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That the
Council agrees the minor (non-material) modifications, set out in Appendix A,
are made to the Loders Neighbourhood
Plan.

 

Scheme of delegation

 

Under the Officer Scheme of Delegation (April 2019), the
Executive Director of Place
has the power (138) “To undertake all action in relation to any function of the
Council concerning neighbourhood planning” including
the power relating to the making and approval of any neighbourhood
development plan, neighbourhood development order
and/or community right to build order whether under any Town and Country
Planning Legislation or otherwise. 

 

This power
does not apply to the final determination as to whether to formally ‘make’
(adopt) a neighbourhood development plan. However,
given this decision relates to agreeing minor (non-material) modifications to a
plan that has already been formally ‘made’ (adopted) this limitation in the
Officer Scheme of Delegation is not applicable.

 

The Local Scheme of Nomination sets out which functions have
been nominated by the Executive Director of Place and any conditions or
limitations. This includes the power, as set out above, ‘To undertake all
action in relation to any function of the Council concerning neighbourhood
planning’ including the power relating to the approval of any neighbourhood
development plan under any Town and Country Planning Legislation or otherwise.
The only condition/limitation is that the relevant Portfolio Holder (Cllr Bartlett,
Portfolio Holder for Planning and Emergency Planning) is consulted.

 

 

Reasons for the decision

Proposed
Area

 

The neighbourhood plan area for Loders
was designated by West Dorset District Council in February 2013. Following
significant amounts of consultation and research Loders
Parish Council (the Qualifying Body) submitted the Loders
Neighbourhood Plan, and associated documents, to West
Dorset District Council in July 2015. The submitted plan was subject to
consultation, independent examination and then a referendum. The referendum was
held on 5 May 2016 and a majority of those who voted in the referendum voted in
favour of the plan. Consequently, the neighbourhood plan was formally made by West Dorset
District Council on 21 July 2016.

 

Loders
Parish Council has proposed that some minor updates are made to the plan. These
are detailed in Appendix A to this report. Officers have considered each of the
modifications proposed and consider that they would not affect the policies in
the plan. Under the relevant legislation[1] it
is possible for a local planning authority, subject to the agreement of the
relevant Qualifying Body (in this instance Loders
Parish Council), to make minor (non-material) modifications to a ‘made’ plan
without the need to go to consultation, examination or referendum. That is what
is proposed in this instance. 

 

It should
be noted that as a result of a Community Governance
Review the parish boundary for Loders has changed
and, consequently, part of the neighbourhood area now
falls within Shipton Gorge Parish. Shipton Gorge Parish Council has agreed to
the minor modifications proposed.

 

Recommendation

 

Officers have considered the modifications set out in Appendix A and are
of the view that they are minor (non-material) modifications that do not need
to be subject to consultation, examination or referendum. Consequently, it is
recommended that the Council agrees the minor
(non-material) modifications.

 

[1] Which includes Section 61M(4) of the Town and Country Planning Act 1990 (as applied
to neighbourhood plans by section 38C(2)(c) of the Planning and Compulsory
Purchase Act 2004

Alternative options considered

The Council could choose to not agree to the minor
(non-material) modifications proposed. However, officers have considered each
of the modifications proposed and are of the view that they are minor
(non-material) modifications. Consequently, there is no basis for not agreeing
to the modifications that have been proposed by Loders
Parish Council.