Decision details

The report sets out a recommendation to agree the designation of the whole of Hovingham 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 Hovingham Neighbourhood Development Plan to commence.
This is considered a key decision because the designation effects two settlements. The village of Scackleton falls within the parish boundary of Hovingham Parish Council. The area designation matches the boundary exactly, therefore both settlements will form part of the Neighbourhood Plan Area, if approved.

To approve the designation of the whole of Hovingham 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 Hovingham Neighbourhood Development Plan to commence.

1.0 Part 2(7) of the Neighbourhood Planning (General) Regulations 2012 (as amended) requires Local Planning Authorities to either designate the area (7(1)) as set out above or refuse to designate (7(2)).

2.0 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)).

3.0 Therefore, the presumption is that Council will designate Neighbourhood Areas based on existing Parish and Town Council boundaries unless there is a valid planning reason not to do so. The application to designate Hovingham as a neighbourhood area meets the requirements set out in the Neighbourhood Planning (General) Regulations 2012 (as amended). 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 parish as a
Neighbourhood Area.

4.0 This is a matter which would fall within the officer delegation to the Corporate Director of Community Development Officer Scheme of delegation para 9.1 in the Council’s constitution. As an executive function, para 9.2 which states: To the extent that any of these delegated functions are executive functions the Corporate Director will agree arrangements for consultation with the relevant Executive Member(s) and will refer to the Executive for consideration and decision those matters directed by the said Member.

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