[insert name]Neighbourhood Development Plan2016 - 2030

BASIC CONDITIONS STATEMENTTEMPLATE

Date:

August 2014

Town and Country Planning Act 1990 (as amended)

Statement under paragraph 8(2) of Schedule 4B

[name of plan]Neighbourhood Development Plan – Basic Conditions Statement1

[insert name] Neighbourhood Development Plan Proposal

Submitted by[name] Parish as the Qualifying Body for the [insert name] Neighbourhood Development Plan Area comprising the Parish of [parish name].

Add map here

[name of plan]Neighbourhood Development Plan – Basic Conditions Statement1

CONTENTS

1Introduction

2Background to the Neighbourhood Development Plan.

3Supporting Documents and Evidence

4Basic Conditions to be met.

5How the Neighbourhood Development Plan meets the Basic Conditions.

6Conformity with guidance issued by the Secretary of State – The National Planning Policy Framework

7Contribution to the Achievement of Sustainable Development

8General conformity with the strategic policies of the development plan(s) for the area

9Detailed Consideration of Neighbourhood Plan Policies:

10Compatibility with EU Regulations

11Prescribed conditions and prescribed matters.

12Conclusion

APPENDICES

Appendix 1Neighbourhood Area – Decision notice confirming Neighbourhood area designation (parishes tend to put in the designation letter, map and decision notice)

Appendix 2Table of Neighbourhood Plan Policy Links

Appendix 3Summary of Saved Policies

Appendix 4Cornwall Council - Statement on the need for Habitat Regulation Assessment of the [insert name] Neighbourhood Plan

Submission Documents Accompanying Basic Conditions Statement

[insert name] Neighbourhood Development Plan(page xx )

Delivery Strategy (as applicable)(page xx)

Sustainability Appraisal (page xx)

Consultation Statement (page xx)

Equality Impact Assessment(page xx)

Evidence Base Summary(page xx)

1INTRODUCTION

This Basic Conditions Statement has been produced to explain how the proposed [name of plan]Neighbourhood Development Plan([xx] NDP) has been prepared in accordance with the Neighbourhood Planning (General) Regulations 2012 and how the basic conditions of neighbourhood planning and other considerations as prescribed by Paragraph 8 of Schedule 4B to the Town and County Planning Act 1990 have been met.

2Background to the [name of plan] NEighbourhood Development Plan.

Production of the [xx] Neighbourhood Development Plan was undertaken by the [name]Parish Council, working in partnership with Cornwall Council(CC).The plan is basedon consultation with local people, businesses andothers with an interest in the area over a xxxxx month period.

3SUPPORTING DOCUMENTS AND EVIDENCE

The [xx] Neighbourhood Development Planis supported by the following documents:Consultation Statement; Sustainability Appraisal; Evidence Base Summary (including viability); Delivery Strategy, Equality Impact Statement and a statement from Cornwall Council on whether there is a need for Strategic Environmental Assessment or Habitat Regulation Assessment of the plan.

4BASIC CONDITIONS TO BE MET


Schedule 4B to the Town and County Planning Act (Para 8) sets out the following basic conditions that Neighbourhood Development Plans must meet:[1]

5HOW THE [NAME OF PLAN]NEIGHBOURHOOD DEVELOPMENT PLAN MEETS THE BASIC CONDITIONS.

5.1

How the draft [name of plan] Neighbourhood Development Plan meets the basic conditions (as required by 1(a) and sub-paragraph 2) is set out in Sections 5 – 11 of this Basic Conditions Statement.

5.2

The provision of 61E(2), 61J and 61L as amended by s38C(5)(b) is a reference to the provision of 38A and 38B.

The following is submitted in respect of 38A and 38B.

38A

1)[name] Parish Council is a qualifying body and entitled to submit a Neighbourhood Development Plan (NDP) for its own parish.

2)The [name of plan] NDP expresses policies relating to the development and use of land solely within the neighbourhood area.

3) to 12) are essentially post examination procedures.

38B

1) a) The NDP covers the period up to and including 2030, some 16 years. This period has been chosen to align with the Cornwall Local Plan, prepared by Cornwall Council.

1) b) The NDP does not include any provision for excluded development such as nationalinfrastructure

1) c) The NDP does not relate to more than one neighbourhood area. It relates only to the [name of plan] Neighbourhood Area as designated by Cornwall Council on [insert date].

A copy of the decision notice confirming designation of the [name of plan] Neighbourhood Area is attached in Appendix 1.

2) There are no other NDPs in place in the [name of plan]neighbourhood area.

3) Refers to conflicts within the NDP and clarifies that in the event of conflict between a NDP Policy and any other statement or information in the plan, the conflict must be resolved in favour of the policy.

4) Refers to regulations made by the Secretary of State relating to NDPs in the Neighbourhood Planning (General) Regulations 2012 which have beenused to inform the process of making the [name of plan] NDP. These regulations set out:

•the process by which neighbourhood plans are to be made and set out

the consultation bodies for NDPs (referred to in the Consultation Statement accompanying this plan)

•that NDPs which are likely to have a significant effect on European Sites (habitats)must be subject to an appropriate assessment.

