The Neighbourhood Planning (General) Regulations 2012 Regulation 19

DECISION STATEMENT

BREADSALL NEIGHBOURHOOD DEVELOPMENT PLAN

1. Summary

1.1 Following an independent Examination, Erewash Borough Council is satisfied that the draft Breadsall Neighbourhood Development Plan meets the basic conditions and the provision made by or under sections 38A and 38B of the 2004 Act.

1.2 Erewash Borough Council confirms that the draft Breadsall Neighbourhood Development Plan will proceed to a Neighbourhood Planning Referendum on May 4th 2023.

2. Background

 2.1 The Parish of Breadsall was designated as a Neighbourhood Area in accordance with Section 61G of the Town and Country Planning Act (as amended by the Localism Act 2011) on September 21st 2016. The designation of a Neighbourhood Area is one of the statutory requirements needed to be in place to enable a Neighbourhood Plan to be adopted, and formally become a part of the Development Plan, and be used in the determination of planning applications by the Borough Council.

2.2 The draft Breadsall Neighbourhood Development Plan was subject to local consultation, under Regulation 14 of the Neighbourhood Planning (General) Regulations 2012, between March and January 31 2019, and was submitted in full to the Borough Council for its formal publicity stage in March 2019. The formal statutory publicity period on the Breadsall Neighbourhood Plan commenced on April 9th 2020 and finished on May 21st 2020.

2.3 The Borough Council appointed an independent Examiner, Chris Collison BA (Hons) MBA MRTPI MIED MCMI IHBC to review whether the Plan met the basic conditions as set out in Schedule 4B to the Town and Country Planning Act 1990 and whether the Breadsall Neighbourhood Plan should proceed to referendum.

2.4 The Examiner’s report concluded that subject to a number of recommended modifications that the draft Breadsall Neighbourhood Plan is able to comply with the ‘basic conditions’ and other relevant statutory provisions, and that the draft plan as modified could be submitted for a referendum.

2.5 Having considered each of the recommendations included in the Examiner’s Report, and the reasons for them, the Borough Council has resolved that the modifications are required in order for the draft Breadsall Neighbourhood Development Plan to meet the “basic conditions” set out in the in Schedule 4B to the Town and Country Planning Act 1990. The recommended modifications are set out in Appendix 1 to this statement.

3. Decision and Reasons

3.1 The Breadsall Neighbourhood Plan has been modified for the referendum to reflect the Examiner’s recommendations.

3.2 The Examiner recommended that the Plan should proceed to referendum based on the Neighbourhood Area as approved by the Borough Council on September 21st 2016. The Borough Council has considered whether to extend the area in which the referendum is to take place and can see no reason to extend the Neighbourhood Development Plan area for the purpose of holding the referendum, concurring with the recommendation of the Examiner.

3.3 The examiner has concluded that with the modifications made the Plan meets the basic conditions and other relevant legal requirements. The Council concurs with this view and is satisfied that the draft Breadsall Neighbourhood Plan (Submission Version - April 2020) meets the basic conditions and complies with the provision made by or under sections 38A and 38B of the 2004 Act.

3.4  The Head of Planning resolved on 24th October 2022, that to meet the requirements of the Localism Act 2011 a referendum which poses the question ‘Do you want Erewash Borough Council to use the Neighbourhood Plan for Breadsall Parish to help it decide planning applications in the neighbourhood area?’ be held in the Parish of Breadsall as soon as practically possible.

Appendix One

Table One: Examiner’s Recommendation and Erewash Borough Council response.

PolicyExaminer’s ModificationErewash     Borough     Council Response
GB

• delete Proposal GB: Green Belt and Figure 11

• in Section 9.4 delete the text of the first paragraph after “Borough.”, and in the second paragraph delete the text after “Breadsall”

Agree with the modification
C 1
  • delete “other statutory, local and Neighbourhood Plan policies and”
  • delete criteria 1b, 1c, and 2b
  • in part 2c replace “follow historic precedent as to” with “respect”
  • in part 3 replace “green space” with “undeveloped green space within the Conservation Area which is also outside the village housing development envelope identified in Figure 15”
Agree with the modification
C 2

Replace Policy C 2 with “Development proposals affecting a building of local heritage interest identified in Table 2, or its setting, will be assessed having regard to the scale of any harm and the significance of the heritage asset.”

