Duddington with Fineshade Parish Neighbourhood Plan - Referendum 5 September 2024
Neighbourhood plan referendum
The council, through its powers of delegation, has accepted the Examiner’s recommendations and agreed that the Duddington with Fineshade Neighbourhood Plan should proceed to Referendum.
Residents in Duddington with Fineshade will be asked to vote on their neighbourhood plan.
The referendum will take place on Thursday 5 September 2024 for residents to decide on the question:
Do you want North Northamptonshire Council to use the neighbourhood plan for Duddington with Fineshade to help it decide planning applications in the neighbourhood area?
If approved by residents the plan will be taken to North Northamptonshire’s Council to be ‘Made’ – it will then become an adopted document and form part of the planning policy considerations for the parish of Duddington with Fineshade, helping to shape future planning applications for the area.
Paper copies of the information are made available at the council offices in Thrapston and at Oundle library.
A referendum relating to the adoption of the Duddington with Fineshade Neighbourhood Plan will be held.
The referendum will take place on 5 September 2024.
The question which will be asked in the Referendum is:
Do you want North Northamptonshire Council to use the neighbourhood plan for Duddington with Fineshade to help it decide planning applications in the neighbourhood area?
The referendum area is identified in a map which is included below on this information statement.
The Referendum area is identical to the area which has been designated as the Duddington with Fineshade Parish area.
A person is entitled to vote in the Referendum if on 5 September 2024:
- He or she is entitled to vote in an election of any Councillor of North Northamptonshire Council whose area is in the Referendum area; and
- His or her qualifying address for the election is in the Referendum area. A person’s qualifying address is, in relation to a person registered in the register of electors, the address in respect of which he or she is entitled to be so registered.
The last date to register in time to vote at the referendum is 19 August 2024.
The Referendum expenses limit that will apply in relation to the Referendum is £2371.08. The number of persons entitled to vote in the Referendum by reference to which that limit has been calculated is 154.
The Referendum will be conducted in accordance with procedures which are similar to those used at local government elections.
A copy of the specified documents, that is those documents listed below, may be inspected at Oundle Library, Glapthorn Road, PE8 4JA and the East Northants area office of North Northants Council ,Cedar Drive, Thrapston, Kettering NN14 4LZ.
In addition, the specified documents listed below can be found on the North Northamptonshire Council Neighbourhood Planning web page.
The specified documents are:
- the draft Duddington with Fineshade Neighbourhood Plan
- the report of the independent examiner into the Neighbourhood Plan
- a summary of the representations submitted to the independent examiner
- a statement of the Local Planning Authority's satisfaction that the draft Neighbourhood Plan meets the basic conditions specified by statute and complies with the provision made by or under Section 38A and 38B of the Planning and Compulsory Purchase Act 2004
- a statement that sets out general information as to town and country planning including neighbourhood planning and the referendum
Map of The Neighbourhood Plan Area for Duddington with Fineshade
Andrew Ashcroft
Independent Examiner
BA (Hons) MA, DMS, MRTPI
Director – Andrew Ashcroft Planning Limited
Executive Summary
- I was appointed by North Northamptonshire Council in November 2023 to carry out the independent examination of the Duddington with Fineshade Neighbourhood Plan.
- The examination was undertaken by way of written representations. I visited the neighbourhood area on 30 November 2023.
- The Plan includes a variety of policies and seeks to bring forward positive and sustainable development in the neighbourhood area. It proposes the designation of three local green spaces and the allocation of a housing site in Duddington.
- The Plan has been underpinned by community support and engagement. All sections of the community have been engaged in its preparation.
- Subject to a series of recommended modifications set out in this report, I have concluded that the Plan meets all the necessary legal requirements and should proceed to referendum.
- I recommend that the referendum should be held within the neighbourhood area.
Andrew Ashcroft
Independent Examiner
19 February 2024
1.0 Introduction
1.1 This report sets out the findings of the independent examination of the Duddington with Fineshade Neighbourhood Development Plan 2011-2031 (‘the Plan’).
1.2 The Plan was submitted to North Northamptonshire Council (NNC) by Duddington with Fineshade Parish Council (DwFPC) in its capacity as the qualifying body responsible for preparing the neighbourhood plan.
1.3 Neighbourhood plans were introduced into the planning process by the Localism Act 2011. They allow local communities to take responsibility for guiding development in their area. This approach was subsequently embedded in the National Planning Policy Framework (NPPF) in 2012, 2018, 2019, 2021 and 2023. The NPPF continues to be the principal element of national planning policy.
