Agenda item

The Committee’s views and comments are sought.

Joe Varga (Senior Policy and Delivery Officer), presented a report outlining the Examiner’s Report on the Pannal and Burn Bridge Neighbourhood Development Plan and seeking the views of the ACC, in order to inform a future meeting of the Executive which is required to decide whether the Plan meets the basic conditions and can proceed to a referendum. The report sets out the independent examiner’s judgement on whether the Plan meets the basic conditions and other legal requirements and can proceed to a referendum; or can meet these requirements and proceed, subject to specific modifications being made. The examiner concludes that, subject to a series of proposed modifications being made, the plan meets the necessary requirements and should proceed to a referendum.

Members thanked officers for the report, and praised the work of the parish council in preparing a Plan that addresses all aspects of future development in a thorough manner. When considered at a future Executive meeting, it was hoped that the Executive will agree the Examiner’s findings and progress the Plan to a referendum.

Councillor Michael Harrison asked how the Plan would interact with the county-wide Local Plan, which was in the early stages of development, in the event of conflicting priorities or policies.  Officers confirmed that, to meet the basic conditions, a Neighbourhood Plan needs to be in general conformity with the strategic elements of the Local Plan in place, in this case the Harrogate District Local Plan 2014-2035, but may take a different approach on detailed policy matters. Where an adopted Local Plan and an adopted Neighbourhood Plan have conflicting policy requirements on detailed matters, it is the most recently adopted policy that would apply. Work to prepare a new Local Plan for North Yorkshire is at a very early stage but, in time, this will replace the strategic context provided by the Harrogate District Local Plan. If the new overarching strategies are significantly different to current ones, there may be implications for the applicability of a Neighbourhood Plan policy that is in direct conflict, however, the potential for this arising can be identified as the new Local Plan is prepared, and the parish council may wish to consider preparing an update to the Neighbourhood Plan to follow Local Plan adoption. While this may arise for particular policies, it is important to highlight that, in practice, many Neighbourhood Plan policies cover issues in such detail that they are capable of enduring despite changes to the overarching strategies in Local Plans.

Resolved:

That:

i)              The examiner’s report, presented at Appendix A, on the Pannal and Burn Bridge Neighbourhood Development Plan, presented at Appendix B, be noted;

ii)             That the Committee recommend that the Executive to agree the following recommendations included in that report:

1)    That all 35 modifications to the Plan recommended by the Examiner as necessary for the Plan to meet the basic conditions and other necessary requirements are accepted.

2)    That, subject to the recommended modifications being made, the Plan meets the basic conditions and other necessary requirements.

3)    That the Plan, as amended by the recommended modifications, should proceed to referendum.

4)    That the voting area for the referendum should be the neighbourhood area designated by the former Harrogate Borough Council on 10 August 2017 (the parish of Pannal and Burn Bridge).

iii)           That the Committee recommend that the Executive approve and publish the Regulation 18 Decision Statement presented at Appendix C, which sets out the information in the points above.