PEWSEY NEIGHBOURHOOD DEVELOPMENT PLAN
DECISION STATEMENT (PROCEEDING TO REFERENDUM)
1.
INTRODUCTION
1.1
Pursuant to the Wiltshire Council constitution and in particular Part 3B, the Associate
Director for Economic Development and Planning within whose remit Spatial
Planning falls is authorised to make decisions on Neighbourhood Plan proposals
following the examination of a Neighbourhood Plan proposal in accordance with the
Town and Country Planning Act 1990 (as amended) and the Neighbourhood
Planning (General) Regulations 2012 (as amended) and all other relevant legislation.
2.
BACKGROUND
2.1
The Pewsey Neighbourhood Plan Area, situated in the east of Wiltshire, comprises
the whole of the parish of Pewsey. On 28 May 2013, Wiltshire Council formally
approved that the Pewsey Neighbourhood Area be designated in accordance with
the Neighbourhood Planning (General) Regulations 2012.
2.2
Pewsey Parish Council, the qualifying body, submitted the draft Pewsey
Neighbourhood Development Plan, and supporting documents, to Wiltshire Council
in October 2014 for consultation, independent examination and the remaining stages
of the draft Plan’s preparation in accordance with the Neighbourhood Planning
(General) Regulations 2012.
2.3
Following submission of the draft Pewsey Neighbourhood Development Plan,
Wiltshire Council publicised the Plan and supporting documents and invited
representations during the consultation period 3 November to 17 December 2014.
2.4
In March 2015, Wiltshire Council appointed an independent examiner, Ms Ann
Skippers BSc (Hons) Dip Mgmt (Open) PGC (TLHE) (Open) MRTPI FHEA FRSA
AoU, to review the Plan and consider whether it should proceed to referendum.
2.5
The examiner’s report was received on 17 April 2015 and concluded that subject to
making the modifications recommended in the report, that the draft Plan meets the
Basic Conditions and should proceed to referendum. The examiner also
recommended that the area for the referendum should not extend beyond the
Neighbourhood Area to which the plan relates.
2.6
In accordance with legislation, Wiltshire Council must consider each of the
recommendations made in the examiner’s report, decide what action to take in
response to each recommendation and what modifications should be made to the
draft Plan in order to be satisfied that it meets the Basic Conditions and is compatible
with Convention Rights. If the authority is satisfied then a referendum must be held.
Consideration also needs to be given as to whether to extend the area to which the
referendum is to take place.
3.
DECISION AND REASONS
3.1
Having considered the examiner’s recommendations and reasons for them, the
Council concurs with the examiner’s view and have decided to make modifications to
the draft Pewsey Neighbourhood Development Plan to ensure that it meets legal
requirements including the Basic Conditions as set out in legislation. Appendix 1 sets
out the modifications to be made in response to the examiner’s recommendations,
together with the reasons for them.
3.2
The Council is satisfied that the Neighbourhood Development Plan as modified
complies with the legal requirements and can proceed to referendum.
3.3
The Council also agree with the examiner that there is no reason to extend the
Neighbourhood Plan Area for the purpose of holding the referendum.
3.4
I declare that I have no private interest in respect of this matter that would prevent us
from making this decision.
Signed:
Alistair Cunningham
Associate Director, Economic Development & Planning
Wiltshire Council
Dated: 26 May 2015
APPENDIX 1
Modifications to the draft Pewsey Neighbourhood Plan in response to the Examiner’s recommendations and to correct errors
Guidance for using this document
The following table sets out the changes that are required in order to address the recommendations set out in the Examiner’s report. The
Examiner’s specific recommendations are listed in bold text.
Throughout the table, specific changes are highlighted as follows:
•
text in italics and underlined identifies new text to be added to the Plan
•
text that is shown as strikethrough identifies text to be deleted from the Plan
The relevant paragraph, policy and page numbering relates to the draft Pewsey Neighbourhood Development Plan, as published, dated
September 2014 and to its related documents as indicated.
