Agenda item

(Planning Policy Portfolio Holder) To consider the attached report (C-035-2015/16).

(1)        That the area in the north of the Parish shown on the map at Appendix 1 of the report be excluded from the Neighbourhood Area applied for by Epping Upland Parish Council 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) had to be carried out to ensure that the most suitable site(s) (if any at all) were allocated for development in Local Plans for those 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 on the designation of a Neighbourhood Area for the parish of Epping Upland.

The Portfolio Holder informed the Cabinet that an application for the designation of a Neighbourhood Area for the purposes of the preparation of a Neighbourhood Plan was received from Epping Upland Parish Council on 4 August 2015. Once received, the Local Planning Authority was required to publicise the application. The Neighbourhood Planning (General) Regulations 2012 (as amended) prescribed timescales for the consultation, and determination of neighbourhood area applications. Once publicised, the Local Planning Authority was required to determine the application within 8 weeks, including consulting on the application for a minimum of 4 weeks. Accordingly, the consultation period on the application started on 17 August 2015, and ran until 14 September 2015. The Council was under an obligation to determine the application by 12 October.

The Portfolio Holder stated that the location of Epping Upland Parish, immediately adjacent to Harlow’s administrative boundary, with the possibility of strategic cross-boundary growth via the Local Plans of Epping Forest, Harlow and East Hertfordshire District Councils, had caused Planning Policy Officers to consider the desirability of designating the whole of the Parish as a Neighbourhood Area for neighbourhood planning purposes. In assessing the alternatives available, Officers had sought legal advice from Counsel specialising in planning law. Having considered that legal advice, it was confirmed 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 of the Parish identified in the application as requested.

The Portfolio Holder reported that the recommendation of Officers was that the north eastern extension of Epping Upland Parish, covering an area of land that followed the Parish boundary with Nazeing Parish Council along the Epping Road (B181) and Roydon Parish Council to the north of Richmond’s Farm and then following the Parish / District boundary with Harlow District Council to the point where it met Epping Long Green,south west following the public right of way running through Epping Long Green to where it met the Epping Roadshould be excluded from the Neighbourhood Area Designation (as per the attached map at appendix 2 of the report).

Decision:

(1)        That the area in the north of the Parish shown on the map at Appendix 1 of the report be excluded from the Neighbourhood Area applied for by Epping Upland Parish Council 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) had to be carried out to ensure that the most suitable site(s) (if any at all) were allocated for development in Local Plans for those 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 Cooperate. 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 the Epping Upland Parish area as a Neighbourhood Area.

To designate alternative areas of the Parish as a Neighbourhood Area.