North Yorkshire Council

 

Executive

 

5 November 2024 

 

Neighbourhood Planning – Making of the Malton and Norton on Derwent Neighbourhood Plan 2020-2027

 

Report of the Corporate Director of Community Development.

 

 

1.0       PURPOSE OF REPORT

 

1.1         To present the results of the Malton and Norton on Derwent Neighbourhood Plan 2020-2027 (the Neighbourhood Plan) referendum and the requirements of North Yorkshire Council as the Local Planning Authority to formally ‘make’ (adopt) the Neighbourhood Plan.

 

1.2         To present the Regulation 19 Decision Statement, included at Appendix A to this report, which sets out the Local Planning Authority’s decision in terms of ‘making’ (adopting) the Neighbourhood Plan and the reasons for that decision.

 

 

2.0       SUMMARY

 

2.1       This report sets out that at the Malton and Norton on Derwent Neighbourhood Plan referendum held on Thursday 3rd October 2024, more than 50% of those voting voted ‘yes’ to the question: "Do you want North Yorkshire Council to use the neighbourhood plan for Malton and Norton on Derwent to help it decide planning applications in the neighbourhood area?"

 

2.2       As a result of this positive referendum result, the Malton and Norton on Derwent Neighbourhood Plan now forms part of the statutory development plan for the area along with the adopted Ryedale Plan 2012-2027 (the Local Plan). This means that decisions by the Local Planning Authority and planning inspectors within the Malton and Norton on Derwent parishes must be made in accordance with all relevant development plan policies within the Neighbourhood Plan and the Local Plan, unless material considerations indicate otherwise.

 

2.3       North Yorkshire Council, as the Local Planning Authority, is now required to formally ‘make’ (adopt) the Neighbourhood Plan and to publish a Regulation 19 Decision Statement setting out its decision in relation to the ‘making’ (adopting) of the Neighbourhood Plan and the reasons for that decision.

 

3.0       BACKGROUND        

 

3.1       The Neighbourhood Plan is a community-led planning framework, which sets out a vision, objectives and planning policies relating to development in the Malton and Norton on Derwent parishes.

 

3.2       The Neighbourhood Plan was submitted to North Yorkshire Council in September 2023 and relates to the Malton and Norton on Derwent parishes, with the area comprising those two administrative parishes designated as a Neighbourhood Area by Ryedale District Council in 2018. The submitted Neighbourhood Plan was examined between December 2023 and February 2024 by Peter D Biggers MRTPI, an independent Examiner appointed by North Yorkshire Council with the agreement of Malton and Norton on Derwent Town Councils. The submission version of the plan and further information on its preparation can be found on the North Yorkshire Council website at: https://www.northyorks.gov.uk/planning-and-conservation/planning-policy/neighbourhood-planning/malton-and-norton-neighbourhood-plan

 

3.3       The role of the independent Examiner is to consider whether the proposed Neighbourhood Plan meets the following basic conditions set out by law:

·         Has appropriate regard to national policy;

·         Contributes to the achievement of sustainable development;

·         Is in general conformity with the strategic policies in the development plan for the area;

·         Is compatible with human rights requirements;

·         Is compatible with EU obligations.

 

3.4       In addition, the Examiner is required to consider whether a proposed plan meets other legal requirements, including provisions set out in the relevant sections of the Planning and Compulsory Purchase Act 2004, and the Neighbourhood Planning (General) Regulations 2012, as amended. The Examiner is also required to recommend whether the voting area for the referendum should be the neighbourhood area or a wider area.

 

3.5       The Examiners report was issued on 28 February 2024 and is available on the Council’s website via the link contained in 3.2. The Examiner concluded that, subject to a number of recommended modifications, the Plan meets the basic conditions set out by law and that the Plan, as modified in-line with the recommendations, should proceed to a referendum with a recommended voting area of the designated Neighbourhood Area.

 

3.6       The Examiner’s report and a Regulation 18 Decision Statement, setting out the Local Planning Authority’s decision on each of the Examiner’s recommendations, was considered by the Executive of North Yorkshire Council on 16 July 2024. The consideration of the Executive was informed by prior consideration by the Thirsk and Malton Area Constituency Committee (ACC) on 14 June 2024, which recommended that Executive agree the Examiner’s findings.

