Agenda item

(Planning Policy Portfolio Holder) To consider the attached report (C-004-2015/16).

(1)        That the exclusion of an area to the west of the M11 motorway from the application by North Weald Bassett Parish Council for the designation of the whole Parish for the purposes of preparing a Neighbourhood Plan be agreed for the following reasons:

            (a)        a number of strategic cross boundary matters had been identified   which   included, but were not limited to, Green Belt review, cross district    boundary agreement of housing and job growth figures, and planning and      delivery of key strategic infrastructure;

            (b)        the matters identified in (a) above were not within the remit of a       Neighbourhood Plan to address;

            (c)        a comprehensive assessment of all of the possible sites around     Harlow (in Epping Forest, Harlow and East Hertfordshire District Council          areas) must be carried out to ensure that the most suitable site(s) (if any at all) were allocated for development in the Local Plans for these three         Districts; and

            (d)        the proposed area to be excluded from the Neighbourhood Area  designation was defined by existing physical and administrative boundaries, and did not cover an area of high existing population.

The Portfolio Holder for Planning Policy presented a report regarding the designation of a Neighbourhood Area for the parish of North Weald Bassett.

The Portfolio Holder stated that an application for the designation of a Neighbourhood Area for the purposes of the preparation of a Neighbourhood Plan had been received from North Weald Bassett Parish Council on 8 September 2014.  At the Parish Council’s request, to allow additional time to consider the recommendation of the Council, the consideration and determination of the Parish Council’s application was deferred at the Cabinet meeting held on 9 March 2015.

The Portfolio Holder informed the Cabinet that the location of North Weald Bassett Parish, immediately adjacent to Harlow’s administrative boundary, and the possibility of strategic cross-boundary growth via the Local Plans of Epping Forest, Harlow and East Hertfordshire District Councils, had caused the Council to question the desirability of designating the whole of the Parish as a Neighbourhood Area for neighbourhood planning purposes. In considering the alternatives available, the Council had sought legal advice from Counsel specialising in planning law. Having considered that legal advice, it was thought that the District Council had a broad discretion in determining whether, in the particular circumstances relevant to this application, it was desirable to designate the entire area identified in the application.  As a result,  it had been proposed that the north western part of the Parish, bounded by the M11 motorway to the east, the administrative boundary with Harlow to the north, the Parish boundary to the west and the London Road (B1393) and Rye Hill Road to the south, should be excluded from the Neighbourhood Area designation (the attached map at appendix 2 of the report refers).

The Housing Portfolio Holder, who was a local Member for North Weald Bassett, commented that the District and Parish Councils had a good record of working together. The five Neighbourhood Plans within the District previously agreed had covered the whole area of a particular Parish or Town Council, but North Weald Bassett was seemingly being treated differently. Residents had legitimate concerns about further land being granted to Harlow District Council, as had happened for the development of the Church Langley estate nearly 25 years ago. It was also highlighted that a public consultation had been commenced by the County Council over the possible siting of a Construction & Demolition Waste facility at Hastingwood on a site adjacent to both Junction 7 of the M11 motorway and the area to be omitted from the Neighbourhood Area. The Parish Council wished to work with the District Council over the future of the Parish, and the current approach contravened the aims and aspirations of the Localism Act 2011.

The Portfolio Holder acknowledged that the County Council’s proposed siting of a Construction and Demolition Waste facility had been unexpected, and details of the consultation were only sent to County Council Members last week. The Portfolio Holder had already discussed the matter with the relevant County Council Portfolio Holder and made his objections to the plans known. He also stated that the District Council would still consult with the Parish Council over plans for the area of the Parish to be omitted, even if parts of it was subsequently designated as a Strategic Site. The recommendations before the Cabinet concurred with the legal advice received by the Council, and there had been no plans put forward for possible boundary changes to this District and Harlow.

Both the local Members for North Weald Bassett felt that there was the potential for Harlow District Council to gain land that was currently in the Epping Forest District. There could be a request for the M11 motorway to form a new boundary for Harlow District Council, with the potential for further development in that area. The Portfolio Holder reassured the Cabinet that Harlow District Council had been informed that the area to be omitted from the Neighbourhood Area designation would, irrespective of any future strategic site designation, remain as Epping Forest District Council land, and that any houses built in this area would therefore be Epping Forest District houses.

The Assistant Director of Neighbourhoods (Forward Planning & Economic Development) acknowledged the concerns of the Parish Council, and Officers would continue to work closely with the Parish Council, but Neighbourhood Plans could not deal with the cross-boundary strategic issues that were being raised in this particular area bordering Harlow. The Portfolio Holder confirmed that the Parish Council would be included in any consultations concerning the area in question.

Other members of the Cabinet pointed out that a Neighbourhood Plan would not prevent any development in a particular area; however, the Council could then use the planning process to argue against development when plans were submitted. A local Member for Chipping Ongar, Greensted and Marden Ash noted that there could be a two-tier approach to Neighbourhood Plans, with those Parishes on the Epping Forest boundary being treated differently. The need to include Local Councils in local planning issues was re-iterated.

The Portfolio Holder advised the Cabinet that Local Councils had been fully included in the Local Plan process to date, and that the District Council was always willing to listen to the views of the Town and Parish Councils.

Decision:

(1)        That the exclusion of an area to the west of the M11 motorway from the application by North Weald Bassett Parish Council for the designation of the whole Parish for the purposes of preparing a Neighbourhood Plan be agreed for the following reasons:

            (a)        a number of strategic cross boundary matters had been identified   which   included, but were not limited to, Green Belt review, cross district    boundary agreement of housing and job growth figures, and planning and      delivery of key strategic infrastructure;

            (b)        the matters identified in (a) above were not within the remit of a       Neighbourhood Plan to address;

            (c)        a comprehensive assessment of all of the possible sites around     Harlow (in Epping Forest, Harlow and East Hertfordshire District Council          areas) must be carried out to ensure that the most suitable site(s) (if any at all) were allocated for development in the Local Plans for these three         Districts; and

            (d)        the proposed area to be excluded from the Neighbourhood Area  designation was defined by existing physical and administrative boundaries, and did not cover an area of high existing population.

Reasons for Decision:

With regard to the location of the Parish on the District boundary with Harlow, there were a number of strategic and cross-boundary issues that had to be properly considered under the Council’s Duty to Co-Operate.  It was not within the remit of the neighbourhood planning process to address and deliver matters including, but not limited to, Green Belt review, cross-boundary agreement of housing and job growth figures, and the planning and delivery of key strategic infrastructure.

Other Options Considered and Rejected:

To designate the whole of North Weald Bassett Parish area as a Neighbourhood Area. However, this had been discounted due to the strategic and cross-boundary issues that had to be properly considered under the Council’s Duty to Co-Operate.

To designate the whole of North Weald Bassett Parish area as a Neighbourhood Area, alongside a memorandum of understanding (or similar) setting out the matters which could be addressed and desired sequencing of plan preparation. However, as a result of the legal advice received from Counsel, this option was not considered to be lawfully available to the Council.

To designate alternative areas of the Parish. However, the law was clear that any such designation had to be fully justifiable.