Decision details

That the Assistant Director of Planning approve the designation of the whole of Sherburn in Elmet parish as a Neighbourhood Area under Part 2(7) of the Neighbourhood Planning (General) Regulations 2012 (as amended).

To enable the next stages of the development of Sherburn in Elmet Neighbourhood Development Plan to commence.

Part 2(7) of the Neighbourhood Planning (General) Regulations 2012 (as amended) requires local planning authorities to either designate the area (7(1)) or refuse to designate (7(2)).

The Town and Country Planning Act 1990 requires local planning authorities, when determining applications, ‘to have regard to the desirability of designating the whole of the area of a parish council as a neighbourhood area, and the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas’ (section 61G(4)).

Therefore, the presumption is that councils will designate neighbourhood areas based on existing parish boundaries unless there is a valid planning reason not to do so.

The application to designate the whole parish of Sherburn in Elmet as a neighbourhood area meets the requirements set out in the Neighbourhood Planning (General) Regulations 2012 (as amended) and the Council as the local planning authority must exercise their powers under section 61G(5) of the Town and Country Planning Act 1990 to designate the whole of Sherburn in Elmet parish as a neighbourhood area.