FILR1B - Examination Note
The following examination note was sent to the Borough Council, Broads Authority and Filby Parish Council by the Neighbourhood Plan examiner on 10 July 2026.
Examination Note
At this stage of the examination, I have a number of questions on the Neighbourhood Plan on which I would be grateful for a response from either the Borough Council or Parish Council, as indicated below. The questions only concern procedural issues rather than questions that relate to the content of the submitted neighbourhood plan. I will prepare a separate Clarification Note following receipt of the responses requested, consideration of the representations raised and my site visit.
1. Changes to the Neighbourhood Plan
In reaching decision on whether the revisions to the Neighbourhood Plan are so significant or substantial as to change the nature of the Neighbourhood Plan, and therefore whether an Examination and Referendum is required, I am required to consider the nature of the existing Neighbourhood Plan and the statements prepared by the Parish Council and the Borough Council.
In these circumstances, I require an assurance that the Borough Council will ensure that I have a copy of its consideration as to whether the modifications to the Neighbourhood Plan are so significant or substantial as to change the nature of the neighbourhood plan, giving reasons for these opinions.
2. Response by the Parish Council to Regulation 16 representations
The Parish Council will normally be given the opportunity to comment on the representations made by other parties at the Regulation 16 stage. The NPIER's guidance suggest comments should be made by the Parish Council within two weeks of the close of the Regulation 16 stage. However, I would be pleased to receive any response by the Parish Council to the Regulation 16 representations no later than 24th July 2026.
3. Consultation Statement
I am broadly satisfied that the community engagement process during the preparation of the neighbourhood plan has adopted an approach which has facilitated meaningful consultation and engagement with local residents and interested stakeholders in accordance with the statutory provisions. However, there are two issues to address.
First, Norfolk Wildlife Trust has stated in its response:
'We have been advised by the Senion Planning Officer that our Regulation 14 response was omitted from the Consultation Statement in error. The Qualifying Body have acknowledged this and are aware that the Consultation Statement should have included a summary of the response. We therefore reiterate our previous comments below.'
The Consultation Statement should include a summary of the main issues and concerns raised by the persons consulted; and describe how these issues and concerns have been considered and, where relevant, addressed in the proposed neighbourhood development plan as proposed to be modified.
Can the Parish Council confirm whether it received a submission from Norfolk Wildlife Trust during the Regulation 14 consultation. It would be helpful if the Parish Council could explain the circumstances and confirm whether they are satisfied that the requirements of Regulation 15 have been met.
Secondly, the Neighbourhood Plan proposes an additional Non-Designated Heritage Asset at The Old Forge. Can the Parish Council confirm that the landowner was notified specifically of the proposed designation in the Neighbourhood Plan.
4. Updated Provisions of the Levelling-up and Regeneration Act 2023
The Borough and Parish Council will be aware of the provisions of the Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (UK Statutory Instruments 2026 No. 169 (C. 16)) ('the 2023 Regulations'). This came into force on 25th March 2026, after the close of the Regulation 16 consultation. Appendix A of this Note sets out a brief summary of the new planning rules.
The 2023 Regulations makes provision for transitional arrangements in relation to plan making. However, these provisions do not extend to Neighbourhood Plan Examinations and as such I am required to conduct the Examination against these updated regulations.
I am therefore providing the Borough Council and Parish Council the opportunity to comment on these changes and its impact on the neighbourhood plan. In responding the Parish Council may wish to update its Basic Conditions Statement.
I am aware that other Examinations have completed a further short consultation with stakeholders and those who made Regulation 16 representations. I am therefore asking the Borough Council and Parish Council for their views on a further 2-week consultation specifically on the impact on the new regulations. Following receipt of their comments I will consider whether a further 2-week consultation is appropriate. However, for consistency I am likely to advise the Councils that a further, focused consultation on the new updated regulations.
5. Examination Hearing
Following the receipt of the response to any response to the Clarification Note, I will come to a view on whether a hearing is necessary as part of the examination process. In most cases I anticipate that the Neighbourhood Plan examination can proceed by written representations.
I recommend that the Borough Council publish this note on the Borough Council's website.
EDWARD COUSINS
Radcliffe Chambers11 New Square London WC2A 3QB10th July 2026
Appendix A
The provisions of the Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (UK Statutory Instruments 2026 No. 169 (C. 16)) ('the 2023 Regulations'). These provisions came into force on 25th March 2026 after the close of the Regulation 16 consultation.
The relevant parts of the 2023 Regulations that come into force relate to Section 98 of the Levelling up and Regeneration Act (LURA) (contents of a neighbourhood development plan) and section 99 (neighbourhood development plans and orders; basic conditions). These new rules amend parts of the Planning and Compulsory Purchase Act 2004 and the Town and Country Planning Act 1990.
Amongst other features, the new legal compliance requirements set out in section 98 specify details of the policies a neighbourhood plan may include, as follows: -
So far as the qualifying body considers appropriate, and having regard to the subject matter of the plan, the plan must:
(a) be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and
(b) be designed to take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area.
In addition, there is a new Basic Condition requirement as set out in Section 99 of LURA:
the making of the Neighbourhood Plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made.
It is to be noted that this replaces the former Basic Condition that the neighbourhood plan be in general conformity with the strategic policies contained in the development plan for the area.
Additionally, the provisions add an additional Basic Condition related to the provision of an environmental outcomes' reports. However, the framework for this assessment is yet to be put in place, and therefore compliance with this Basic Condition cannot be assessed.
The 2023 Regulations makes provision for transitional arrangements in relation to plan making. However, these provisions do not extend to Neighbourhood Plan Examinations and as such I am required to conduct the Examination against these updated regulations.