 

3.7       The Executive agreed each of the modifications recommended by the Examiner and the reasons put forward for them. It also agreed that, as modified, the Plan meets the basic conditions and other relevant requirements, and that the Plan should proceed to a referendum of electors in the Malton and Norton on Derwent parishes (the designated neighbourhood area).

 

3.8       A Regulation 18 Decision Statement was published and a referendum version of the Malton and Norton on Derwent Neighbourhood Plan incorporating the modifications recommended by the Examiner, was prepared. These documents are available on the Council’s website at via the link contained in 3.2.  

 

3.9       A referendum on the Neighbourhood Plan was held on Thursday 3rd October 2024. Local government electors whose names appeared on the electoral register in the neighbourhood area 12 working days before polling day were entitled to vote. They were asked "Do you want North Yorkshire Council to use the neighbourhood plan for Malton and Norton on Derwent to help it decide planning applications in the neighbourhood area?"

 

3.10     If more than 50% of those voting vote “yes” then North Yorkshire Council is required to formally ‘make’ the plan.  The turnout at the referendum was 10.89%. Of those that voted, 83.13% voted ‘Yes’ and 16.87% voted ‘No’. As more than half of those voting voted in favour of the Neighbourhood Plan, a positive referendum result was received.

 

3.11     While the Neighbourhood Plan is yet to be formally ‘made’ (adopted) by the Council, following the positive result at referendum, the plan has come into force as part of the statutory development plan for the area along with the adopted Ryedale Plan 2012-2027. This means that decisions by the Local Planning Authority and planning inspectors within the Malton and Norton on Derwent parishes must be made in accordance with all relevant development plan policies within the Neighbourhood Plan and the Local Plan, unless material considerations indicate otherwise.

 

4.0       MAKING OF THE NEIGHBOURHOOD PLAN

 

4.1       Following the positive result at referendum, North Yorkshire Council, in its role as the Local Planning Authority, is required to formally ‘make’ (adopt) the Neighbourhood Plan within 8 weeks from the day after the date of the referendum i.e., by 29 November 2024. There are narrow circumstances where the planning authority is not required to make a neighbourhood plan following a positive referendum. These are where it considers that the making of the plan would breach, or otherwise be incompatible with, any EU or human rights obligations (see section 61E(8) of the Town and Country Planning Act 1990 Act as amended). However, the Officer opinion is that none of these circumstances apply.

 

4.2       As soon as possible after deciding to ‘make’ the Neighbourhood Plan, the Local Planning Authority is required to publish a Decision Statement setting out the authority’s decision and the reasons for making that decision. Both the Decision Statement and the ‘made’ Neighbourhood Plan must then be published on the Council’s website and in such other manner as the Council considers is likely to bring these documents to the attention of people, who live, work or carry-on business in the neighbourhood area. Details of where these documents may be inspected are also required to be published and any person who has asked to be notified of the Council’s decision should be informed.

 

4.3       Given these requirements, the Executive is asked to recommend that Full Council formally ‘make’ (adopt) the Malton and Norton on Derwent Neighbourhood Plan 2020-2027 and approve the Decision Statement set out at Appendix A to this report.

 

5.0       CONTRIBUTION TO COUNCIL PRIORITIES

 

5.1       Making (adopting) the Neighbourhood Plan will contribute positively to the Council’s priorities, as set out in the Council Plan. The Neighbourhood Plan will play a role in helping to realise ambitions across the priority themes. It will be particularly relevant to the Place and Environment ambition that communities are supported and work together to improve their local area.

 

6.0       ALTERNATIVE OPTIONS CONSIDERED

 

6.1       No other options considered. The report sets out the steps the Council is required to take to comply with its legal duties under the Town and Country Planning Act to make a decision on ‘making’ (adopting) a neighbourhood development plan following a positive result at referendum.

 

7.0       FINANCIAL IMPLICATIONS

 

7.1       Once a neighbourhood area is designated by the Local Planning Authority it is legally required to support, advise and assist the qualifying body, for example the relevant parish level council, in producing a neighbourhood plan for their area. This Duty to Support does not require the provision of financial assistance, however, the Localism Act does require the authority to pay for the local referendum and examination of a neighbourhood plan.