1.4 The role of an independent examiner is clearly defined in the legislation. I have been appointed to examine whether the submitted Plan meets the basic conditions and Convention Rights and other statutory requirements. It is not within my remit to examine or to propose an alternative plan, or a potentially more sustainable plan except where this arises because of my recommended modifications to ensure that the plan meets the basic conditions and the other relevant requirements.
1.5 A neighbourhood plan can be narrow or broad in scope and can include whatever range of policies it sees as appropriate to its designated neighbourhood area. The submitted Plan has been designed to be distinctive in general terms, and to be complementary to the existing development plan. It has a focus on safeguarding the natural and historic features in the parish, designating local green spaces, and allocating a site in Duddington for residential use.
1.6 Within the context set out above, this report assesses whether the Plan is legally compliant and meets the basic conditions that apply to neighbourhood plans. It also considers the content of the Plan and, where necessary, recommends changes to its policies and supporting text.
1.7 This report also provides a recommendation as to whether the Plan should proceed to referendum. If this is the case and that referendum results in a positive outcome the Plan would then be used to determine planning applications within the neighbourhood area and will sit as part of the wider development plan.
2.0 The role of the independent examiner
2.1 The examiner’s role is to ensure that any submitted neighbourhood plan meets the relevant legislative and procedural requirements.
2.2 I was appointed by NNC, with the consent of DwFPC, to conduct the examination of the Plan and to prepare this report. I am independent of both NNC and DwFPC. I do not have any interest in any land that may be affected by the Plan.
2.3 I possess the appropriate qualifications and experience to undertake this role. I am a Director of Andrew Ashcroft Planning Limited. In previous roles, I have 40 years’ experience in various local authorities at either Head of Planning or Service Director level and more recently as an independent examiner. I am a chartered town planner and have significant experience of undertaking neighbourhood plan examinations and health checks. I am a member of the Royal Town Planning Institute and the Neighbourhood Planning Independent Examiner Referral System.
Examination Outcomes
2.4 In my role as the independent examiner of the Plan I am required to recommend one of the following outcomes of the examination:
(a) that the Plan as submitted should proceed to a referendum; or
(b) that the Plan should proceed to referendum as modified (based on my recommendations); or
(c) that the Plan does not proceed to referendum on the basis that it does not meet the necessary legal requirements.
2.5 The outcome of the examination is set out in Section 8 of this report.
Other examination matters
2.6 In examining the Plan, I am required to check whether:
- the policies relate to the development and use of land for a designated neighbourhood plan area; and
- the Plan meets the requirements of Section 38B of the Planning and Compulsory Purchase Act 2004 (the Plan must specify the period to which it has effect, must not include provision about development that is excluded development, and must not relate to more than one neighbourhood area); and
- the Plan has been prepared for an area that has been designated under Section 61G of the Localism Act and has been developed and submitted for examination by a qualifying body.
2.7 I have addressed the matters identified in paragraph 2.6 of this report and am satisfied that they have been met.
3.0 Procedural matters
3.1 In undertaking this examination I have considered the following documents:
- the submitted Plan
- the appendices of the Plan
- the Basic Conditions Statement
- the Consultation Statement
- the SEA Screening report
- the HRA Screening report
- the representations made to the Plan
- DwFPC’s responses to the clarification note
- the adopted North Northamptonshire Joint Core Strategy 2011-2031
- the adopted East Northamptonshire Local Plan Part Two (adopted in December 2023)
- the National Planning Policy Framework (December 2023)
- Planning Practice Guidance
- relevant Ministerial Statements
3.2 I visited the neighbourhood area on 30 November 2023. The visit is summarised in Section 5 of this report. I looked at its overall character and appearance and at those areas affected by policies in the Plan in particular.
3.3 It is a general rule that neighbourhood plan examinations should be held by written representations only. Having considered all the information before me, including the representations, I concluded that the Plan could be examined by way of written representations and that a hearing was not required.
3.4 The NPPF has been updated twice since the Plan was submitted (in September and December 2023). The East Northamptonshire Local Plan Part Two was also adopted in December. For clarity, I have assessed the Plan against the December 2023 version of the NPPF and against the newly- adopted Local Plan.
4.0 Consultation
Consultation process
4.1 Policies in made neighbourhood plans become the basis for local planning and development control decisions. As such, the regulations require neighbourhood plans to be supported and underpinned by public consultation.
4.2 In accordance with the Neighbourhood Planning (General) Regulations 2012 (as amended) DwFPC has prepared a Consultation Statement. It is proportionate to the neighbourhood area and its policies.
