This note provides guidance on making representations to the submission neighbourhood plan. The plan has been prepared by the Marton Moss Neighbourhood Forum, and is now being publicised by the council. Representations made on the submission plan are sent to an independent Examiner for consideration.
How do I make a representation?
A representation to the Marton Moss Neighbourhood Plan should be made using the representation form that is provided on the website. Your representation should be succinct and include the evidence and supporting information required to justify your representation. After the consultation has closed all representations received will be sent to the Examiner for their consideration, as part of the Neighbourhood Plan Examination,and it is unlikely you will have the opportunity to make any further comments.
The Examiner will consider whether the plan meets the ‘Basic Conditions’ that are set out in Neighbourhood Planning legislation. Therefore representations must relate to these basic conditions and must set out any suggested changes that you consider necessary for the plan to meet these conditions.
What are the basic conditions?
The basic conditions are set out in the national legislation that governs Neighbourhood Plans: paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990. These are conditions that neighbourhood plans must meet for it to be made (i.e. to form part of the borough’s Development Plan). The basic conditions are that, in making the plan:
- It has regard to national policies and advice contained in guidance issued by the Secretary of State
- It contributes to the achievement of sustainable development
- It is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area)
- It does not breach, and is otherwise compatible with, EU obligations
- Prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan
More information on the basic conditions can be found at Neighbourhood planning. Marton Moss Neighbourhood Forum have prepared a Basic Conditions statement, as they are required to do by Neighbourhood Planning legislation.
Further information on each of the basic conditions is set out below:
It has regard to national policies and advice contained in guidance issued by the Secretary of State
The Neighbourhood Plan must have regard to the National Planning Policy Framework and associated guidance. Planning Practice Guidance states that a neighbourhood plan should not contain any policies or proposals that constrain the delivery of important national policy objectives.
In accordance with paragraph 18 of National Planning Policy Framework, a Neighbourhood Plan should only contain non-strategic policies.
It contributes to the achievement of sustainable development
As set out in paragraph 8 of National Planning Policy Framework, sustainable development has three overarching objectives: an economic objective, a social objective and an environmental objective. The Neighbourhood Plan should therefore set out how it contributes to and helps achieve sustainable development across these three objectives and how it addresses any potential adverse effects arising from the proposals.
It is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area)
As set out in paragraph 29 of National Planning Policy Framework, Neighbourhood plans must be in general conformity with the strategic policies contained in any development plan that covers their area. The Strategic Policies for Blackpool can be found within the Blackpool Local Plan Part 1: Core Strategy (Adopted January 2016). The examiner will consider whether the Neighbourhood Plan supports and upholds the general principle of the strategic policies within the Core Strategy, whether there is any conflict between the Neighbourhood Plan and strategic policies; and whether the Neighbourhood Plan provides an additional level of detail that helps supplement a Strategic Policy.
It does not breach, and is otherwise compatible with, EU obligations
Neighbourhood plans must not breach and must be compatible with EU obligations. This includes the Strategic Environmental Assessment (SEA) Directive and the Habitats Directive and Wild Birds Directives. The Neighbourhood Plan is accompanied by a Strategic Environmental Assessment and a Habitats Directive which gives further consideration to this condition
Prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan
The prescribed conditions are in relation to European Directives, including those identified above; and with the European Convention on Human Rights, which is incorporated into law by the Human Rights Act 1998.
What happens next?
The neighbourhood plan and the representations received during the consultation on the plan will be considered by an independent examiner. They will consider whether the plan can be made (adopted) and form part of the Borough’s Development Plan. If the Examiner considers that the plan can be made, the final decision will be made by a referendum of people who live in the Marton Moss Neighbourhood Plan area. If a majority vote for the plan to be made, it will then form part of the Borough’s development plan