Agenda item

To consider a report from the Cabinet Member for Sustainable Communities and Localities (copy enclosed).

Appendix H of this report is not for publication by virtue of Section 100B (2) of the Local Government Act 1972,  Schedule 12 Paragraph 5 - information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

Cabinet considered a report which presented the draft Penrith Neighbourhood Development Plan (PNDP), which was a neighbourhood plan being prepared by Penrith Town Council (PTC). The PNDP covered Penrith Parish area which included the town and some surrounding countryside. It contained local planning policies and land allocations. 

The plan had been examined by an Independent Examiner.  This report sought approval to progress the plan through a further round of consultation, prior to being subject to a referendum and finally Made (adopted by Council).  This meant:

(i)         Approval of the majority of the Independent Examiner’s recommendations as follows - The rewording of policy text in respect of policies 2: Environmentally Sustainable Design, 3: Energy Use and Reducing Carbon Emissions, 4: Accessibility and Social Inclusion, 5: Conservation Areas in Penrith, 6: High Quality New Homes, 7: Housing Types and Mix, and 13: Penrith Town Centre Improvements, as recommended by the Examiner.

·         The deletion of policies 1: Sustainable Development in Penrith and 12: Traffic Management, as recommended by the Examiner.

·         The retention in full of Policies 10: Protecting and Enhancing Health and Community Facilities, 11: Walking and cycling and 14: Shopfront Design as originally proposed by Penrith Town Council (PTC), as recommended by the Examiner.

(ii)       In the light of legal advice and further evidence submitted by Penrith Town Council, not accepting some of the Examiner’s recommendations as follows:

·         The retention of policies 8: Identifying and Protecting Local Green Space and 9: Protecting and Enhancing Sport, Leisure and Recreational Facilities, contrary to the Examiner’s recommendation that both policies be deleted.The exception to this is to agree the deletion of The Beacon within Policy 8 as a Local Green Space, as it fails to meet the test of it ‘not constituting an extensive tract of land,’ as recommended by the Examiner.

(iii)      Approval, following consultation, to submit the amended plan to referendum, despite differing from the Examiners recommendations in respect of polices 8 and 9.

The Cabinet Member for Sustainable Communities and Localities took members through the report, and drew attention to the next steps in the process.

The Neighbourhood Planning (General) Regulations 2012 (as amended) stated that a local planning authority must publish what action would be taken in response to the recommendations of the Examiner. This was known as a ‘Decision Statement’.  This outlined how the Neighbourhood Plan was proposed to be modified in response to the Examiner’s report and the reasoning for such changes. The Decision Statement confirmed that the modifications proposed by the Examiner (with the exception of his recommendation in respect of Policies 8 and 9) had been clearly justified and accepted by officers. 

The Decision Statement also confirmed that the Penrith Neighbourhood Plan, as revised, met the basic conditions and that the Plan could now proceed to a further round of public consultation (in accordance with Schedule 4B paragraph 13 of the Town and Country Planning Act 1990), which was necessary due to the retention of Policies 8 and 9 (with the exception of site PN14: Beacon Hill) and then potentially to referendum.  Should Members have an alternative view they would need good planning reasons to progress on an alternative basis. 

Subject to a positive vote at referendum (more than 50% of the votes cast are in favour of the Plan), the Plan would be ‘made’ (adopted by Council).  It was not for the council to decide for or against adoption based on the merits of the Neighbourhood Plan.

Cllr Derbyshire thanked officers for their determination to keep developing this plan.  There had been so may changes made and she welcomed this finally being determined.

Cllr Thornton commented that the former district of Eden had always been at the forefront of developing Neighbourhood Development Plans and he was delighted to see this before Cabinet for final approval before going out to  public consultation.

The Cabinet Member then moved the recommendations, which were seconded and put to a vote, which was unanimous.

RESOLVED,     that Cabinet agree

(1)      the proposed amendments to the plan identified in Appendix C – Decision Statement and Schedule of Modifications be supported and approve the amended Penrith Neighbourhood Development Plan for consultation for a period of not less than 6 weeks;

(2)      to authorise the Director of Thriving Places in consultation with the Portfolio Holder, to make any minor changes and corrections to the plan that may be necessary, following the consultation;

(3)      in the event of no substantive further changes being needed following the consultation, Authorise the Director of Thriving Places in consultation with the Portfolio Holder, to approve the plan as amended, which would then be subject to public referendum;