4.3 The Statement records the various activities that were held to engage the local community and the feedback from each event. It also provides specific details on the consultation processes that took place on the pre-submission version of the Plan. The Statement helpfully highlights the following key elements of engagement as follows:
- the publication of articles in the Duddington Digest
- the notices in the village and on the website
- the use of flyers to every household; and
- the Open Day held at Duddington Village Hall
4.4 The Statement sets out details of the engagement with specific organisations. The range of organisations involved was both comprehensive and diverse.
4.5 Appendix A sets out the comments on the pre-submission Plan and how DwFPC responded to those comments. This helps to describe the evolution of the Plan.
4.6 Consultation has been an important element of the Plan’s production. Advice on the neighbourhood planning process has been made available to the community in a positive and direct way by those responsible for the Plan’s preparation. From all the evidence provided to me as part of the examination, I can see that the Plan has promoted an inclusive approach to seeking the opinions of all concerned throughout the process. NNC has carried out its own assessment that the consultation process has complied with the requirements of the Regulations.
Consultation responses
4.7 Consultation on the submitted plan was undertaken by NNC. This exercise generated representations from the following organisations:
- The Duddington Estate
- Historic England
- Ministry of Defence
- National Gas
- National Grid
- Natural England
- Environment Agency
4.8 I have taken account of all the representations in preparing this report. Where it is appropriate to do so, I refer to specific representations on a policy-by- policy basis. Duddington with Fineshade Neighbourhood Development Plan – Examiner’s Report 7
5.0 The Neighbourhood Area and the Development Plan Context
The Neighbourhood Area
5.1 The neighbourhood area is the parish of Duddington with Fineshade. Its population in 2011 was 281 persons living in 127 households. It is located astride the A43 in North Northamptonshire. It was designated as a neighbourhood area on 23 August 2016 by the former East Northamptonshire District Council.
5.2 Duddington is the principal settlement in the parish. It is an attractive village based around High Street and Stamford Road and Mill Street. Most of the village is a designated conservation area. It is dominated by traditional buildings constructed in local stone and roofing materials.
5.3 The remainder of the neighbourhood area is attractive countryside. It includes parts of Fineshade Woods and Wakerley Woods and the Forestry Commission buildings and the visitor’s car park at Fineshade. In the round, it is an interesting and diverse parish within which the prepare a neighbourhood plan.
Development Plan Context
5.4 The development plan for the area is the North Northamptonshire Joint Core Strategy 2011-2031 and the East Northamptonshire Local Plan Part 2.
5.5 The submitted Plan has sought to provide local value to several of the strategic policies in the Core Strategy. In general terms Policy 11 (Network of Urban and Rural Areas) identifies the type of development which will be appropriate in villages and in the countryside. In addition, the following policies have influenced the preparation of the submitted Plan:
- Policy 2 Historic Environment
- Policy 5 Water and Flood Risk Management
- Policy 7 Community Services and Facilities
- Policy 10 Provision of Infrastructure
- Policy 22 Delivering Economic Prosperity
- Policy 25 Rural Economic Development and Diversification
5.6 The East Northamptonshire Local Plan Part 2 was adopted in December 2023. It covers the whole of the former district of East Northamptonshire. It provides additional district and sub-district level policy detail to support the overarching spatial strategy for North Northamptonshire set out in the Joint Core Strategy (Local Plan Part 1). Both Duddington and Fineshade are identified as small freestanding (other) villages. Amongst other things, Policy EN1 of LPP2 comments that ‘(to) help maintain and strengthen local services, infill development opportunities within the existing built-up areas as defined through Policy EN2 and the supporting text, or a made Neighbourhood Plan, will be supported. ‘Rural exceptions’ affordable housing schemes (Policy EN3) or other small-scale employment and community-based proposals will also be supported Further development beyond the extent of the built-up area will be resisted, unless allocated through a Neighbourhood Plan.’ Other relevant policies in the Plan include:
- Policy EN2 Development Principles
- Policy EN12 Designated Heritage Assets
- Policy EN13 Non-Designated Heritage Assets
- Policy EN14 Tourism, cultural developments, and tourist accommodation
5.7 The submitted Plan has been prepared within this development plan context. In doing so, it has relied on up-to-date information and research that has underpinned existing planning policy documents. This is good practice and reflects key elements in Planning Practice Guidance on this matter. The submitted Plan seeks to add value to the different components of the development plan and to give a local dimension to the delivery of its policies. This is captured in the Basic Conditions Statement.