The final Plan, to be published for the purposes of the referendum, will need to renumber the policies and paragraphs as appropriate following
the insertion of changes.
1
APPENDIX 1
Modifications to the draft Pewsey Neighbourhood Plan in response to the Examiner’s recommendations and to correct errors
Page in
Examination
Report
Paragraph in
Examination
Report
6
16
Neighbourhood
Plan / related
documents
Page / Section
Front cover
Section 1.0
Page 2
Recommendation and changes
Reason for change
Include the dates to which the plan relates on the front
cover as well as in the Plan itself and add the start
date of the Plan period to the Introduction section.
In the interests of clarity.
Add the dates “2006 to 2026” under the title of the
document on the front cover.
Insert “from 2006” before “to 2026” at the end of the last
sentence in paragraph 1.1.
8
31
The submitted
Consultation
Statement
Add information about the pre-submission
consultation period and its dates to the Consultation
Statement.
In the interests of clarity.
12
57
The submitted
SEA Report
Page 79, section
9
Copy section 9 on page 79 of the Sustainability
Appraisal (SA) / Strategic Environmental Assessment
(SEA), identify it as the non-technical summary and
make available as a separate document or identify it
as such at the start of the SA / SEA.
In the interests of clarity.
2
APPENDIX 1
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Page in
Examination
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Paragraph in
Examination
Report
13
63
Neighbourhood
Plan / related
documents
Page / Section
Section 2.0
Planning Policy
Context
Pages 2 and 3
Recommendation and changes
Reason for change
Update this section of the Plan and complete the
paragraph numbering.
In the interests of
improving accuracy and
clarity.
The paragraph numbering in Section 2.0 needs to be
deleted and re-numbered to run from 2.1 to 2.8.
In addition, there is a need to make certain additional
changes to the text to address issues of conformity with
the policies of the adopted Wiltshire Core Strategy as set
out below.
Number the third paragraph as 2.1 and amend the text as
follows:
“The Wiltshire Core Strategy (WCS) (adopted January
2015), saved policies of the Kennet Local Plan and
adopted policies of the Wiltshire and Swindon Minerals
and Waste Development Framework is form the current
Local Plan for the area covered by the NDPalthough it is
soon to be superseded by the Wiltshire Core Strategy.”
3
Changes also made to
address minor conformity
issues between the Plan
and the adopted Wiltshire
Core Strategy.
APPENDIX 1
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Page in
Examination
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Paragraph in
Examination
Report
13 (cont...)
63 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
Section 2.0
Planning Policy
Context
Pages 2 and 3
(cont...)
Recommendation and changes
Reason for change
Number the third paragraph as 2.2 and amend the text as
follows:
In the interests of
improving accuracy and
clarity.
In terms of the overall WCS and saved policies of the
Kennet Local Plan, the NDP takes forward their its
policies, and especially the focus on sustainable
development, including the reinforcement of the selfcontainment of Pewsey and enhancement of its role as a
Local Service Centre. Detailed correspondence between
the WCS and the NDP is discussed through the plan,
especially in the main plan document. Information on how
the NDP relates to and takes forward the policies of the
WCS (including saved policies) is discussed through the
plan.
4
Changes also made to
address minor conformity
issues between the Plan
and the adopted Wiltshire
Core Strategy.
APPENDIX 1
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Page in
Examination
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Paragraph in
Examination
Report
13 (cont...)
63 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
Section 2.0
Planning Policy
Context
Pages 2 and 3
(cont...)
Recommendation and changes
Reason for change
Number the third paragraph as 2.3 and amend the text as
follows:
In the interests of
improving accuracy and
clarity.
