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Number
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Recommended
Modification
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North Yorkshire
Council’s response regarding Basic Conditions
compliance
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1A
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Delete Chapter 5 of
the Plan together with the Project Delivery Plan from Chapter 6 and
transfer the contents to a new Appendix 1 to the plan entitled
“Community Actions”
Renumber other
appendices and amend the plan’s table of contents as
necessary.
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Agreed. Ensures Basic
Conditions compliance.
Created new chapter 5
monitoring review implementation
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1B
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Rework the section at
1.22 on the Structure of the Plan as follows to reflect this change
using the introductory paragraph from the current Community Actions
Chapter:
“1.22 The core
of the Neighbourhood Plan that follows comprises 4 main chapters
and a set of appendices:
• Chapter 2:
Malton and Norton…..
• Chapter 3:
Vision and Objectives …..
• Chapter 4:
Neighbourhood Plan Policies and Proposals …..
• Chapter 5:
Monitoring, Review and Implementation – recognises that
…. and be a standing agenda item.
• The Appendices
– provide detailed site-based and other information
underpinning many of the planning policies.
Neighbourhood Plans
are expected to predominantly deal with matters covered by various
Acts of Parliament relating to town planning. In drafting the
Neighbourhood Plan, however, various matters have been raised that
are not related to planning and beyond the scope of the issues
which the plan might address via planning policies. The town
councils are keen to respond to any such matters that influence the
quality of the two towns and view the Neighbourhood Plan as an
opportunity to set a framework for the use of their powers and for
work with third parties in order to secure physical improvements to
the area. Appendix 1 sets out Community Actions and a Project
Delivery Plan designed to address issues and matters raised by the
community and through the work of the steering
group.
Done
1.23 In addition a
Neighbourhood Plan Policies Map…..”
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Agreed. Ensures Basic
Conditions compliance.
Change Proposals Map
to Policies Map.
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1C
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Add new section of
text at the end of Chapter 2 of the plan as follows:
“2.11 The key
issues for this Neighbourhood Plan to address, both in the light of
the above and in response to community concerns raised during plan
preparation are as follows:-
•The congestion
and resultant pollution in Malton Town Centre;
•Riverside
regeneration;
•Protection of
key open spaces and their connectivity;
•Development of
key community and visitor facilities;
•Protection and
enhancement of the towns’ rich and extensive
heritage;
•Ensuring new
housing meets local needs;
•Support for key
local employment sectors;
•Maintaining
vibrant town centres.”
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Agreed. Provides
clarity.
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2A
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Update references in
paragraph 1.3 in preparing the referendum version of the plan as to
the position regarding the RLP and NYLP.
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Agreed. Provided up to
date clarification
Provided the following
wording
1.3 The town councils
acknowledge that the Ryedale Plan (the Local Plan),
the extant strategic development plan, is under review as
part of the preparation of the new Local Plan for North
Yorkshire, which has now formally commenced, and will ultimately
supersede the Ryedale Plan upon its adoption. The Ryedale Plan
already recognises in Policy SP1 (General Location of Development
and Settlement Hierarchy) that it will need to take account of
adopted Neighbourhood Plans. As this Neighbourhood Plan
will be part of the Development Plan at the same time as the
emerging strategic development plan for North Yorkshire, this
emerging plan will need to have regard to any local/site specific
considerations which have emerged from the Neighbourhood Planning
process.
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2B
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In Paragraph 1.5
delete the first sentence and replace with: “Neighbourhood
Plans are land use planning documents which, once
‘made’ (i.e. adopted), become a part of the statutory
Development Plan.”
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Agreed.
Clarification.
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2C
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In Paragraph 1.5
delete the second sentence and replace with:
“They must have
regard to national policies and advice and be in general conformity
with the strategic policies of the Development Plan for the area.
They help to ensure that these policies are implemented in line
with local needs rather than being imposed on
communities”.
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Agreed.
Clarification.
Also amended 1.6 to
read:
“Plans are
subject to independent examination and a referendum before they ca
be adopted by North Yorkshire Council as planning policy
that is…”
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2D
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Paragraph 1.21 Line 6
– Delete the words ‘ If a majority are in favour’
and replace with the following:
“If a majority
of those voting are in support of the Neighbourhood Plan it will
then be ‘made’….”
Note that as per
Recommendation 1B the text at paragraph 1.22 is also recommended to
be modified.
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Agreed.
Clarification.
Also removed the word
‘outcome’ and role to ‘roll’ in paragraph
1.21 as typographical amendments.
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2E
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Revise graphic on page
6 (use full Titles)
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Agreed.
Clarification:
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3A
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Reword the first
paragraph of Policy TM1 to read :
“Development
directly affecting the Malton and Norton footpath, cycleway and
bridleway network should not result in any adverse impact on the
network and should contribute to its improvement.”
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Agreed.
Clarification.
