The Report was prepared by Independent Examiner, Andrew Ashcroft MRTPI; it was submitted to the Council on 10 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 locations:

Kettering Library, Sheep Street, Kettering, NN16 0AY (please check opening hours before visiting).
Harrington Village Hall, High Street, Harrington, NN6 9NU

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 Harrington Neighbourhood Plan (Plan) relates to the Harrington Neighbourhood Area. This was designated by Kettering Borough Council on 9 September 2019.

2.5 In accordance with Regulation 14, the Plan was the subject of a pre-submission consultation between 6 December 2021 and 24 January 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 from 13 June 2022 to 25 July 2025.

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 10 February 2023. The Report concluded that, subject to the modifications recommended in the Report, the Harrington Neighbourhood Plan meets the 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 Harrington 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 hNeighbourhood 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 Harrington 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 Harrington Neighbourhood Plan

Modification Number (with Examiner’s Report Page Number)	Examiner’s Report Reference	Harrington Neighbourhood Plan Reference	Examiner’s Proposed Modification	North Northamptonshire Council decision and action to take
1 (page 13)	Para 7.22	Policy ENV2	Replace ‘will be expected to’ with ‘should’ and ‘and to give’ with ‘and give’.	Accept the modification to ensure that the wording of the policy has the clarity required by the NPPF.
2 (page 13)	Para 7.24	Policy ENV3	Replace the policy with: ‘As appropriate to their scale, nature and location development proposals should minimise their impacts on the natural environment and provide net gains for biodiversity, including those of local significance. Development proposals which would cause unacceptable harm to biodiversity will not be supported unless the harm can be avoided through relocating to an alternative site with less harmful impacts, be adequately mitigated, or compensated for by other means.’	Accept the modification to ensure that the policy is clearly worded, can be applied consistently and takes a proportionate approach.
3 (page 14)	Para 7.30	Policy ENV5	Replace ‘not be supported unless’ with ‘will only be supported where’	Accept the modification to ensure the policy takes a positive rather than negative approach.
4 (page 15)	Para 7.33	Policy ENV6	Delete the second and third sentences of the policy. At the end of the policy add: ‘Development proposals should respect and whenever practicable protect the identified Important Views. Development which would have an unacceptable impact on the identified Important Views will not be supported.’	Accept the modification to ensure the policy is clearly set out and relates directly to the views identified.
5 (page 15)	7.36	Policy ENV7 & supporting text	Replace ‘will not be supported without appropriate mitigation’ with ‘will only be supported where appropriate mitigation is incorporated into the overall design and layout’ Supporting text: In the final paragraph of the supporting text replace the first sentence with: ‘Footpaths need regular maintenance to ensure that they can be readily used and appreciated.’	Accept the modification to ensure the policy takes a positive rather than negative approach and to fully set out the issue in relation to maintenance.
6 (page 16)	7.38 & 7.39	Policy ENV8 & supporting text	Replace the policy with: ‘In recognition of the Plan Area’s status as part of a dark sky zone, development proposals incorporating external lighting should demonstrate that the lighting is the minimum required for its purpose and that it will not have an unacceptable impact individually or cumulatively on the character of the area, the residential amenity of residents, or wildlife. The lighting design, location, type, lux levels and times of use should follow current best-practice for bats and other nocturnal wildlife.’ Supporting Text: Between the third and fourth paragraphs of the supporting text add: ‘Policy ENV8 addresses this important matter. Based on the scale and nature of development proposals concerned planning applications should include a proportionate lighting scheme setting out how the scheme would meet the requirements of the policy. Where appropriate, it should include details about the beam angle of external lighting. The second part of the policy comments that lighting schemes should reflect best practice on this issue. Plainly such best practice may evolve within the Plan period. However, at this stage best practice includes the guidelines in Guidance note 08/18 Bats and artificial lighting in the UK (Bat Conservation Trust / Institution of Lighting Professionals, 2018) and Lighting Guide 21 Protecting the Night-time Environment (Society of Light & Lighting 2021).’ At the end of the third paragraph of supporting text add: ‘With the exception of the A14 Trunk Road, the Parish Council would not support proposals for new streetlights on any roads that are defined as highways.’	Accept the modification to ensure that the policy is clearly worded, and that supporting technical information is placed in the supporting text rather than the policy.