In terms of the overall thrust of the WCS and saved
policies of the Kennet Local Plan, the NDP reflects the
same general approach; a desire to achieve sustainable
development by permitting growth on carefully selected
urban and suburban sites within the village boundary
(Policy HC21, HC21, HC26, ED8, ED12 WCS policies
CP1, CP2, CP34, CP35 and CP39), ensuring adequate
infrastructure (HC42 and HC43, AT10 WCS policies CP3
and CP61), providing housing and sufficient affordable
housing (e.g. proposals map insert 7 and HC28 WCS
policies CP2 and CP43), reinforcing Pewsey’s role as a
Local Sservice Ccentre (ED23 WCS policy CP2 and saved
Kennet Local Plan policy ED24) and as a tourist attraction
(TR10, TR11, TR12, TR13, TR18 WCS policies CP2,
CP39, CP40 and saved Kennet Local Plan policy TR20),
achieving growth without detriment to its character (WCS
policy CP58 HH5, HH8, HH9), or to the wider environment
including the AONB (WCS policies CP1, CP2 and CP51
NR6, NR7, NR8). Kennet Transport policy is taken forward
in the NDP (e.g. WCS policies CP48, CP51, CP52, CP60
and CP61 AT17, AT23) which aims to reduce reliance on
the car by improving self-containment of the village, and
aims to improve access to sustainable modes.
5
Changes also made to
address minor conformity
issues between the Plan
and the adopted Wiltshire
Core Strategy.
APPENDIX 1
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Page in
Examination
Report
Paragraph in
Examination
Report
13 (cont...)
63 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
Section 2.0
Planning Policy
Context
Pages 2 and 3
(cont...)
Recommendation and changes
Reason for change
Renumber paragraph 2.1 to 2.4 and amend the text as
follows:
In the interests of
improving accuracy and
clarity.
Previously the Regional Spatial Strategy (RSS)
Development Strategy, along with RPG10 and the
Structure Plan, provided strategic planning guidance to the
whole of the South West; but RPG10 and the Structure
Plan were abolished by the Localism Act 2011 and
Paragraph 216 of the National Planning Policy Framework
(NPPF) provides guidance for emerging plans.
Renumber paragraph 2.2 to 2.5 and amend the text as
follows:
The saved policies of the Kennet District Council’s (KDC)
Local Plan remain extant until either deleted, or incorporated
replaced by those of into the WCS Wiltshire Council’s Core
Strategy, through the partial review of the WCS which is
currently being undertaken probably in 2014/15. In
November 2002, the Pewsey Village Design Statement was
published and adopted as planning guidance by Kennet
District Council KDC. The saved policies of the KDC Kennet
Local Plan, the emerging Core Strategy WCS, the Village
Design Statement, the Pewsey Community Plan and the
NPPF therefore make up the formal planning context for the
NDP and have been used as a reference in the preparation of
this plan.
6
Changes also made to
address minor conformity
issues between the Plan
and the adopted Wiltshire
Core Strategy.
APPENDIX 1
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Page in
Examination
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Paragraph in
Examination
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13 (cont...)
63 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
Section 2.0
Planning Policy
Context
Pages 2 and 3
(cont...)
Recommendation and changes
Reason for change
Renumber paragraph 2.3 to 2.6 and amend the text as
follows:
In the interests of
improving accuracy and
clarity.
An NDP Scoping Report for Pewsey was published in July
2013 and a Sustainability Appraisal and Environmental
Assessment will be published later in 2014. A
Neighbourhood Area Designation Application dated 29th
Jan 2013 was approved by Wiltshire Council following the
statutory period of consultation, establishing the area of
Pewsey Parish as the plan area for the NDP (Appendix 5:
Map 1). An NDP Scoping Report for Pewsey was
published in July 2013 and a Sustainability Appraisal
incorporating a Strategic Environmental Assessment, was
will be published later in 2014.
Renumber paragraph 2.4 to 2.7 and amend the text as
follows:
The longstanding policy of Pewsey Parish Council has
been to contain development within the Pewsey village
settlement boundary limits, defined as the Limits of
Development (LoD) as set out in the KDC Local Plan and
endorsed by the draft Core Strategy WCS (Appendix 5:
Map 1).