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3B
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Reword the third
bullet of the last paragraph to Policy TM1 to read:
“Providing safe,
secure, clearly visible and covered cycle parking, (to promote
cycling), as part of any new development which includes provision
of car parking spaces particularly within Malton Town
Centre”.
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Agreed.
Clarification.
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4A
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Applying the
typographical correction at Appendix 2 below reword the first
requirement of policy TM6 to read:
“does not cause
an unacceptable impact on highway safety nor any severe residual
cumulative impacts on the road network (factoring in plan
allocations and any extant planning permissions in Malton and
Norton).”
Create a new second
requirement to read:
“mitigates any
congestion impacts to ensure highway safety and ease of access to
the local road network, particularly within Malton and Norton Town
Centres”.
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Agreed.
Clarification.
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5A
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Delete policy TM7 with
the exception of the last paragraph commencing
‘In respect of ….’
Insert in line 3 of
that paragraph after the word ‘provision’ the words
“set out in Building Regulations Approved Document S or a
replacement document to it….”
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Agreed. To ensure that
it is not replicating established national policy – but
retain a higher standard than the minimum.
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5B
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Make consequent
amendments to the supporting text as follows:
Delete the first 3
sentences of paragraph 4.1.26 – Replace with the following
:
“The Building
Regulations Approved Document S sets out in full detail the
requirements for electric vehicle charging infrastructure in
different classes of development and it is not necessary to repeat
these standards in the Neighbourhood plan. However, in the vicinity
of the Malton AQMA…”
Insert after the word
‘encouraged’ in the penultimate line of paragraph
4.1.26 the words “in Policy TM7”
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Agreed. Relates to
5A
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6A
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Delete current
paragraph 2 of Policy RC2 and replace with :
“Support will be
subject to:
-
No adverse effects on the integrity of the River Derwent
SAC
-
No residential or other highly or more vulnerable
uses…….etc”
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Agreed.
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6B
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Include reference to
the sequential & exceptions test in both Policies RC1 and RC2
in the paragraphs commencing ‘The preparation of a flood risk
assessment’ line 4 as follows:
“(including the
undertaking of sequential and exceptions test)”
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Agreed, but changed it
to sequential and exceptions tests.
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7A
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Delete that part of
proposed designated LGS E1.3 covering the skate park, and make
consequential changes to supporting text and the Appendix at the
end of the plan.
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Agreed. Not a LGS
– it is protection of a recreational space- covered by Policy
SP11 of RPLPS.
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7B
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Delete proposed
designated LGS E1.9 High Malton and make consequential changes to
supporting text and the Appendix at the end of the plan.
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Agreed. Extensive
tract of land contrary to NPPG and NPG
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7C
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Delete that section of
LGS E1.8 that extends outside the neighbourhood area at the
southern end of the LGS on the Policies Map.
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Agreed, outside Plan
Area.
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7D
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In lines 6/7 of
paragraph 4.3.6 delete the words ‘as set out in NPPF
paragraphs 147-151’.
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Agreed, replicates
policy
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7E
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Reword Policy E2 as
follows :
“Proposals which
would result ….will be supported.
Where such proposals
would involve built development on a Local Green Space very special
circumstances must be demonstrated.”
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Agreed. Additional
clarification sought. Intention was to also delete:
“This is subject
to compliance with other policies in this Neighbourhood Plan or the
Local Plan”
Agreed. This is also
subject to compliance with other policies- plan read in the round,
and also to recognises the equal weight and status.
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8A
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Reword policy E4 to
read:
“Development
proposals within or adjacent to the following green and blue
infrastructure areas identified on the neighbourhood plan proposals
map must demonstrate that they will not harm the role of these
areas as part of a multifunctional wildlife, amenity and
recreational network and demonstrate how they will contribute to
the enhancement of the Green and Blue Infrastructure
network.
The Derwent corridor
….”
Add to the list The
Wolds Corridor as referred to in Appendix 2 to the plan.
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Agreed, provides
clarity.
Wolds Corridor
added
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9A
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Delete final sentence
of paragraph 4.3.17 relating to the LGS designation.
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Agreed, relates to
other modifications (7B)and ensures policy
compatibility.
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10A
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Reword the final
sentence of policy E6 to read:
“The layout and
design of any development at these locations will be subject to
justification by detailed design analysis, including for
‘major developments’ a visual impact
assessment.”
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Agreed, provides
clarity.
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11A
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Reword the first line
of policy E7 to read:
“Proposals for
any new development within or adjacent to the AQMA and any
‘major development’ elsewhere in the neighbourhood area
should contribute towards …..”
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Agreed, provides
clarity on the scope of the policy operational extent.
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11B
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In Paragraph 4.3.27
line 3 delete the bracketed words and replace with (see the
Community Actions at Appendix 1)
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Agree, provides
clarity
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12A
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In policy CF1 last
paragraph line 4 delete the word ‘test’ and add the
words “and exceptions tests” after the word
‘sequential’.
