1. The purpose of this report is to consider the conclusions of the Examiner’s Report on the Waterbeach Neighbourhood Plan, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions.
2. Cabinet agreed at its meeting on 26 July 2018 that where the examiner has concluded that the Neighbourhood Plan is legally compliant, meets the Basic Conditions (with or without modifications), and should proceed to referendum, the Joint Director for Planning and Economic Development has delegated authority to make the decision on the way forward, in consultation with the Planning Lead Member.
3. The Waterbeach Neighbourhood Area was designated on 10 August 2015. The neighbourhood area is for the whole parish of Waterbeach and therefore includes the strategic new town allocation from the adopted Local Plan 2018. At the same time as the neighbourhood area was designated a ‘Joint Working Agreement’ was formally agreed between the Parish Council and South Cambridgeshire District Council (SCDC) which set out how the two councils would work together.
4. Officers provided informal comments on earlier drafts of the Neighbourhood Plan ahead of the formal pre-submission consultation process and recognise the hard work that those on the steering group of the neighbourhood plan have put into preparing the Plan. This group has strived to ensure that the whole village had an opportunity to have an input into the final Plan.
5. A Strategic Environmental Assessment (SEA) and Habitats Regulations Assessment (HRA) screening was undertaken on a draft version of the Neighbourhood Plan, and a screening determination was published in March 2020.
6. Pre-submission public consultation on the draft Neighbourhood Plan was undertaken by the Parish Council from 13 January to 24 February 2020. Officers provided a formal response to the consultation, providing constructive comments about the Neighbourhood Plan to assist the neighbourhood plan group with finalising the Neighbourhood Plan. Officers have met with the steering group to discuss how these comments and the current submitted Plan has taken most of them into account. The parish has taken their plan forward in a positive way.
7. The parish council has also had an independent health check of their Plan carried out once they had prepared a revised version of their Plan following the pre-submission consultation. This was carried out by an experienced neighbourhood plan examiner, Ann Skippers, who considered the Plan to be presented well with clear differentiation of planning policies and a clearly articulated vision. She considered each policy and suggested some changes to the Plan that have been considered by the parish council in preparing the submission version of their Plan.
8. On 2 February 2021, Waterbeach Parish Council submitted their Neighbourhood Plan to SCDC. Officers have confirmed, as set out in the Legal Compliance Check for the Neighbourhood Plan that the submitted version of the Neighbourhood Plan and its accompanying supporting documents comply with all the relevant statutory requirements at this stage of plan making.
9. We therefore were able to carry out a consultation on the Waterbeach Neighbourhood Plan from 16 February until 20 April 2021.
10. Officers, in conjunction with Waterbeach Parish Council, appointed an independent examiner to consider this Neighbourhood Plan. The examiner appointed to undertake the examination of a Neighbourhood Plan: must be independent of both the District Council and Parish Council; cannot be the same examiner that undertakes a health check of the Neighbourhood Plan; and must not have any interest in any land that may be affected by the Neighbourhood Plan. The examiner appointed was Peter Bigger of POC Penny O’Shea Consulting. On 10 May 2021 the Neighbourhood Plan, its accompanying supporting documents and all comments submitted during the public consultation on the submission version of the Neighbourhood Plan were provided to the examiner with a request for him to carry out the examination on the Neighbourhood Plan. .
11. The examiner issued a clarification note on 20 May 2021 which SCDC responded to on 1 June and the Parish Council responded to by 9 June. A further question was issued for the parish council which they replied to on 11 June 2021.
12. The Examiner’s Report was received on 2 August 2021 (see Appendix 1). The examiner in his report concludes that subject to a series of recommended modifications the Waterbeach Neighbourhood Plan meets all the necessary legal requirements and should proceed to referendum. He also recommends that the referendum should be held within the neighbourhood area only.
13. Now that the Examiner’s Report has been received, the Council is required to consider the conclusions of the Examiner’s Report, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions. The Council must publish its decision in a decision statement.