5.8 NNC is currently preparing a Strategic Plan for the period up to 2041. Once adopted it will replace the existing development plan. It is at its early stages of preparation and as such has not directly affected the submitted Plan.
Visit to the neighbourhood area
5.9 I visited the neighbourhood area on 30 November 2023. I approached from Corby on the A43 to the south. This helped me to understand the village’s position in the wider landscape and its accessibility to the strategic road network.
5.10 I looked initially at Fineshade Wood. I saw the significance of the Forestry Commission offices and the car parking area. I looked carefully at the proposed local green spaces in this part of the neighbourhood area.
5.11 I then drove to Duddington. I took the opportunity to look at the overall character of the village. I saw the significance of the conservation area and extensive use of vernacular materials. The overall impression was that the village was very tranquil and reflected the way in which the A43 had removed the former through traffic from the High Street. I also saw the wider relationship between the village and the River Welland.
5.12 I looked carefully at the proposed housing allocation off Mill Street.
5.13 I then looked carefully at the proposed local green space to the north of Mill Street from Mill Street, Stamford Road, and Highfield.
5.14 I left the neighbourhood area on the A47 towards Leicester. As with the initial part of the visit, this helped me to understand the village’s position in the wider landscape and its accessibility to the strategic road network.
6.0 The Neighbourhood Plan and the basic conditions
6.1 This section of the report deals with the submitted neighbourhood plan as a whole and the extent to which it meets the basic conditions. The submitted Basic Conditions Statement has helped in the preparation of this section of the report. It is an informative and well-presented document.
6.2 As part of this process, I must consider whether the submitted Plan meets the basic conditions as set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990. To comply with the basic conditions, the Plan must:
- have regard to national policies and advice contained in guidance issued by the Secretary of State
- contribute to the achievement of sustainable development
- be in general conformity with the strategic policies of the development plan in the area
- be compatible with European Union (EU) obligations and European Convention on Human Rights (ECHR); and
- not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017
I assess the Plan against the basic conditions under the following headings:
- National Planning Policies and Guidance
6.3 For the purposes of this examination the key elements of national policy relating to planning matters are set out in the National Planning Policy Framework 2023 (NPPF).
6.4 The NPPF sets out a range of land-use planning principles to underpin both plan-making and decision-taking. The following are of specific relevance to the Duddington with Fineshade Neighbourhood Development Plan:
- a plan-led system - in this case the relationship between the neighbourhood plan and the North Northamptonshire Joint Core Strategy 2011-2031 and the East Northamptonshire Local Plan Part 2
- building a strong, competitive economy
- recognising the intrinsic character and beauty of the countryside and supporting thriving local communities
- taking account of the different roles and characters of different areas
- highlighting the importance of high-quality design and good standards of amenity for all future occupants of land and buildings; and
- conserving heritage assets in a manner appropriate to their significance
6.5 Neighbourhood plans sit within this wider context both generally, and within the more specific presumption in favour of sustainable development. Paragraph 13 of the NPPF indicates that neighbourhoods should both develop plans that support the strategic needs set out in local plans and plan positively to support local development that is outside the strategic elements of the development plan.
6.6 In addition to the NPPF, I have also taken account of other elements of national planning policy including Planning Practice Guidance and ministerial statements.
6.7 Having considered all the evidence and representations available as part of the examination, I am satisfied that the submitted Plan has had regard to national planning policies and guidance subject to the recommended modifications in this report. It sets out a positive vision for the future of the neighbourhood area. It includes a series of policies that address a range of development and environmental matters. It has a focus on safeguarding its natural and historic features, allocating a site for residential use, and designating local green spaces.
6.8 At a more practical level, the NPPF indicates that plans should provide a clear framework within which decisions on planning applications can be made and that they should give a clear indication of how a decision-maker should react to a development proposal (paragraph 16d). This was reinforced with the publication of Planning Practice Guidance. Paragraph ID:41-041-20140306 indicates that policies in neighbourhood plans should be drafted with sufficient clarity so that a decision-maker can apply them consistently and with confidence when determining planning applications. Policies should also be concise, precise, and supported by appropriate evidence.
6.9 As submitted the Plan does not fully accord with this range of practical issues. Most of my recommended modifications in Section 7 relate to matters of clarity and precision. They are designed to ensure that the Plan fully accords with national policy.