7
Changes also made to
address minor conformity
issues between the Plan
and the adopted Wiltshire
Core Strategy.
APPENDIX 1
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Page in
Examination
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Paragraph in
Examination
Report
13 (cont...)
63 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
Section 2.0
Planning Policy
Context
Pages 2 and 3
(cont...)
Recommendation and changes
Reason for change
Renumber paragraph 2.5 to 2.8.
In the interests of
improving accuracy and
clarity.
Consequential
amendments
Section 7
Policies
Paragraphs 7.9
and 7.13
Amend second sentence of paragraph 7.9 as follows:
It is the policy of the plan to provide employment land from
sites allocated in the Kennet Local Plan/WCS.
Changes also made to
address minor conformity
issues between the Plan
and the adopted Wiltshire
Core Strategy.
Amend first sentence of paragraph 7.13 as follows:
The saved policy position from the Kennet Local Plan
(saved Policy ED5) and the draft emerging adopted
Wiltshire Core Strategy (Core Policy 18) both refer to an
employment site (EMP – ED1 and ED5) at Marlborough
Road.
14
67
Section 6.0
Objectives
Delete Objective 10
8
Not related to the
development of land and
therefore fails the basic
conditions test.
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78
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Plan / related
documents
Page / Section
Paragraph 7.3
Pages 6 - 7
Theme 1: Policy 1
- Development
Strategy
Recommendation and changes
Reason for change
Substitute the word ‘suitable’ where it appears in
criteria (i) and (ii) with the word “developable”; and
add the NPPF definition of ‘developable’ to the
supporting text.
To better reflect Core
Policy 2 of the WCS and
so meet the basic
conditions.
Add the text from Footnote 12 of the NPPF (relating to
paragraph 47, bullet point 2).
Change the wording of the second bullet point of
criterion (ii) to read: “the development is brought
forward through a sites allocations development plan
document or through a neighbourhood plan or as a
rural exceptions site defined by the Core Strategy.”
As a consequence to the above change, amend final
sentence of paragraph 7.3 as follows:
“This may come forward through either a site allocation
DPD, through a neighbourhood plan a masterplan,
other community planning documents involving the
Parish Council or a Rrural Eexceptions Scheme site as
defined by the Core Strategy.
Add reference to Maps 1 and 3 in Policy 1 or its
supporting text.
9
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Examination
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Examination
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16 (cont...)
78 (cont...)
18
84
Neighbourhood
Plan / related
documents
Page / Section
Consequential
amendment to
Objective 8 on
page 5,
Paragraph 6.1
Recommendation and changes
Reason for change
In response to this change, amend criterion (ii) to add “as
defined on Maps 1 and 3” after the first reference to
“village LoD.”
To better reflect Core
Policy 2 of the WCS and
so meet the basic
conditions.
Section 7
Page 8
Policy 2A
The Economy
Add reference to Map 4 in Policy 2A or its supporting
text.
As a consequence of the above changes, amend
Objective 8 on page 5 of the Plan by replacing ‘suitable’
with the word ‘developable’.
In response to this change, insert: “as shown on Map 4”
after “…on the following sites” in criterion (i).
Delete the word “possible” from the title of Map 4 on
Page 29 of the plan.
Delete criterion (iii) from policy 2A in its entirety and
re-number criterion (iv) as (iii).