14. Where an examiner has concluded that the Neighbourhood Plan meets the Basic Conditions (with or without modifications) and is legally compliant, and therefore that the Neighbourhood Plan should proceed to referendum, the Council has limited options in how to respond. The options are as follows:
Option 1: Act upon the conclusions in the Examiner’s Report, including making any recommended modifications to the Neighbourhood Plan, and proceed to referendum, provided that the Council confirms that the Basic Conditions have been met.
Option 2: Take a decision substantially different from the Examiner’s conclusions, wholly or partly as a result of new evidence or fact, or a different view is taken by the Council as to a particular fact, including that the Council is unable to confirm that the Basic Conditions have been met.
15. National regulations require the Council to make a decision on the Examiner’s Report and whether the Neighbourhood Plan should proceed to referendum within 5 weeks of receipt of the report (unless an alternative longer timescale is agreed with the Parish Council). Officers have been working with the Parish Council and a longer timescale has been agreed to ensure that there is agreement between the two councils to all the proposed changes that are included in the referendum version of the plan.
16. Officers have concluded that Option 1 should be followed for the reasons set out in the following paragraphs of this decision statement. Officers agree with the examiner’s conclusions, including his recommended modifications to the Neighbourhood Plan, and agree that the Neighbourhood Plan should proceed to referendum.
17. To successfully proceed through its examination to a referendum, a Neighbourhood Plan must meet a number of tests known as the ‘Basic Conditions’. The Basic Conditions are set out in national planning regulations and are summarised as follows:
· having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the Neighbourhood Plan.
· the making of the Neighbourhood Plan contributes to the achievement of sustainable development.
· the Neighbourhood Plan is in general conformity with the strategic policies contained in the development plan for the area.
· the making of the Neighbourhood Plan does not breach, and is otherwise compatible with, EU obligations; and
· prescribed conditions are met in relation to the Neighbourhood Plan, including that the making of the neighbourhood plan is not likely to have a significant effect on a European wildlife site or a European offshore marine site either alone or in combination with other plans or projects.
The Council’s Neighbourhood Planning Toolkit includes Guidance Note 11 (What are the Basic Conditions and How to Meet Them), which sets out further details on each of the Basic Conditions.
18. It should be noted that an updated version of the National Planning Policy Framework (NPPF) was published on 20 July 2021 whilst the examiner was preparing his report. Because the revised NPPF was brought in with immediate effect he has considered this as part of his examination of the Waterbeach Neighbourhood Plan (see paragraph 5.1 of his report on page 13).
19. To proceed to a referendum, a Neighbourhood Plan must also meet a number of legal requirements, such as whether the Neighbourhood Plan has been prepared by a qualifying body and meets the definition and scope of a Neighbourhood Plan.
20. The examiner concludes in the Summary and overall recommendation (pages 3-4 of his report) that subject to a series of recommended modifications the Waterbeach Neighbourhood Plan meets the Basic Conditions and all the necessary legal requirements. These modifications are set out mainly in Chapter 6 of his report (page 17-50). The examiner’s recommended modifications do not fundamentally change the role or purpose of the Neighbourhood Plan; they have been recommended by the examiner to provide clarity and precision.
21. Officers, in conjunction Waterbeach Parish Council, have reviewed the examiner’s conclusions and recommended modifications, and officers and the Parish Council have agreed each of the recommended modifications considered necessary by the examiner for the Neighbourhood Plan to meet the Basic Conditions. A ‘Referendum’ version of the Waterbeach Neighbourhood Plan has been prepared including these modifications (see Appendix 2).
22. Additional non-material modifications to the Neighbourhood Plan have also been prepared by officers and agreed with Waterbeach Parish Council, and these additional modifications are also included in the ‘Referendum’ version of the Neighbourhood Plan (see Appendix 2). These modifications have been made in accordance with guidance set out in national planning guidance[1] which states that minor (non-material) updates to a Neighbourhood Plan that would not materially affect the policies in the plan can be made by the District Council at any time, provided they have the consent of the Parish Council, and that these modifications can be made without the need for consultation or examination.
23. In summary, these additional non-material modifications include the following:
· Updates to Chapters 1 to reflect current stage of the Neighbourhood Plan
· Updates to Chapter 3 and 6 to reflect current planning permissions for Waterbeach New Town and for the relocated railway station since the plan was submitted to SCDC
· Amendments where policies are mentioned in Chapter 6 to ensure the full title is referenced and related objective from Table 5.1 in the Plan.
