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That the parish of St Leonards & St Ives in Dorset be
designated a neighbourhood area, as proposed by St Leonards & St Ives
Parish Council.

 

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 to make a final determination as to whether to designate a
neighbourhood plan area and/or make such an area a business area.

 

This power only applies, however, when there is insufficient
time to have the matter considered by the relevant committee as part of the
normal committee cycle; the Council is legally obliged to approve the
designation; and/or there has been no objection to the proposal submitted to
the Council within any relevant time for the submission of representations
which has not been withdrawn.

 

This power (138) with conditions / limitations has been
delegated to the Community Planning Manager though the Local Scheme of
Nomination for Planning Services (29 April 2022).

 

On this occasion, Dorset Council is legally obliged to
approve the application by the parish council as it meets the requirements set
out in legislation. The conditions within the Officer Scheme of Delegation /
Local Scheme of Nomination have now been met and a decision should be made
without delay.

 

Reasons for the decision

Neighbourhood Area designation

 

Dorset Council has received a neighbourhood area application
from St Leonards & St Ives Parish Council.

 

The Neighbourhood Planning (General) Regulations 2012 (as
amended) state under regulation 5A that:

 

(1)  …where­­─

 

(a)  a local planning
authority receives an area application from a parish council;

 

(b)  the area specified
in the application consists of the whole of the parish council’s area; and

 

(c)  if any part of
the specified area is part of a neighbourhood area, none of that neighbourhood
area extends outside the parish council’s area.

 

(2)  The
local planning authority must exercise their powers under section 61G of the
1990 Act to designate the specified area as a neighbourhood area.

 

At the same time regulation 5A paragraph (3) outlines that
under the circumstances set out in paragraph (1), above, there is no
requirement for a local planning authority to consult on the proposed
neighbourhood area.

 

These provisions are summarised in Paragraph 032 (Reference
ID: 41-032-20170728) of the neighbourhood planning section of the national
Planning Practice Guidance (PPG). This states:

 

Where a parish council applies for the whole of the area
of the parish to be designated as a neighbourhood area, the local planning
authority must designate the whole of the area applied for. This includes where
a parish applies to extend its existing neighbourhood area to its parish
boundary. Exceptions to this are where the area applied for:

 

·        
has already been designated as a
neighbourhood area which extends beyond the parish boundary; or

 

·        
forms part of another application that has
not yet been determined.

 

St Leonards & St Ives Parish Council has applied to have
the whole of its parish area designated as a neighbourhood area. The area
specified in the application does not extend beyond the St Leonards & St
Ives parish boundary and does not overlap with other neighbourhood areas
already designated or applied for and awaiting determination.

 

Regulation 5A of the Neighbourhood Planning (General)
Regulations 2012 (as amended) therefore applies to this application. The
legislation requires Dorset Council to exercise its powers under section 61G of
the Town and Country Planning Act 1990 and designate the area as a
‘neighbourhood area’.

 

Alternative options considered

Business Area

 

Section 61H of the Town and Country Planning Act 1990, as
amended by the Localism Act 2011, requires that when designating a
neighbourhood area, a local planning authority should consider whether the area
concerned should be designated as a ‘business area’. If a business area is
designated, local businesses would have the opportunity to be more involved in
the formation of the neighbourhood plan and would get an opportunity to vote
(alongside registered electors) in the later referendum on whether the neighbourhood
plan should come into force. However, this section of the Act is clear that a
neighbourhood area should only be designated as a business area if it is
‘wholly or predominantly business in nature’.

 

The
proposed neighbourhood area is predominantly rural and residential in
character. Given this context it is not considered appropriate to designate the
neighbourhood area as a business area.