Appendix B

 

 

Equality impact assessment (EIA) form: evidencing paying due regard to protected characteristics

(Form updated April 2023)

 

NEIGHBOURHOOD PLANNING – Bradleys Both Neighbourhood Development Plan

 

Equality Impact Assessments (EIAs) are public documents.  EIAs accompanying reports going to County Councillors for decisions are published with the committee papers on our website and are available in hard copy at the relevant meeting.  To help people to find completed EIAs we also publish them in the Equality and Diversity section of our website.  This will help people to see for themselves how we have paid due regard in order to meet statutory requirements. 

 

Name of Directorate and Service Area

Community Development, Planning

 

Lead Officer and contact details

Trevor Watson, Assistant Director (Planning)

trevor.watson@northyorks.gov.uk

 

Ruth Parker, Principal Spatial Planning Officer

Ruth.Parker@northyorks.gov.uk

Names and roles of other people involved in carrying out the EIA

 

N/A

 

How will you pay due regard? e.g. working group, individual officer

The Bradleys Both Neighbourhood Development Plan has been prepared and submitted by Bradleys Both Parish Council.  Spatial Planning Officers have worked with Bradley Parish Council as part of the local planning authority’s duty to support those preparing neighbourhood plans.

An EIA was produced in March 2022 and was provided as appendix 5 to the submitted Bradleys Both Neighbourhood Plan and can be viewed at Bradley | North Yorkshire Council 

 

When did the due regard process start?

October 2022 (submission of the Bradleys Both NDP)

 

Section 1. Please describe briefly what this EIA is about. (e.g. are you starting a new service, changing how you do something, stopping doing something?)

All Development Plan Documents, including Neighbourhood Plans are accompanied by an Equalities Impact Assessment (EIA) to ensure that planning policies do not unlawfully discriminate against any protected characteristic.

 

 

Section 2. Why is this being proposed? What are the aims? What does the authority hope to achieve by it? (e.g. to save money, meet increased demand, do things in a better way.)

 

The Localism Act 2011 introduced new powers for people, including Parish Councils to make neighbourhood plans for their local areas, putting in place a strategy and policies for the future development of their areas.  Once made/adopted a Neighbourhood Plan forms part of the statutory development plan for the area, which means that local planning authorities and planning inspectors considering planning applications or appeals must make their decisions in accordance with the policies of the development plan for the area, unless material considerations indicate otherwise.

The EIA prepared and submitted with the Bradleys Both Neighbourhood Plan assesses whether the planning policies included within the plan do not unlawfully discriminate against any protected characteristic. Bradley | North Yorkshire Council 

 

 

Section 3. What will change? What will be different for customers and/or staff?

 

Following a successful referendum the Bradleys Both Neighbourhood Plan now forms part of the statutory development plan for the area, which means that local planning authorities and planning inspectors considering planning applications or appeals must make their decisions in accordance with the policies of the development plan for the area, unless material considerations indicate otherwise.  North Yorkshire Council is required to formally make or adopt the Bradleys Both NDP. 

 

 

Section 4. Involvement and consultation (What involvement and consultation has been done regarding the proposal and what are the results? What consultation will be needed and how will it be done?)

 

The submitted Bradleys Both Neighbourhood Plan and associated documents including the EIA submitted as appendix 5 to the Bradleys Both Neighbourhood Plan has been subject to a period of public consultation as required by The Neighbourhood Planning (General) Regulations 2012 (as amended).

Further details about public consultation that has been carried out by the Parish Council on the draft Bradley’s Both Neighbourhood Plan is provided in the EIA to the Bradleys Both Neighbourhood Plan, submitted as appendix 5.

Bradley | North Yorkshire Council 

 

 

 

Section 5. What impact will this proposal have on council budgets? Will it be cost neutral, have increased cost or reduce costs?

 

The Localism Act requires the local planning authority to pay for the local referendum and examination in respect of a neighbourhood plan. The Department for Levelling Up Housing and Local Communities (DHULC) provides financial support for neighbourhood planning in the form of a Neighbourhood Planning Grant (NPG).   The NPG will be used to fund the referendum for the Bradley Neighbourhood Plan.

 

 

Section 6. How will this proposal affect people with protected characteristics?

No impact

Make things better

Make things worse

Why will it have this effect? Provide evidence from engagement, consultation and/or service user data or demographic information etc.

Age

 

X

 

 

Bradleys Both Parish Council Neighbourhood Development Plan - Priority is to support a fluid housing market achieved through provision of 2/3 bed properties, which will be attractive to both first time buyers, new households and downsizers. This in turn should help support movement to existing larger properties within the parish. Consequently, the plan will support the retention of young people in the community alongside providing more suitable accommodation for older empty nesters; therefore, it is felt that this should have a positive impact across the 'age' protected characteristic.

 

Plan also protects named amenities; this is vital for the wellbeing of the community and helping ensure it remains sustainable. Access to amenities is of significant importance to older residents who may not have access to their own transport; likewise, the protection extends to facilities for young people and children further supporting the argument around retaining them within the community.

