Neighbourhood Planning - Foxton Neighbourhood Plan Review 2021 (material modifications)

Record details

Current Neighbourhood Plan Stage Neighbourhood Plan 'made'
Adopted Neighbourhood Plan

Read the adopted Foxton Review Neighbourhood Plan - 'made' version 2021

Read the Foxton NDP review policy map 2021
Neighbourhood Plan Review

The Review of the Foxton Neighbourhood Plan was submitted to the Council on 24 March 2021 with additional information submitted on 5 May 2021.

The Qualifying Body (QB) considered the amendments to be material amendments that did not materially affect the Plan and required examination but not referendum.

The Council considered that the changes and agreed they were material modificaiton that did not change the nature of the Plan and required an Examination but not referendum

After Regulation 16 Consultation an Independant Examiner was appointed and in considered the Foxton Neighbourhood Plan review. The Examiner is  obliged to consider whether the amendments to the Foxton Plan are:

  • Minor (non-material) modifications to a neighbourhood plan or order are those which would not materially affect the policies in the plan or permission granted by the order. These may include correcting errors, such as a reference to a supporting document, and would not require examination or a referendum.
  • Material modifications which do not change the nature of the plan or order would require examination but not a referendum. This might, for example, entail the addition of a design code that builds on a pre-existing design policy, or the addition of a site or sites which, subject to the decision of the independent examiner, are not so significant or substantial as to change the nature of the plan.
  • Material modifications which do change the nature of the plan or order would require examination and a referendum. This might, for example, involve allocating significant new sites for development.

The Examiner determined that the changes were significant modifications that required Examination, but did not change the nature of the Plan. The qualifying body  decided  to proceed with the examination. The Examiner  also considered whether the Plan met the Basic Conditions which are that the Plan must:

  • have regard to national planning policy and advice contained in guidance issued by the Secretary of State (e.g. National Planning Policy Framework);
  • contribute to the achievement of sustainable development;
  • be in general conformity with strategic policies in the development plan for the local area (i.e. Core Strategy); and
  • be compatible with EU obligations and human rights requirements.

Where material modifications do not change the nature of the plan (and the examiner finds that the proposal meets the basic conditions, or would with further modifications) a referendum is not required. A local planning authority will be required to make the modified plan within 5 weeks following receipt of the examiner’s report, or such later date as agreed in writing between the local planning authority and the qualifying body.

Where material modifications do change the nature of the plan, the local planning authority must publicise and consider the examiner’s report in line with the procedure for making a new neighbourhood plan. A decision may be made whether to proceed to referendum so that, if the referendum is successful, the neighbourhood plan becomes part of the development plan.

The Examiner receommeds that with modifications the Foxton Neighbourhood Plan should be 'made' by Harborough District Council. The Examiner determined that the changes to the Plan were significant enough to require Examination but did not change the nature of the Plan. A referedum was therefore not required.

The Cabinet meeting on 1 Nov 2021 approved the examiners recommended modifications and that the Foxton Review Plan should be 'made'.
Examination

Submission and Regulation 16 consultation

Foxton Parish Council submitted the revised version of the Foxton Neighbourhood Plan for Examination to Harborough District Council on 24 March 2021. The validation of the submitted Plan and other documents was completed on 5 May 2021 and the Regulation 16 dates for consultation were 26 May 2021  to 7 July 2021.

View the May 2021 Foxton Neighbourhood Plan submission documents below

Further information and the full evidence base can be found on the Foxton Parish Council website here

The Council considered that the changes and agreed they were material modificaitons that did not change the nature of the Plan and required an Examination but not referendum

Regulation 16 Consultation

Representations concerning the Neighbourhood Plan were made between 26 May and 7 July 2021. All representations will be submitted to the Examiner for consideration and will be publicly available.

Examination

Mr Andrew Ashcroft has been appointed as examiner to the Foxton Review Neighbourhood Plan with the agreement of the Qualifying Body.

Strategic Environmental Assessment

The Council was asked to screen the emerging review Plan for the requirement for a full SEA. The Screening and determination can be found below
Approval of Neighbourhood Area

Foxton Parish Council, as the relevant body, applied for the designation of the Foxton Neighbourhood Area. The application was publicised during July/August 2012 and was approved by Executive on 29 October 2012. 

View a map identifying the designated Foxton Neighbourhood Area (PDF, 883KB).