The [name of plan] NDP has been subject toSustainability Appraisal incorporating the requirements of Strategic EnvironmentalAssessment. TheCornwall Local Plan has undertaken a Habitats RegulationsAssessment (HRA). The screening exercise for the [name of plan]NDP concluded that thereare European sites that would be / would not beaffected by the proposals within the [name of plan]NDP,but that there would not be likely significant effect and therefore it was agreed that an HRA was not necessary.

•that NDO (Neighbourhood Development Orders) may be subject to an Environmental Impact Assessment (not relevant forNDPs).

5) Refers to the publication of NDPs once made by a local planning authority in accordance with the regulations.

6) Clarifies what is excluded development

5.3

It is not considered that there is any benefit or reason for extending the area for the referendumbeyond the Designated Neighbourhood Plan Area.

*Note – please check with Cornwall Council whether this statement is correct.

5.4

There are no other prescribed matters

6CONFORMITY WITH GUIDANCE ISSUED BY THE SECRETARY OF STATE -

THE NATIONAL PLANNING POLICY FRAMEWORK

6.1The National Planning Policy Framework (NPPF) states that the purpose of the planning system is to contribute to the achievement of sustainable development. The policies contained in the NPPF constitute the Government’s view of what sustainable development means in practice for the planning system.

6.2NPPF sets out 12 core land-use planning principles that should underpin plan-making and decision-taking. These are that planning should:

  • be genuinely plan-led, empowering local people to shape their surroundings, with succinct local and neighbourhood plans setting out apositive vision for the future of the area….
  • ……be a creative exercise in findingways to enhance and improve the places in which people live their lives; proactively drive and support sustainable economic development to deliverthe homes, business and industrial units, infrastructure and thriving localplaces that the country needs. Every effort should be made objectively toidentify and then meet the housing, business and other developmentneeds of an area, and respond positively to wider opportunities forgrowth. Plans should take account of market signals, such as land pricesand housing affordability, and set out a clear strategy for allocatingsufficient land which is suitable for development in their area, takingaccount of the needs of the residential and business communities;
  • always seek to secure high quality design and a good standard of amenityfor all existing and future occupants of land and buildings;
  • take account of the different roles and character of different areas …..,promoting the vitality of our main urban areas … recognising the intrinsic character and beauty of thecountryside and supporting thriving rural communities within it;
  • support the transition to a low carbon future in a changing climate, takingfull account of flood risk and coastal change, and encourage the reuse ofexisting resources, including conversion of existing buildings, andencourage the use of renewable resources…..
  • contribute to conserving and enhancing the natural environment andreducing pollution….
  • encourage the effective use of land by reusing land that has beenpreviously developed (brownfield land), provided that it is not of highenvironmental value;
  • promote mixed use developments, and encourage multiple benefits fromthe use of land in urban and rural areas, recognising that some open landcan perform many functions (such as for wildlife, recreation, flood riskmitigation, carbon storage, or food production);
  • conserve heritage assets in a manner appropriate to their significance…
  • actively manage patterns of growth to make the fullest possible use ofpublic transport, walking and cycling, and focus significant developmentin locations which are or can be made sustainable; and
  • take account of and support local strategies to improve health, social and cultural wellbeing for all……

6.3These principles have been embodied throughout the production of the NDP which has also had regard to the following key policy areas as evidenced below and summarised in Appendix 2.

6.4Building a Strong, Competitive Economy

6.4.1NPPF Para 21 states that LPA's should plan positively for local inward investment to match and meet anticipated needs over the plan period. Support should be given to existing business whilst identifying priority areas for infrastructure provision and environmental enhancement. Planning should operate to encourage and not act as an impediment to sustainable growth and policies should recognise and seek to address potential barriers to investment, including a poor environment or any lack of infrastructure, services or housing.

6..4.2A key theme of the [name of plan]NDP is to support and strengthen the local employment base and attract businesses to [name of village/town/area], with the long term vision of providing a variety of new employment opportunities to meet local needs and to support the local economy.

6.4.3The NDP sets out the following specific policies that are intended to support and strengthen the local employment base and contribute towards the NPPF objective of building a strong, competitive economy.

Set out a summary of your policies below. Example:

PolicyEJ1Ensure that new employment uses are well-designed, increase opportunities for local people, reduce the need to travel and are accessible.

If appropriate – set out any sites allocated or protected for employment use

6.4.4The plan allows for the expansion of employment sites at the following locations to meet anticipated future need:

  • X
  • Y
  • Z

6.5Ensuring the Vitality of Town Centres

6.5.1NPPF state that policies should be positive, promote competitive town centre environments and set out policies for the management and growth of centres over the plan period, including recognition that town centres should be at the heart of their communities, markets retained and enhanced and positive planning for declining centres.

6.5.2The continued health of the town centreis a key concernin the context of changing retail attitudes and shopping habits as well as pressure for out of town shopping growth. Atheme of economy in the plan is therefore to retain the image and attractiveness of the town centre as a whole, improving accessibility and enhancing existing buildings and spaces and by creating new, high quality buildings, streets and space to secure its long term viability and vibrancy.

