FLEB1 - Clarification note from the examiner to Fleggburgh Parish Council
The following is a letter from the Neighbourhood Plan examiner to Fleggburgh Parish Council.
Fleggburgh Neighbourhood Plan Examination
14 December 2021
Dear Qualifying Body
Clarification Note from the Examiner to Fleggburgh Parish Council
Further to reviewing the Fleggburgh Neighbourhood Plan and supporting information, I am contacting Fleggburgh Parish Council (as Qualifying Body) in respect of the matters set out below.
Having considered the submitted information, I am not calling for a public hearing as part of the examination process. However, Neighbourhood Planning Independent Examiner Referral Service (NPIERS) Guidance 1 Paragraph 1.11.4 states that:
"The Qualifying Body will normally be given the opportunity to comment on the representations made by other parties...The opportunity for the Qualifying Body to comment on representations could be incorporated within an independent examiner's clarification note..."
Therefore, I confirm that there is an opportunity for Fleggburgh Parish Council to respond to me in respect of the representations made during Regulation 16 (the Submission stage) consultation, should it wish to do so.
In addition to the above, I would also be grateful for any assistance Fleggburgh Parish Council can provide in respect of providing brief responses to the questions set out overleaf. If in doing so there is a need to refer to evidence relating to the Fleggburgh Neighbourhood Plan, please note that this should only comprise evidence that is already publicly available.
Thank you very much for your consideration of this Clarification Note.
Nigel McGurk BSc (Hons) MCD MBA MRTPI
Independent Examiner Fleggburgh Neighbourhood Plan
NB, for information only, I note that the revised National Planning Policy Framework (the Framework) was published on 20thJuly 2021 and that this post-dated the Submission version of the Fleggburgh Neighbourhood Plan. I confirm that I will take this into account.1 NPIERS "Guidance to Service Users and Examiners."
Policy 1 - As presented, the Policy would restrict any proposal for a single dwelling to a maximum of two bedrooms. Please could you point me to information in respect of how this part of the Policy has regard to national policy and is in general conformity with the strategic policies of the development plan ?
Please can you point me to information in respect of how "a lower number" might be "justified,"who would determine this and on what basis. (As set out, this part of the Policy appears vague and open to wide interpretation).
Please can you point me to information in respect of how "a significant encroachment" will be measured, who by and on what basis. (This part of the Policy also appears vague and open to wide interpretation).
Does the last part of Policy 1 apply only to applications submitted at the same time ? If not, please can you point me to information in respect of how this part of the Policy is expected to work in practice ?
Please can you clarify what "or have a planning history indicating that they have been considered together" means in respect of decision making, and how this should be interpreted by a decision maker ?
Policy 2 - The Policy requires all development to provide electric car charging points. Please could you point me to evidence in respect of deliverability in this regard, or is it the (unstated) intention of this part of the Policy to only apply to say, new housing development ?
Policy 3 - A high proportion of planning applications are for householder development, for example residential extensions. Others might be, for example, for signage above a shop. Please can you point me to evidence of deliverability in respect of the requirement for all development to "enhance the natural environment and contribute to local wildlife habitat" as well as to achieve the other requirements of the Policy?
The Broads Authority has commented on Policy 3 - please could you respond to the comments made ?
Policy 4 - NB, I note that policies for managing development within a Local Green Space should be consistent with those for Green Belts.
Notwithstanding the above, please can you point me to any substantive information in justification of the Local Green Space policy seeking to control land not designated as Local Green Space and to information in respect of the definition of "inappropriate development" in such circumstances (in addition to the general reference in the supporting text).
Please can you point me to any evidence in respect of the deliverability of new public rights of way connecting areas of Local Green Space ?
Policy 5 - Please can you point me to substantive evidence in justification of what appears to be an onerous requirement for all development outside of the National Park to "enhance character" as opposed to say, respect or be in keeping with it ? NB, I note that, whilst the Policy requires development to enhance the "setting of the Parish," the Policies of the Neighbourhood Plan cannot apply outside the Neighbourhood Area.
Please can you point me to information in respect of what "any harm" to a view comprises ?
The Grade 1 agricultural land referred to in Figure 5 lies largely outside the Broads National Park. Please can you point me to relevant local or national policy in support of this part of the Policy.
Please could you comment on the Broads Authority's representation re: Policy 5 ?
Policy 6 - Please can you point me to information (eg, a definition or similar) in respect of how "thoroughly justified"should be interpreted by a decision maker?
Also, the requirements set out in the final sentence appear confusingly worded - is the general aim of this part of the Policy also to seek to apply the requirements of Broads Local Plan Policy DM22 to non-Broads locations within the Neighbourhood Area ?
Policy 8 - Taking the example of an extension to a house, how might such development demonstrate "safe and suitable access using sustainable transport modes"and can you point me to evidence to why such a policy requirement is necessary and deliverable in respect of all development, having regard to the Framework ?
The second part of Policy 8 appears as a general statement perhaps more suited to supporting text, as opposed to a land use planning policy requirement. Is there information you can point me to in respect of what this part of the Policy seeks to achieve ?
Policy 9 - Please can you point me to information in respect of the definition of the "integrity" of a heritage asset and how it should be interpreted by a decision maker ?
Planning application requirements are set out nationally and in respect of local requirements, by the Local Planning Authority. The Policy's heritage statement requirements appear as a subjective interpretation of what a heritage statement should comprise. Please could you point me to evidence or information in support of the heritage statement requirement in the Policy; and also in support of the Policy's interpretation of what a heritage statement should comprise ?
Policy 10 - Please can you point me to information in respect of when it would and would not be "appropriate" for the requirements of Policy 10 to apply to development ?
Policy 11- Please could you point me to information in respect of what scale, type and location of new development the requirements of the first part of the Policy should apply to ?
Also, is there information you can point me to in respect of why the statement in the second sentence is included as part of the Policy, rather than as supporting text ?
Policy 12 - Is there any information you could point me to in respect of when a "small scale local convenience store" would not be "proportionate to meet the day- day needs of the community" (part a) of the Policy appears unnecessary) ?
Please note that the above queries do not imply criticism of the Neighbourhood Plan but are simply to help my understanding of it and to help to support its examination against the basic conditions.
Given the "fluid" nature of government policy re: coronavirus, I am not setting a strict deadline for feedback, but would welcome as early a response as is practical. Thank you.