· Appendix 1 has had paragraph numbering reviewed.
24. Officers have undertaken a Basic Conditions and Legal Compliance check of the ‘Referendum’ version of the Neighbourhood Plan (see Appendix 3) and consider that the Neighbourhood Plan meets all the requirements.
25. As the modifications made to the Waterbeach Neighbourhood Plan do not change the essence of its planning policies, the SEA and HRA screening undertaken on a draft version of the Neighbourhood Plan in April 2019, and the screening determination published in March 2020 remain valid.
26. The examiner concludes in the Summary and overall recommendation and in Chapter 8 of his report that, subject to the incorporation of his recommended modifications, the Neighbourhood Plan should proceed to referendum. (see paragraph 8.1) He also concludes that it is appropriate for the referendum area to be the neighbourhood area designated by SCDC in August 2015. (see paragraph 8.3-8.4). He formally sets out these findings in Recommendation 28 (See page 55 of his report) –
I recommend to South Cambridgeshire District Council that the Waterbeach Neighbourhood Development Plan, modified as specified above, should proceed to a referendum based on the Waterbeach Neighbourhood Area as approved by the District Council on 10 August 2015.
27. The examiner’s conclusions on the referendum area are consistent with that proposed by the Council in its response on the submission version of the Neighbourhood Plan agreed by the Lead Cabinet Member for Planning in April 2021. Therefore, as it has been demonstrated by officers that the ‘Referendum’ version of the Waterbeach Neighbourhood Plan meets all the legislative requirements, officers concur with the examiner that the Neighbourhood Plan should proceed to referendum and that the referendum area should be the neighbourhood area.
28.There were changes made to the national regulations about neighbourhood plans and referendums by the government due to the Covid19 pandemic which stated that referendums could not take place on a neighbourhood plan until 6 May 2021. As this date has now passed SCDC will be able to proceed to referendum with the Waterbeach Neighbourhood Plan. The regulations state that a referendum should take place within 56 working days of the day after the publication of this decision statement. And therefore, SCDC will proceed to set a date for the referendum once this statement is published. Once the neighbourhood plan is allowed to proceed to referendum the national regulations revised due to Covid19 pandemic state that a plan can be given significant weight in determining planning applications in the area.
29. If a Neighbourhood Plan is successful at referendum, the Neighbourhood Plan becomes part of the development plan for the area[2], although the formal ‘making’ of the Neighbourhood Plan will not happen until SCDC’s full Council are asked to do this at their next meeting following the referendum.
30.In the writing of this report, taking into account financial, legal, staffing, risk management, equality and diversity, climate change, community safety and any other key issues, the following implications have been considered:
31.Financial: the costs of the examination and referendum have to be initially met by SCDC. However, the Council can claim a £20,000 government grant per Neighbourhood Plan once a plan has been successfully through the examination and the Council has set a date for the referendum.
32.Legal: where the examiner has concluded that the Neighbourhood Plan is legally compliant, meets the Basic Conditions (with or without modifications), and should proceed to referendum, the Joint Director for Planning and Economic Development has delegated authority to make the decision on the way forward, in consultation with the Planning Lead Member (as agreed by Cabinet at its meeting on 26 July 2018). National regulations and planning guidance for Neighbourhood Plans require that the Council considers the conclusions of the Examiner’s Report, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions. The Council’s decision must be published in a decision statement.
33. Staffing: the responsibilities associated with delivering neighbourhood planning are being undertaken within the existing resources of the Planning Policy Team, drawing upon the expertise of other staff as required.
34. Equality and Diversity: these issues have been considered in the preparation of the Neighbourhood Plan, as to meet the Basic Conditions a Neighbourhood Plan must not breach, and is otherwise compatible with, EU obligations, including Human Rights. Included as part of the Basic Conditions Statement is an assessment undertaken by Waterbeach Parish Council to examine the impact of the Neighbourhood Plan in relation to the ‘protected characteristic’ as identified in the Equality Act 2010 and concludes that the Neighbourhood Plan has regard to the fundamental rights and freedoms guaranteed under the European Convention on human Rights (ECHR). See page 76 of the Basic Conditions Report paragraphs 5.5-5.7 https://www.scambs.gov.uk/media/16736/waterbeach-neighbourhood-plan-basic-conditions-statement-december-2020.pdf The examiner has agreed with this assessment ( see paragraph 5.20 – 5.28 of his report page17).