 

7.2       The Ministry of Housing, Communities and Local Government (MHCLG) provides financial support for neighbourhood planning in the form of a Neighbourhood Planning Grant (NPG). As part of this support, Local Planning Authorities can claim £5,000 for the first five neighbourhood areas designated and £20,000 when they issue a Regulation 18 Decision Statement detailing their intention to progress a plan to referendum (as set out in the Neighbourhood Planning (General) Regulations 2012). Therefore, a claim of £20,000 relating to the Neighbourhood Plan referendum, which has taken place, will be made in line with the NPG requirements. 

 

8.0       LEGAL IMPLICATIONS

 

8.1       The legal requirements of The Neighbourhood Planning (General) Regulations 2012 (as amended) have been complied with to date. Following a positive referendum result, North Yorkshire Council, as the Local Planning Authority, is now required to formally ‘make’ (adopt) the Malton and Norton on Derwent Neighbourhood Plan 2020-2027. This includes requiring the Council to publish the ‘made’ (adopted) Neighbourhood Plan and a Regulation 19 Decision Statement on its website and in such other manner as the Council considers is likely to bring these documents to the attention of people, who live, work or carry-on business in the neighbourhood area.  

 

9.0         EQUALITIES IMPLICATIONS  

 

9.1       The Neighbourhood Plan is subject to its own Equalities Impact Assessment as part of its production and considered during the Examination. It is therefore considered there are no equalities implications as a result of seeking to issue a decision statement and proceed to referendum.  See Appendix B.

 

9.2       The Equalities Impact Assessment undertaken prior to the referendum has been reviewed on 18 October 2024 following a positive result at referendum. As the plan content is unchanged the findings are unaltered.  

 

10.0       CLIMATE CHANGE IMPLICATIONS  

 

10.1     The Plan is subject to Sustainability Appraisal and Strategic Environmental Assessment as part of its production and this is scrutinised by the Local Planning Authority, Statutory Bodies and the Examiner. The plan does not conflict with any aspirations in the Climate Change Strategy.  See Appendix C.

 

10.2     The Climate Change Impact Assessment undertaken prior to the referendum has been reviewed on 18 October 2024 following a positive result at referendum. As the plan content is unchanged the findings are unaltered.  

 

11.0     REASONS FOR RECOMMENDATIONS

 

11.1     In order to meet the requirements of the Neighbourhood Planning (General) Regulations 2012 (as amended), following the positive result at referendum, North Yorkshire Council, as the Local Planning Authority, is required to make a decision relating to the ‘making’ (adopting) of the Neighbourhood Plan and publish a Regulation 19 Decision Statement setting out its decision and the reasons for that decision. The following recommendations relate to these legal requirements.

 

 

 

 

 

 

12.0

RECOMMENDATION(S)      

 

12.1

The Executive recommend that Full Council:

i)              ‘make’ (adopt) the Malton and Norton on Derwent Neighbourhood Plan 2020-2027 at its meeting on 13 November 2024;

ii)             approve the Regulation 19 Decision Statement included at Appendix A to this report.

 

 

APPENDICES:

 

Appendix A – Regulation 19 Decision Statement

Appendix B – Equalities Impact Assessment

Appendix C – Climate Change Impact Assessment

 

BACKGROUND DOCUMENTS:

Malton and Norton on Derwent Neighbourhood Plan 2020-2027: Submission Version (September 2023)

Malton and Norton on Derwent Neighbourhood Plan 2020-2027: Referendum Version (April 2024)

Independent Examiner’s Report on the Malton and Norton on Derwent Neighbourhood Plan 2020-2027 (February 2024)

 

These background documents are available on the Council’s website at: https://www.northyorks.gov.uk/planning-and-conservation/planning-policy/neighbourhood-planning/malton-and-norton-neighbourhood-plan

 

Corporate Director – Nic Harne, Corporate Director Community Development

County Hall

Northallerton

5th November 2024

 

Report Author – Matthew Lishman, Planning Policy and Place Officer CG

 

Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.