6.5.3 The NDP contains the following policies which are considered to address the NPPF objective of ensuring the vitality of the town centre:

Policy EJ2:Sets the boundaries of the town centre, primary retail area and shopping frontages to ensure that the sequential approach is taken to new retail development. Promotes mixed use development in the city centre to retain vitality and viability. Promotes high quality design and standards for new development.

6.6Promoting Sustainable Transport

6.6.1Improving movement around the plan area is a key theme of the NDP with the long-term aspiration of improving movement by all modes including walking, cycling, public transport as well as the private car.

6.6.2NPPF states that transport systems need to be balanced in favour of sustainable transport modes, giving people a real choice about how they travel. The following specific policies of the NDP seek to address these issues:

Policies T1 & T3Improve Public Transport and delivering a network of sustainable transport improvements through contributions for the Truro transport Strategy and, where possible, on-site provision of walking, cycling and bus routes and facilities.

6.6.3In addition the NPPF states that plans should ensure that developments that generate significant movements are located where the need to travel will be minimised and the use of sustainable transport modes can be maximised. Planning policies should aim for a balance of land uses within their area so that people can be encouraged to minimise journey lengths for employment, shopping leisure, education and other activities.

6.7Delivering a Wide Choice of High Quality Homes

6.7.1NPPF states that to boost significantly the supply of housing, local planning authorities should:

●use their evidence base to ensure that their Local Plan meets the full, objectively assessed needs for market and affordable housing in the housing market area….,

●identify and update annually a supply of specific deliverable sites sufficient to provide five year’s worth of housing against their housing requirements ….

●identify a supply of specific, developable sites or broad locations for growth, for years 6-10 and, where possible, for years 11-15;

●for market and affordable housing, illustrate the expected rate of housing delivery through a housing trajectory for the plan period ………

● set out their own approach to housing density to reflect local circumstances.

6.7.2To deliver a wide choice of high quality homes, widen opportunities for home ownership and create sustainable, inclusive and mixed communities, the NPPF states that local planning authorities should:

●plan for a mix of housing based on current and future demographic trends, market trends and the needs of different groups in the community ….

●identify the size, type, tenure and range of housing that is required in particular locations, reflecting local demand; and

● where they have identified that affordable housing is needed, set policies for meeting this need on site, unless off-site provision or a financial contribution of broadly equivalent value can be robustly justified (for example to improve or make more effective use of the existing housingstock) and the agreed approach contributes to the objective of creating mixed and balanced communities. Such policies should be sufficiently flexible to take account of changing market conditions over time.

6.7.3The approach to housing development set out in the NDP is consistent with this guidance, with the stated long-term aspiration of providing good quality new housing to support [name of area] as a whole. This provides for around the [insert number]homes required by the Cornwall Local Plan as a share of the Community Network Area that the plan sits within. of which numerically [insert permission already granted + houses already built]of the requirement has been met through commitments and completions since 2010. However, allowing flexibility over the plan period for non-implementation of current permissions, the plan also allows for additional housing growth as required by local needs. There is also further potential for homes to be provided within settlement boundary that has been identified for the main settlement.

Non site specific policies include:

Policy H1sets out the criteria against which housing developments will be tested. This prioritises the location of sites and ensures that affordable housing is provided for.

6.8Requiring good design

6.8.1 The NPPF attaches great importance to the design of the built environment with “good design seen as a key aspect of sustainable development”(para 56). Neighbourhood Plans are therefore expected to “develop robust and comprehensive policies that set out the quality of development that will be expected for the area”, based on stated objectives for the future of the area. Policies should not however attempt to impose architectural styles or particular taste or stifle innovation.

6.8.2Policies should aim to ensure that developments:

“-will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development:

-Establish a strong sense of place, using streetscapes and buildings to create attractive and comfortable places to live, work and visit:

-optimise the potential of the site to accommodate development, create and sustain an appropriate mix of uses (including incorporation of green and other public space as part of developments) and support local facilities and transport networks.

-respond to local character and history, and reflect the identity of local surroundings and materials, while not preventing or discouraging appropriate innovation:

-create safe and accessible environments where crime and disorder, and the fear of crime, do not undermine quality of life or community cohesion; and

-are visually attractive as a result of good architecture and appropriate landscaping.”

6.8.3The need to improve the quality of design of new development is keenly felt in the plan area and has featured highly throughout previous public consultation and is a key long-term aspiration of the plan, to ensure that new development is the best that can be achieved to compliment the quality of historic development in the area. The key ways of achieving this are identified as being:

-conserving and enhancing existing high quality areas

- Improving existing buildings, streets and spaces; and

- Creating new high quality buildings, streets and spaces.

6.8.4Specific policies that seek to secure good design are:

PolicyE4Criteria to help deliver development of an appropriate density, design and layout to deliver high quality development.

6.9Promoting Healthy Communities

6.9.1NPPF highlights the important role planning can play in facilitating social interaction and creating healthy and inclusive communities. It suggests that authorities should create a shared vision with communities of the residential environment and facilities they wish to see. Production of the TKNDP has involved extensive consultation and engagement with the local community as detailed in the accompanying consultation statement, including specific targeting of, for example, young people and the elderly.