Neighbourhood Planning - East Langton Neighbourhood Plan Review 2021 (material modifications)

Read the East Langton Review  Referendum version Neighbourhood Plan

Submission

The Review of the East Langton Neighbourhood Plan was submitted to the Council on 29 November 2021. 

• Read the East Langton submission version plan
• Read the East Langton Consultation Statement
• Read the East Langton Basic Conditions Statement
• Read the Regulation 14 comments

The Qualifying Body (QB) considered the amendments to be material amendments that did  affect the nature of the Plan and required examination and referendum.

• Read the East Langton Neighbourhood Plan QB consideration of amendments made to Plan 

The Council must also consider  the changes and agree whether they are material modification that change the nature of the Plan and required an Examination and referendum

• Read the Council LPA Statement of Modifications 

The Council and Qualifying Body are in agreement that the changes require both examination and referendum.

After Regulation 16 Consultation an Independant Examiner will be appointed to consider the East Langton Neighbourhood Plan review. The Examiner is  obliged to consider whether the amendments to the East Langton 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  must also consider 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.

• Read the redacted Regulation 16 comments

Examination

The East Langton Review Neighbourhood Plan Examination took place between March and May 2022. Examiner, Barbara Maksymiw, considered that the Plan, with modificaitons, met the Basic Conditions and shdouel proceed to a referendum based on the neighbourhood area approved by Market Harborough District Council in October 2013.

• Read the questions of clarification from the Examiner and the Parish Council response
• Read the Examiners report

The Examiners recommendations will be considered by the Chief Executive. The provisional date for the referendum is 27 October 2022, subject to approval.

Referendum Timetable

The East Langton Neighbourhood Plan Referendum timetable can be found below

• Read the East Langton NHPR timetable

The Chief Executive has agreed that all the Examiner’s recommended modifications should be accepted and that the amended Neighbourhood Plan should proceed to a referendum. The Decision Notice and other documents were issued on 16 September 2022 (issued early becuase of the funeral of HM Queen Elizabeth II).

The modifications proposed by the examiner have been made to secure that the draft plan meets the basic conditions. Appendix A sets out these modifications and the action to be taken in respect of each of them.

The District Council agrees with the Examiner’s recommendation that there is no reason to extend the Neighbourhood Plan area for the purpose of holding the referendum. 

The Examiner has concluded that with the specified modifications the Plan meets the basic conditions and other relevant legal requirements.  The District Council concurs with this view and that the Plan complies with the provision made by or under sections 38A and 38B of the 2004 Act. Therefore, to meet the requirements of the Localism Act 2011 a referendum which poses the question

‘Do you want Harborough District Council to use the Neighbourhood Plan for East Langton to help it decide planning applications in the neighbourhood area?’

will be held in the Parish of East Langton.

The date on which the referendum will take place is agreed as 27 October 2022.

Documents issued on 16 September 2022

• Read the East Langton Review Referendum Version Neighbourhood Plan
• Read the East Langton Review  Decision Statement
• Read the East Langton Review  Basic Conditions Statement
• Read the East Langton Review Town and Country Planning Background Information
• Read the East Langton Review  Neighbourhood Plan Information Statement

Published on 21 September 2022

• Read the Notice of Referendum

Published on 19 October 2022

• Read the Notice of Poll Situation

  

East Langton Review Referendum Results 27 October 2022

Description		Votes
Total number of votes cast		158
Number cast in favour of a "YES"		154
Number cast in favour of a "NO"		4
The number of Ballot Papers rejected was as follows	(a) Want of Official Mark	0
	(b) Voting more times than the voter was entitled to	0
	(c) Writing or mark by which the voter could be identified	0
	(d) Being unmarked or wholly void for uncertainty	0
	(e) Rejected in part	0
	Total number of Spoilt Votes	0
Electorate 322 Turnout – 49%

 

Read the Final Decision Notice to make the East Langton Review Plan and the Referendum version Plan

The East Langton Review Neighbourhood Plan was submitted to the Council on 29 November 2021.

After validation checks the Plan was made available for Regulation 16 Consultation from 19 January 2022 to 2 March 2022. 

Read the submission documents for the East Langton Neighbourhood Plan Review including the statement of modificaitons by the Qualifying Body:

• The East Langton Review submission plan
• The East Langton NDP consultation statement
• The East Langton Basic Conditions Statement
• The East Langton Review Regulation 14 Consultation responses
• The East Langton Statement of Modifications by the Qualifying Body

The evidence base can be found on the East :Langton PC website here

The Council considered the changes and agreed they were material modificaitons that did change the nature of the Plan and required an Examination and Referendum

• Read the Council LPA Statement of Modifications 

Regulation 16 Consultation

• Read the Regulation 16 consultation responses receieved between 19 January and 2 March 2022

Harborough District Council apppointed a suitably qualified Examiner, Ms Barbara Maksymiw to carry out an examination into the East Langton Neighbourhood Plan. Please note that all representations received during the consultation period were forwarded to the appointed Examiner and made publicly available.  

The Independant Examiner was appointed and in considering the East Langton Neighbourhood Plan review the Examiner is  obliged to consider whether the amendments to the East Langton 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 does not test the soundness of the plan or looking at other material considerations but checking that the plan:  

• Has regard to national policy and advice contained in guidance issued by the Secretary of State;
• Contributes to the achievement of sustainable development;
• Is in general conformity with the Local Plan;
• Does not breach, and is otherwise compatible with, EU and human rights obligations;
• Meets prescribed conditions and complies with prescribed matters;
• Meets the legal requirements;   

Examination

The Examiner has forwarded a number of questions to clarify elements of the Neighbourhood Plan. For transparency these documents are provided below.

• Read the Question and response from the Qualifying Body
• Read the Heads of terms evidence provided by the Qualifying Body

Examiners Report

The examiner recommends that the East Langton Review Plan proceeds to referendum with recommended modificaitons and the referednum area should be the Neighbourhood Plan Area designated on 9 October 2013

• Read the Examiners report received on 30 June 2022

Strategic Environmental Assessment

A screening report was undertaken for the East Langton Neighbourhood Plan review in March 2021 and December 2021 to assess the requirement for a Strategic Environmental Assessment. The Council considered a full SEA was not required. 

The statutory consultees were consulted in Jan 2022 and confirmed that a full SEA was not required. The Council issued its determination in Feb 2022

• Read the screening reports March 2021 and Dec 2021
• Read the determination of the Council Feb 2022

East Langton Parish Council, as the relevant body, applied for the designation of the East Langton Neighbourhood Area. The application was publicised for a six week period ending on 4 October 2013 and was approved by the Portfolio Holder for Planning Services on 9 October 2013. View a map identifying the Neighbourhood Area (JPG, 1.67MB).