Decision Maker: Joint Director for Planning and Economic Development
Decision published: 20/01/2022
Effective from: 20/01/2022
Decision:
That the Joint Director for Planning and Economic Development, having consulted with the Planning Lead Member, agrees:
a. that South Cambridgeshire District Council should act upon the conclusions in the Examiner’s Report on the Waterbeach Neighbourhood Plan (see Appendix 1) and that the Neighbourhood Plan should proceed to a referendum as set out by the national regulations.
b. the ‘referendum’ version of the Waterbeach Neighbourhood Plan (as set out in Appendix 2);
c. the ‘referendum’ version of the Waterbeach Plan be given significant weight in decision making and that the area for the referendum should be the Neighbourhood Area.
Wards affected: Milton & Waterbeach;
Lead officer: Alison Talkington
This is a new business support grant scheme that has been created following government announcements of additional funding to be distributed to eligible businesses by local authorities, in light of the Omicron variant.
The policy also provides an update in relation to the Additional Restrictions Grant (ARG) to support businesses who are not eligible for the main Omicron grant scheme.
To approve the update to the Omicron Hospitality and Leisure Grants Support policy as detailed within the ‘Subject Matter’ box above.
This policy has been developed following guidance from Government and in consultation with the Lead Cabinet Officer for Business Recovery and Skills.
Decision Maker: Chief Executive
Decision published: 14/01/2022
Effective from: 14/01/2022
Decision:
Local authorities are responsible for delivering funding support to eligible businesses in response to measures that have been put in place in response to the Covid-19 pandemic.
The Omicron Hospitality and Leisure Grants Support policy sets out how SCDC will administer support to businesses impacted by the rise of the Omicron variant. In order to formalise updated arrangements for carrying out this function in line with government guidance, the Chief Executive, in exercise of the emergency delegation in paragraph 4.4 of the Scheme of Delegation in Part 3 of the Constitution, and the emergency delegation approved by the Leader of the Council on 30 March 2020, authorising the Chief Executive to exercise all executive functions, or to authorise specified officers to exercise any such functions, and after consultation with the Leader of the Council:-
1 Approves the updated Omicron Hospitality and Leisure Grants Support policy, including details of how grant schemes will be administered.
2. Authorises the Chief Finance Office to approve future individual discretionary grants for small businesses, as set out within the policy.
Wards affected: (All Wards);
Lead officer: Tracey Brockman
1. The purpose of this report is to agree the Council’s response to the public consultation on the submission version of the Fulbourn Neighbourhood Plan. The consultation runs for 10 weeks from 9 November 2021 until 18 January 2022.
2. The Fulbourn Neighbourhood Area was designated on 13 August 2018. The neighbourhood area is for the whole parish of Fulbourn.
3. Officers have met with the steering group ahead of the formal pre-submission consultation process and recognise the hard work that those on the steering group of the neighbourhood plan have put into preparing the Plan. This group has strived to ensure that the whole village had an opportunity to have an input into the final Plan.
4. A Strategic Environmental Assessment (SEA) and Habitats Regulations Assessment (HRA) screening was undertaken on a draft version of the Neighbourhood Plan, and a screening determination was published in November 2020.
5. Pre-submission public consultation on the draft Neighbourhood Plan was undertaken by the Parish Council from 1 January 2021 until 28 February 2021. Officers provided a formal response to the consultation, providing constructive comments about the Neighbourhood Plan to assist the neighbourhood plan group with finalising the Neighbourhood Plan. Officers have met with the steering group to discuss these comments and are aware that the submission version of the plan has taken upon board many of the suggested changes.
6. On 18 October 2021, Fulbourn Parish Council submitted their Neighbourhood Plan to SCDC. Officers have confirmed, as set out in the Legal Compliance Check for the Neighbourhood Plan that the submitted version of the Neighbourhood Plan and its accompanying supporting documents comply with all the relevant statutory requirements at this stage of plan making.