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Agree- factual
clarification.
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13A
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Add to Policy TC2
paragraph 2 line 1 after the word ‘demonstrate’ the
words “that very special circumstances exist to justify
development on a local green space and demonstrate a
full….”
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Agree- national policy
compliance.
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13B
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Add to the last line
of Policy TC2 after the word ‘reached’ the words
“as part of the determination of the planning
application.”
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Agreed. Deleted text
“prior to commencement of any works on site”. Heritage
significance impacts to be established prior to
determination.
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14A
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Revise Policy TC3 to
read:
“Development of
a new hotel to provide modern visitor accommodation will be
supported within a town centre location in Malton or Norton. Where
no town centre site is available such proposals will be supported,
as an alternative, in a location central to the two towns or along
the A64 corridor close to Malton and Norton.”
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Agreed. Meets Basic
Condition a) and now be in conformity with the NPPF.
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15A
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Insert in the last
line of policy HRI2 after the word ‘vehicles’ the words
“using the route network within the zone”.
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Agreed. Meets Basic
Condition a) and now be in conformity with the NPPF.
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16A
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Revise policy HRI3 to
read:
“Development
which requires the use of or is directly dependent on the footpath,
cycleway and bridleway network in the vicinity of racing stables,
gallops or horse walking routes will be expected to demonstrate how
the proposals contribute to the retention and extension of the
network.
Development proposals
which would add to and /or improve the network, particularly in the
following locations shown on the proposals map and generally and
which comply with other policies of the Neighbourhood Plan or Local
plan will be supported:
Footpath: Park
Road…..etc”
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Agreed.
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16B
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Insert references that
are shown on the proposals map for each of the routes in the Policy
where improvement is being sought eg HRI3-1 etc.
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Agreed.
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16C
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Expand the supporting
text so it is much clearer what the intention of policy HRI3
is.
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Qualifying Body
provided text and Officer’s modified as per insert
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17A
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Replace the wording in
line 4 of Policies HD 5 , HD7, HD9 and HD10 after the word
‘should’ to read:
“…ensure
no harm to the significance of the asset through sympathetic
design, detailing and materials.”
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Agreed.
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18A
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Policy H1 line 2
delete the word ‘mix’ and replace with the word
“types”.
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Agreed
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18B
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Policy H1 Reword third
bullet point to read – “A predominant proportion of 2-3
bedroom properties”.
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Agreed
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18C
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Policy H1 4th bullet
– replace the current wording with “a proportion of
affordable rented units agreed with NYC Housing Services and
reflecting needs information in the most up to date Strategic
Housing Market Assessment available at the time”.
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Agreed
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18D
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Add a rider to the end
of the policy to state:
“Where recent
housing needs evidence clearly demonstrates a case to provide for
other specific needs these will be supported.”
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Agreed
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18E
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Update census
references in the supporting text at section 4.8 to provide the
Census 2021 position.
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Agreed
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18F
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Delete the last 2
sentences of paragraph 4.8.11 and replace with
“A Strategic
Housing Market Assessment was carried out in 2022 for Ryedale which
identifies a need for affordable rented accommodation in Malton and
Norton with need exceeding supply and a priority need for smaller
units of accommodation principally 2 or 3 bedroom in size.
Providing for these needs is the principal purpose of Policy
H1”.
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Agreed.
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18G
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Delete the last
sentence of paragraph 4.8.4
and amend the start of
6.8.5 to read:-
“Given these
constraints on new residential development together
with….”
Add at the end of
paragraph 4.8.5 the words “up to 2027”.
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Agreed
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19A
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Replace data
references in paragraph 4.9.2 with data from the Census
2021
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Agreed
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20A
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Add new note at the
end of Policy M1 to read :
“Note –
For the avoidance of doubt - the retention of car parking on the
Wentworth Street site does not preclude the development of hotel
accommodation on the eastern part of the car park in accordance
with Policy TC4”.
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Agreed
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21A
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Add in paragraph 2
line 1 of Policy N1 after the word ‘location’ the words
“due to flood risk”.
Replace the words
‘the sequential test’ in paragraph 2 line 5 with the
words “sequential and exceptions
tests”.
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Agreed- amended to
sequential and exception tests.
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22A
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Add new paragraph 6.9
at the end of Section 6’s text to read:
“6.9 The
Government is in the process of introducing the new Infrastructure
Levy which will replace the Community Infrastructure Levy and S106
agreements and is expected to come into force during the life of
this neighbourhood plan. It is expected that a proportion of
revenue raised through the new levy will still be allocated to Town
and Parish Councils with ‘made’ neighbourhood plans for
them to distribute to local projects.”
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Agreed.
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22B
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Consequential change -
renumber whole section as section 5 to the plan once the current
section 5 is relocated to an Appendix and adjust Contents page
accordingly.
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Agreed.
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