7 (page 16/17)	7.42	Policy ENV9	Replace the policy with: ‘New development should demonstrate that the site is safe from flooding and does not increase the risk of flooding, taking account of climate change.’	Accept the modification to ensure that the wording of the policy has the clarity required by the NPPF.
8 (page 17)	7.44	Policy CF1	Replace ‘not be supported unless’ with ‘will only be supported where’	Accept the modification to ensure the policy takes a positive rather than negative approach.
9 (page 17)	7.48	Policy E1	Replace ‘will not be supported unless’ with ‘will only be supported where’	Accept the modification to ensure the policy takes a positive rather than negative approach.
10 (page 18)	7.50	Policy E2	At the beginning of the policy add: ‘Insofar as planning permission is required,’ In b replace ‘significant and adverse’ with ‘unacceptable’ In c replace ‘not detract from’ with ‘be in keeping with’ and ‘to which…reason of’ with ‘through the’	Accept the modification to ensure that the criteria have the clarity required by the NPPF and can be applied consistently and that the policy acknowledges that the policy will only apply where planning permission is required.
11 (page 18)	7.53	Policy E3	In criterion c replace ‘adverse’ with ‘unacceptable’ In criterion e replace ‘significant adverse’ with ‘unacceptable’	Accept the modification to ensure that the criteria have the clarity required by the NPPF and can be applied consistently
12 (page 18/19)	7.55	Policy E4	Replace the policy with: ‘Proposals to provide increased access to a super-fast or ultra-fast broadband service and to improve the mobile telecommunication network that will serve businesses and other properties within the parish will be supported. Any such works requiring above ground network installations should be sympathetically located and designed to integrate into the landscape and should not be located in or near to open landscapes, the Conservation Area and listed buildings. Wherever practicable, development proposals should incorporate access to superfast broadband (of at least 30Mbps).’ Supporting Text: At the end of the second paragraph of supporting text add: ‘Where practicable telecommunication providers will be encouraged to improve existing mobile coverage and provide new 5G service.’ At the end of the supporting text immediately before the policy add: ‘Developers should take active steps to incorporate superfast broadband at the pre-planning phase and should engage with telecom providers to ensure superfast broadband is available as soon as initial build on the development is complete.’	Accept the modification to ensure that the policy has the clarify required by the NPPF and can be applied clearly and consistently.
13 (page 19)	Para 7.57	General	Modification of general text (where necessary) to achieve consistency with the modified policies and to accommodate any administrative and technical changes.	Accept modification to ensure consistency and to address administrative and technical changes.
14 (page 19)	Para 7.59	Maps	Maps - whilst all the maps include a copyright, in different ways some other basic information is missing such as North rose, key and scale. Some of the text on the maps needs to be increased in size to be legible and capable of being used in the development management process. I recommend that the various maps are revised to take account of NNC’s comments (on a map-by-map basis).	Accept modification to ensure all maps contain the necessary information and are clear.
15 (page 20)	Para 7.59	Contents	Content - Appendix (page 3): The names on this page are different from some of the names shown on the appendices. To ensure consistency with terminology it would be clearer to use the actual name of the document concerned and I recommend accordingly.	Accept modification to ensure consistency.
16 (page 20)	7.59	Forword	On Page 4 paragraph 4 insert ‘have regard to’ between ‘and’ and ‘the’	Accept modification to ensure consistency with the requirements of the basic conditions.
17 (page 20)	7.59	Forword	In the final paragraph of part 4 replace ‘North Northamptonshire Council Local Plan’ with ‘Kettering Site Specific Part 2 Local Plan’	Accept modification for clarity.
18 (page 20)	7.59	General	Apply a consistent use of the ‘Kettering Site Specific Part 2 Local Plan’ throughout the Plan.	Accept modification for clarity and consistency.
19 (page 20)	7.59	General	Apply a consistent use of the ‘North Northamptonshire Joint Core Strategy throughout the Plan.	Accept modification for clarity and consistency.
Referendum: 20	8.4	General	I therefore recommend that the Plan should proceed to referendum based on the neighbourhood area as approved by the former Kettering Borough Council on 9 September 2019	The Neighbourhood Plan area covers the whole of the Harrington Parish. This was designated by Kettering Borough Council on 9 September 2019. The Examiner’s report considers the neighbourhood plan area entirely appropriate for the purpose of the referendum and recognises that no evidence has been submitted to suggest 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, make additional minor modifications to correct errors and ensure the Plan is up-to-date and consistent with the Examiner’s modifications.	To improve the clarity of the whole Plan, correct errors, ensure the Plan is consistent with the Examination Report recommendations and to reflect the current status / stage of the Plan.

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