7. We therefore were able to carry out a consultation on the Fulbourn Neighbourhood Plan from 9 November 2021 until 18 January 2022. This extended period of consultation is to take into account that the consultation period extends over the Christmas and New Year holiday period. We wished to ensure everyone had an opportunity to comment on the Plan.
8. Officers, in conjunction with Fulbourn Parish Council, are in the process of appointing an independent examiner to consider this Neighbourhood Plan. All comments submitted during the public consultation on the submission version of the Neighbourhood Plan will be provided to the examiner for their consideration.
9. The Fulbourn Neighbourhood Plan has been prepared by Fulburn Parish Council to provide planning policies for development in the area, with the aim of providing greater clarity when determining planning applications in the area. The Neighbourhood Plan includes 16 planning policies that cover a range of issues including:
(i) Protecting the village setting and separation
(ii) Enhancing the rural environment
(iii) Local green spaces and amenity areas
(iv) Village character
(v) Residential development
(vi) Employment
(vii) Community facilities
(viii) Sustainable transport and mobility.
10. To successfully proceed through its examination to a referendum, a Neighbourhood Plan must meet a number of tests known as the ‘Basic Conditions’. These tests are different to the tests of soundness that a Local Plan must meet. The Basic Conditions are set out in national planning guidance and are summarised as follows:
(a) having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the Neighbourhood Plan.
(b) the making of the Neighbourhood Plan contributes to the achievement of sustainable development.
(c) the Neighbourhood Plan is in general conformity with the strategic policies contained in the development plan for the area.
(d) the making of the Neighbourhood Plan does not breach, and is otherwise compatible with, EU obligations; and
(e) prescribed conditions are met in relation to the Neighbourhood Plan, including that the making of the neighbourhood plan is not likely to have a significant effect on a European wildlife site or a European offshore marine site either alone or in combination with other plans or projects.
(f) the making of the neighbourhood development plan does not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017.
Our Neighbourhood Planning Toolkit includes Guidance Note 11 (What are the Basic Conditions and How to Meet Them), which sets out further details on each of the Basic Conditions. When a Neighbourhood Plan is submitted to the local planning authority it must be accompanied by a Basic Conditions Statement that sets out how the Parish Council considers that their Neighbourhood Plan meets the Basic Conditions.
11. When considering a Neighbourhood Plan, the examiner will assess whether or not the Neighbourhood Plan meets the Basic Conditions. When an examiner recommends that the Neighbourhood Plan should proceed to referendum (if it meets the Basic Conditions, with or without modifications), the examiner’s report must also set out whether the referendum area should be extended beyond the neighbourhood area. Comments made during the current consultation on the submission version of the Neighbourhood Plan, which will be provided to the examiner for their consideration, should therefore address whether the submitted Neighbourhood Plan meets the Basic Conditions and can also address whether the referendum area should be extended beyond the neighbourhood area.
12. SCDC is fully supportive of Parish Councils bringing forward Neighbourhood Plans for their areas, including Fulbourn Parish Council’s decision to prepare a Neighbourhood Plan, and officers have been supporting the Parish Council in the plan’s preparation. The Council’s proposed response to this public consultation on the submission version of the Neighbourhood Plan is set out in Appendix 1.
13. SCDC is supportive of the aims of the Fulbourn Neighbourhood Plan and our comments are intended to help the Plan to be successful at examination as well as delivering policies that are clear in their meaning and are unambiguous in their interpretation. SCDC recognise the achievement of Fulbourn PC in reaching this stage of submitting their Plan to us for examination.
14. If the examiner is minded to recommend that the Neighbourhood Plan should proceed to referendum, the Council does not feel that the referendum area needs to be extended beyond the designated Neighbourhood Area as the planning policies included in the plan would not have a substantial, direct or demonstrable impact beyond the parish.
Decision Maker: Lead Cabinet member for Planning
Decision published: 11/01/2022
Effective from: 19/01/2022
Decision:
To agree the response from SCDC set out at Appendix 1.
Wards affected: Fen Ditton & Fulbourn;
Lead officer: Alison Talkington