 

Agree with the modification
LV 1
  • replace Policy LV 1 with “To be supported development proposals for new buildings significantly affecting the key landscapes and vistas identified in Table 3 and Appendix C must be sited, designed and landscaped so that they will not have an adverse visual impact when       viewed from the identified publicly accessible locations.”
  • add a direction of view notation to each view location identified on Figure C1
  • identify view location 7 on a map
Agree with the modification
Figure 9

Supplement Figure 9 with a series of Maps within the Neighbourhood Plan document at sufficient scale to clearly identify the boundaries of each Local Green Space.

 

Agree with modification

B & NC 1

 

 

 

 

 

9.5

  • replace the first sentence with “To be supported all major and minor development proposals must meet the following criteria:”
  • replace “to the maximum extent possible” with “where practical”
  • delete the final sentence of point 1
  • delete the final sentence of point 1a, and all of point 1b
  • delete point 2
  • in point 3 delete “In addition to the protection provided by Tree Preservation Orders and conservation area status,”
  • in point 3 replace “shall not be permitted unless diseased” with “will not be supported unless there are wholly exceptional reasons, in accordance with national policy”
  • in point 3 delete the third sentence
  • in point 3 replace “by the Parish Council” with “in writing by the Local Planning Authority”
  • in point 4 delete “all” and replace “shall where possible” with “must where appropriate”
  • in point 6 after “preserved” insert “where possible” and delete the final sentence

In general text Section 9.5 delete the text of the paragraph containing sites 1 to 10, and delete Figure 12 and text introducing it.

Agree with modification
DS 1

Replace Policy DS 1 with “To be supported planning proposals must: (a) only include external lighting that is essential for safety or security reasons; and (b) include measures to avoid light spillage beyond the application site.”

Agree with modification
EN 1

Replace Policy EN 1 with “Development proposals for renewable energy generation will be supported where there is no significant adverse landscape; visual; highway safety; and wildlife and biodiversity impact”

Agree with modification
EN 2

In Policy EN 2 replace “New residential development shall” with “Where new residential development includes off-road parking spaces the proposal must”

Agree with modification
T & RS 1

Replace Policy T & RS 1 with “Development proposals will be supported where they will not result in additional on-street parking that would adversely affect highway safety.”

Delete “and vehicle charging” from the policy title

Agree with modification
HD 1

Replace Policy HD 1 with “Within the village housing development envelope, identified in Figure 15, development proposals that will result in additional dwellings will be supported where this will not unreasonably reduce the privacy of adjoining residential properties.”

Agree with modification
HD 2

Replace Policy HD 2 with “Development proposals for residential development, greater in scale than a single dwelling, will be considered against the latest assessment of local housing need that has been approved by the Local Planning Authority, in particular with respect to accommodation suitable for young families and older people.”

Agree with modification
HD 3

Delete Policy HD 3

 

Agree with modification
HD 4

In Policy HD 4 delete criteria 1, 8, 9,10 and 11

 

Agree with modification
HD 5

Delete Policy HD 5

 

Agree with modification
E 1

Replace Policy E 1 with “Development proposals for business growth through conversion of existing buildings and well- designed new buildings, or through farm diversification schemes, will be supported. Development proposals relating to operation of a business from residential premises, and development of café/tearooms will be supported. Business-related development proposals will only be supported where there will be no significant adverse residential or visual amenity impacts. All new development must incorporate access to superfast broadband infrastructure.”

 

Agree with modification
CF 1

Replace Policy CF 1 with “Development proposals that will result in loss of all or part of the following community facilities will not be supported unless:

  1. an equivalent replacement facility of similar quality in no less convenient a location for users is provided; or
  2. it can be demonstrated that the existing facility is no longer used by the local community.
  1. Village shop
  2. Memorial Hall and playing fields together with parking, pavilions and  event facilities
  3. Church of All Saints
  4. Breadsall Priory Hotel and Country Club and Golf Course
  5. Windmill Inn public house
  6. Public footpaths, and
  7. Great Northern Greenway”
Agree with modification
FR 1

Replace Policy FR 1 before “To avoid” with “Development proposals will only be supported where they will not significantly increase the risk of flooding from watercourses, or from surface run-off.”

Agree with modification