10
In order to meet the
Basic Conditions
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93
Neighbourhood
Plan / related
documents
Page / Section
Section 7
Page 9
Policy 2B
The Economy
Recommendation and changes
Reason for change
Reword Policy 2B as follows:
To meet the basic
conditions; better reflect
Core Policy 51 of the
Wiltshire Core Strategy
policy; to comply more
fully with the NPPF and
for clarity.
i. A mixed use development comprising residential
development and a minimum of 0.5 hectares of
employment uses on land at Marlborough Road as
identified on Map 4 will be permitted.
ii. A minimum of 1.5 hectares of employment land on
land at Salisbury Road Business site as identified on
Map 4 will be permitted subject to the development
demonstrating that account has been taken of the
North Wessex Downs AONB Management Plan and
that development protects, conserves and where
possible enhances landscape character. Therefore the
development of this site must include high quality
design and landscape measures to ensure that the
development is satisfactorily integrated into the
landscape and the development should not have a
harmful effect on traffic in the area.
Paragraph 7.18 should be deleted in its entirety and
subsequent paragraphs will need to be renumbered.
11
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Examination
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23 - 24
114
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Plan / related
documents
Page / Section
Section 7
Page 15 (plus
Appendices)
Policy 6
Housing
Recommendation and changes
Reason for change
Change criterion 1 of Policy 6 to read:
To meet the basic
conditions, for clarity and
consistency, to avoid
duplication of elements of
the Wiltshire Core
Strategy.
New Housing development is acceptable in principle
on approximately 1 hectare of land at Marlborough
Road together with a minimum of 0.5 hectare of
employment land Identified by Policy 2B, and on the
Old Hospital Phase III site. Both sites are identified on
Map 4.
Ensure that it is clear that Appendix 1 is for
information purposes only by the addition of: “for
information purposes only” at the start of the
Appendix.
Consequential
amendments to
paragraphs in
Section 7
Policies
As a consequence of this change, also insert “for
information purposes only” after “Appendix 1” in paragraph
7.45.
12
APPENDIX 1
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Examination
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23 – 24
(cont...)
114 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
Section 7
Page 15 (plus
Appendices)
Policy 6
Housing
Recommendation and changes
Reason for change
Delete all references to figures and housing numbers
from paragraphs 7.42 to 7.44 inclusive (although
reference to the information in Appendix may still be
made).
To meet the basic
conditions, for clarity and
consistency, to avoid
duplication of elements of
the Wiltshire Core
Strategy.
In response to this change:
(i)
Insert “Approximately” before “600 dwellings” at the
start of the second sentence in paragraph 7.42
consistent with Core Policy 18 of the Wiltshire Core
Strategy, and delete the final sentence that starts
“At June 2014…”;
(ii)
In paragraph 7.43, delete the words after
“…development and growth” and insert a full stop.
Insert a new sentence at the end of the paragraph
to state “Appendix 1 sets out the approach to the
identification of housing sites within the NDP and is
for information purposes only.”
(iii)
Delete first two sentences of paragraph 7.44.
Revise the supporting text in paragraph 7.44 to delete
references to the former Police Station Site.
Delete Site 3 from Map 4.
13
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Page in
Examination
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Examination
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23 – 24
(cont...)
114 (cont...)
Neighbourhood
Plan / related
documents
Page / Section
15 (plus relevant
Appendices)
Section 6.0
Policy 6
Housing
Recommendation and changes
Reason for change
Delete Appendix 4 in its entirety and undertake any
consequential amendments to remove references to it
in the plan; and renumber any subsequent appendices
(and undertake any consequential revisions) or
remove the reference to “Appendix 5” and simply have
the series of Maps at the back of the document (this
latter option would be preferable).
For clarity and
consistency, to avoid
duplication of elements of
the WCS and to comply
with the Basic Conditions
(deletion of Paragraph 3).
As a consequence to this change, delete final sentence of
paragraph 7.46 that starts “The Wiltshire Council
Affordable Housing…” and remove Appendix 4 from
contents page. In addition, remove references to Appendix
5 from the “Contents” page (and instead have a subheading ‘Maps’ with the maps listed beneath) and
paragraphs 2.3, 2.4, 3.1, 4.1, 7.10, 7.33, 7.35, 7.41, 7.54
and 7.56.