 

Disability

 

X

 

The plan seeks to ensure that new developments area accessible and help to deliver improvements to safety and accessibility. The identification of key amenities to be protected from development will be of particular benefit to disabled residents who may struggle to access facilities further afield.

 

Sex

X

 

 

Policies and proposals aim to support new housing and protect community facilities for all members of the community.

 

Race

X

 

 

As above

 

Gender reassignment

X

 

 

As above

 

 

Sexual orientation

X

 

 

As above

 

Religion or belief

X

 

 

Whilst there is no obvious impact the retention of key church facilities within the parish (St Marys COE and Bradley Methodist Church) will ensure the congregations will not be required to travel for worship. There is no mention of facilities for other faith groups however they should be afforded the same level of retention as part of the plan.

 

Pregnancy or maternity

X

 

 

As above

 

 

Marriage or civil partnership

X

 

 

As above

 

 

Please note that the information in the above table has been taken from the EIA to the Bradleys Both Neighbourhood Plan, submitted as appendix 5.  Bradley | North Yorkshire Council

 

Section 7. How will this proposal affect people who…

No impact

Make things better

Make things worse

Why will it have this effect? Provide evidence from engagement, consultation and/or service user data or demographic information etc.

..live in a rural area?

 

 

 

X

 

The Bradleys Both Neighbourhood Plan includes policies that aim to support new housing, employment and local businesses, infrastructure improvements and protect the environment and community facilities for all members of the community.

…have a low income?

 

 

 

X

 

As above

…are carers (unpaid family or friend)?

 

X

 

As above

….. are from the Armed Forces Community

 

X

 

As above

 

 

Section 8. Geographic impact – Please detail where the impact will be (please tick all that apply)

North Yorkshire wide

 

 

Craven district

X Relating to Bradleys Both Parish

 

Hambleton district

 

 

Harrogate district

 

 

Richmondshire district

 

Ryedale district

 

 

Scarborough district

 

 

Selby district

 

 

If you have ticked one or more districts, will specific town(s)/village(s) be particularly impacted? If so, please specify below.

 

 

 

 

Section 9. Will the proposal affect anyone more because of a combination of protected characteristics? (e.g. older women or young gay men) State what you think the effect may be and why, providing evidence from engagement, consultation and/or service user data or demographic information etc.

 

The proposal will have the same effect on all people with protected characteristics.

 

 

 

 

Section 10. Next steps to address the anticipated impact. Select one of the following options and explain why this has been chosen. (Remember: we have an anticipatory duty to make reasonable adjustments so that disabled people can access services and work for us)

Tick option chosen

1.      No adverse impact - no major change needed to the proposal. There is no potential for discrimination or adverse impact identified.

X

2.      Adverse impact - adjust the proposal - The EIA identifies potential problems or missed opportunities. We will change our proposal to reduce or remove these adverse impacts, or we will achieve our aim in another way which will not make things worse for people.

 

3.      Adverse impact - continue the proposal - The EIA identifies potential problems or missed opportunities. We cannot change our proposal to reduce or remove these adverse impacts, nor can we achieve our aim in another way which will not make things worse for people. (There must be compelling reasons for continuing with proposals which will have the most adverse impacts. Get advice from Legal Services)

 

4.      Actual or potential unlawful discrimination - stop and remove the proposal – The EIA identifies actual or potential unlawful discrimination. It must be stopped.

 

Explanation of why option has been chosen. (Include any advice given by Legal Services.)

 

 

See the EIA to the Bradleys Both Neighbourhood Plan, submitted as appendix 5.

Bradley | North Yorkshire Council

 

 

 

Section 11. If the proposal is to be implemented how will you find out how it is really affecting people? (How will you monitor and review the changes?)

 

All adopted local plan policies are regularly monitored by the Parish Council and if necessary reviewed and updated.

 

 

 

Section 12. Action plan. List any actions you need to take which have been identified in this EIA, including post implementation review to find out how the outcomes have been achieved in practice and what impacts there have actually been on people with protected characteristics.

Action

Lead

By when

Progress

Monitoring arrangements

See section 11 above

 

 

 

 

 

 

 

Section 13. Summary Summarise the findings of your EIA, including impacts, recommendation in relation to addressing impacts, including any legal advice, and next steps. This summary should be used as part of the report to the decision maker.

 

All Development Plan Documents are accompanied by an Equalities Impact Assessment (EIA) to ensure that planning policies do not unlawfully discriminate against any protected characteristic. An EIA was provided as appendix 5 to the submitted Bradley Neighbourhood Plan and can be viewed at Bradley | North Yorkshire Council  This EIA concludes that the submitted Bradley Neighbourhood Plan itself has no negative impacts on any of the protected characteristics but any need for mitigation that arises subsequently could be addressed as part of the planning process. 

 

 

Section 14. Sign off section

 

This full EIA was completed by:

 

Name: Ruth Parker

Job title: Principal Spatial Planning Officer

Directorate: Community Development

Signature:

 

Completion date:  8TH August 2023

 

Authorised by relevant Assistant Director (signature):

 

Date: 21 August 2023