NORTH YORKSHIRE COUNCIL

NOTICE OF URGENT ITEM

Access to Information Procedure Rule 15 – General Exception

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‘Making’/Adopting of the Clapham cum Newby Neighbourhood Plan

To the Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee

The Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 15:

15.1     If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a)        the Assistant Chief Executive (Legal and Democratic Services) has informed the Chair of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b)        the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c)        at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2     As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that notice on the Council’s website.

It is anticipated that on 4 November 2025, the Executive will consider a report presenting the results of the Clapham cum Newby Neighbourhood Development Plan (NDP) referendum, the requirements of North Yorkshire Council as the Local Planning Authority to formally ‘make’ or adopt the Clapham cum Newby Neighbourhood Development Plan, and the Regulation 19 Decision Statement, which sets out the Local Planning Authorities’ decision in terms of making or adopting the Clapham cum Newby Neighbourhood Development Plan and the reasons for making that decision.

The intention to make the key decision has been published on the Forward Plan but not for the full, requisite 28 clear day period.

This matter requires a decision by the Executive on 4 November 2025 and cannot reasonably be deferred, to enable the timely consideration and progress of this matter. The referendum for the Clapham cum Newby Neighbourhood Development Plan took place on 18 September, and a ‘yes’ vote prevailed when parish residents were asked the question "Do you want North Yorkshire Council to use the neighbourhood plan for Clapham cum Newby to help it decide planning applications in the neighbourhood area?". North Yorkshire Council, as the Local Planning Authority is required to formally ‘make’ or adopt the Clapham cum Newby Neighbourhood Development Plan within 8 weeks from the day after the date of the referendum (i.e. by 13 November 2025).  This requirement is set out in the Neighbourhood Planning (General) Regulations 2012 (as amended). 

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as the Chair of the Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee that it is intended that this matter be considered by Executive on 4 November 2025.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: 9 October 2025

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To [the Chair of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – delete as appropriate]

The Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 15:

15.1                                                                                                                                                                                  If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a)                                                                                                                                                                         the Assistant Chief Executive (Legal and Democratic Services) has informed the Chair of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b)                                                                                                                                                                         the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c)                                                                                                                                                                         at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2                                                                                                                                                                                  As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that notice on the Council’s website.

It is anticipated that on FIELD_DUE_DATE, the FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.

The intention to make the key decision has been published on the Forward Plan but not for the full, requisite 28 clear day period.

This matter requires a decision by the FIELD_DMTITLE on FIELD_DUE_DATE and cannot reasonably be deferred, to enable the timely consideration and progress of this matter and FIELD_USE_URGENCY_EXPLAIN.

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as [the Chair of the relevant Overview and Scrutiny Committee/ Members of the relevant Overview and Scrutiny Committee – delete as appropriate] that it is intended that this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

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FIELD_TITLE

To [the Chair of the [insert name] Overview and Scrutiny Committee/Members of the [insert name] Overview and Scrutiny Committee – delete as appropriate]

The Council’s Constitution provides that if a matter which is likely to be a key decision has not been included on the Council’s Forward Plan for the requisite period, the decision may still be taken if an urgency procedure is followed.

Under Access to Information Procedure Rule 15:

15.1                                                                                                                                                                                  If the publication of the intention to make a key decision is impracticable and a matter which is likely to be a key decision has not been included in the forward plan for the requisite period as set out in Rule 13.2, then subject to Rule 16 (special urgency), the decision may still be taken if: 

(a)                                                                                                                                                                         the Assistant Chief Executive (Legal and Democratic Services) has informed the Chair of a relevant overview and scrutiny committee, or if there is no such person, each member of that committee by notice in writing, of the matter about which the decision is to be made;

(b)                                                                                                                                                                         the Assistant Chief Executive (Legal and Democratic Services) has made copies of that notice available to the public at the offices of the Council and on the Council’s website; and

(c)                                                                                                                                                                         at least five clear days have elapsed following the day on which the Assistant Chief Executive (Legal and Democratic Services) complied with (a) and (b).

15.2                                                                                                                                                                                  As soon as reasonably practicable after the Assistant Chief Executive (Legal and Democratic Services) has complied with (a) to (c) above, s/he must make available at the Council’s offices a notice setting out the reasons why compliance with Rule 13.2 is impracticable and publish that notice on the Council’s website.

It is anticipated that on FIELD_DUE_DATE, the FIELD_DMTITLE will consider a report re FIELD_ISSUE_SUMMARY.

The intention to make the key decision has been published on the Forward Plan but not for the full, requisite 28 clear day period.

This matter requires a decision by the FIELD_DMTITLE on FIELD_DUE_DATE and cannot reasonably be deferred, to enable the timely consideration and progress of this matter and FIELD_USE_URGENCY_EXPLAIN.

In accordance with the General Exception provisions in Access to Information Procedure Rule 15, I am, therefore, informing you as [the Chair of the relevant Overview and Scrutiny Committee/ Members of the relevant Overview and Scrutiny Committee – delete as appropriate] that it is intended that this matter be considered by FIELD_DMTITLE on FIELD_DUE_DATE.

BARRY KHAN

Assistant Chief Executive (Legal and Democratic Services)

Dated: FIELD_ISSUE_FIRST_PUBLIC_PUB

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