Delete criterion 3 of the policy and Appendix 3 in its
entirety.
As a consequence of this change, also amend final bullet
point of paragraph 7.44 to delete “by local people and their
families” and “(Appendix 3)”; and remove Appendix 3 from
contents page.
Change first reference to Appendix 4 in paragraph 7.46
to Appendix 2.
14
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25
122
Neighbourhood
Plan / related
documents
Page / Section
Section 7
Policy 7
Transport
Page 16
Recommendation and changes
Reason for change
The policy should be reworded to read:
In order to meet the
Basic Conditions; better
reflect national policy and
remove policy
requirements that are not
development and land
use matters.
1. New development in the village will usually be
required to provide off-street car parking as part of the
development or conveniently located near to it. The
amount needed will be assessed on a case‐by‐case
basis and take into account the type of development,
its location and its impact on the overall parking
provision in the village.
2. New development should encourage and enable the
use of sustainable transport modes and alternatives to
the car.
3. Developer contributions will be sought to provide
new or improved transport-related infrastructure.
4. Proposals that improve parking facilities and
provide and enhance safe and suitable access to the
train station will be supported.
Move references to free village centre parking and the
desire to retain this to a separate section or appendix
of the Plan.
15
APPENDIX 1
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Examination
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25 (cont...)
122 (cont...)
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Plan / related
documents
Page / Section
Section 7
Policy 7
Transport
Page 16
Recommendation and changes
Reason for change
In response to this change, delete “Retain the free parking
policy in the village” from paragraph 7.50 and move the
text from paragraph 7.51 to a separate section or appendix
of the Plan.
In order to meet the
Basic Conditions; better
reflect national policy and
remove policy
requirements that are not
development and land
use matters.
As a consequence of these changes, the paragraph
numbering in Section 7 will need to be revised.
Move criterion 4 supporting the direct train service to
London to a separate section or appendix of the Plan.
As with the amendments set out above, proposals within
the plan that relate to non-land use planning matters; or
matters outside the direct control of the Parish Council,
should be taken out of Policy 7 and moved to a different
part of the plan (e.g. a separate Appendix).
Not applicable
Not applicable
Section 7
Pages 18-19
Paragraphs 7.56,
7.58 and 7.59
Amend paragraph 7.56 to reflect the fact that there are two
Conservation Areas in Pewsey:
The centre of Pewsey is a covered by two designated
Conservation Areas (CAs), the Pewsey Conservation Area
which covers the historic town core and the Wilcot Road
Conservation Area (CA) (see Appendix 5: Map
3). tThere are also a number of Grade II…”
16
In the interest of clarity
and accuracy.
APPENDIX 1
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Not applicable
Paragraph in
Examination
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Not applicable
Neighbourhood
Plan / related
documents
Page / Section
Section 7
Pages 18-19
Paragraphs 7.56,
7.58 and 7.59
Recommendation and changes
Reason for change
Also, amend reference to “Conservation Area” in
paragraph 7.58 to read “Conservation Areas”, and amend
paragraph 7.59 to clarify which area has been declared
‘At Risk’ as follows:
In the interest of clarity
and accuracy.
This gradual degradation has been particularly noticeable
in the Wilcot Road area and has led to theis Conservation
Area being declared ‘At Risk’ by English Heritage. The
Pewsey Conservation Area Appraisal and Management
Plan has also identified structures ‘at risk’. The purpose of
this policy is to reverse this trend, improve the quality of
the village as a whole especially the Conservation Areas
and protect Listed Buildings and their settings.
Not applicable
Not applicable
Section 7
Page 18
Policy 8
Heritage
Amend criterion 3 as follows:
Proposals which include the sensitive conservation of
listed buildings or the enhancement of the designated
Conservation Areas, especially the public realm and
elements identified as being Aat Rrisk’ by English
Heritage, will be welcomed.”
17
In the interest of clarity
and accuracy.