Contributing to sustainable development
6.10 There are clear overlaps between national policy and the contribution that the submitted Plan makes to achieving sustainable development. Sustainable development has three principal dimensions – economic, social, and environmental. I am satisfied that the submitted Plan has set out to achieve sustainable development in the neighbourhood area. In the economic dimension, the Plan includes a proposed housing allocation (Policy HBE2) and a policy on economic development (Policy S2). In the social role, it includes policies on community facilities (Policy S1) and on housing mix (Policy HBE3). In the environmental dimension, the Plan positively seeks to protect its natural, built, and historic environment. It includes policies on local green spaces (Policy ENV1), biodiversity (Policy ENV5), and Important Views (Policy ENV10). This assessment overlaps with the details on this matter in the submitted Basic Conditions Statement.
General conformity with the strategic policies in the development plan
6.11 I have already commented in detail on the local development plan context in paragraphs 5.4 to 5.8 of this report.
6.12 I consider that the submitted Plan delivers a local dimension to this strategic context and supplements the detail already included in the adopted development plan for the former East Northamptonshire part of North Northamptonshire. Subject to the recommended modifications in this report, I am satisfied that the submitted Plan is in general conformity with the strategic policies in the development plan.
Strategic Environmental Assessment
6.13 The Neighbourhood Plan General Regulations 2015 require a qualifying body either to submit an environmental report prepared in accordance with the Environmental Assessment of Plans and Programmes Regulations 2004 or a statement of reasons why an environmental report is not required.
6.14 In order to comply with this requirement, the former East Northamptonshire District Council undertook a screening exercise on the need or otherwise for a Strategic Environmental Assessment (SEA) to be prepared for the Plan. It was published in May 2021 after the new unitary Council had commenced. The report is thorough and well-constructed. It concludes that it is unlikely that the Plan will have any significant effects on the environment and that a full SEA is not required.
Habitats Regulations Assessment
6.15 The former East Northamptonshire District Council also carried out a Habitats Regulations Assessment (HRA) of the Plan (April 2021). It identifies that no protected sites are located within the neighbourhood area. Nevertheless, it comments that the Upper Nene Valley Gravel Pits SPA is located approximately 16km away and the assessment considers whether the Plan would have a significant impact on this nature conservation site.
6.16 The HRA concludes that the Plan is unlikely to have significant environmental effects on protected sites. This includes consideration of any in-combination effects. As such an Appropriate Assessment for the Plan is not required.
6.17 Having reviewed the information provided to me as part of the examination, I am satisfied that a proportionate process has been undertaken in accordance with the various regulations. None of the statutory consultees have raised any concerns about either neighbourhood plan or nature conservation regulations. In the absence of any evidence to the contrary, I am entirely satisfied that the submitted Plan is compatible with this aspect of the basic conditions.
Human Rights
6.18 In a similar fashion I am satisfied that the submitted Plan has had regard to the fundamental rights and freedoms guaranteed under the European Convention on Human Rights (ECHR) and that it complies with the Human Rights Act. There is no evidence that has been submitted to me to suggest otherwise. There has been full and adequate opportunity for all interested parties to take part in the preparation of the Plan and to make their comments known. On this basis, I conclude that the submitted Plan does not breach, nor is in any way incompatible with the ECHR.
Summary
6.19 On the basis of my assessment of the Plan in this section of my report, I am satisfied that it meets the basic conditions subject to the incorporation of the recommended modifications contained in this report.
7.0 The Neighbourhood Plan policies
7.1 This section of the report comments on the policies in the Plan. It makes a series of recommended modifications to ensure that the various policies have the necessary precision to meet the basic conditions.
7.2 The recommendations focus on the policies in the Plan given that the basic conditions relate primarily to this aspect of neighbourhood plans. In some cases, I have also recommended changes to the associated supporting text.
7.3 I am satisfied that the content and the form of the Plan is fit for purpose. It is distinctive and proportionate to the Plan area. The wider community and DwFPC have spent time and energy in identifying the issues and objectives that they wish to be included in their Plan. This sits at the heart of the localism agenda.
7.4 The Plan has been designed to reflect Planning Practice Guidance (Section 41-004-20190509) which indicates that neighbourhood plans must address the development and use of land.
7.5 I have addressed the policies in the order that they appear in the submitted Plan.
7.6 For clarity, this section of the report comments on all policies
7.7 Where modifications are recommended to policies they are highlighted in bold print. Any associated or free-standing changes to the text of the Plan are set out in italic print.
The initial parts of the Plan (Sections 1 to 3)
7.8 The Plan is well-organised and presented. It makes an appropriate distinction between the policies and the supporting text.
7.9 The initial elements of the Plan set the scene for the policies. They are proportionate to the neighbourhood area and the subsequent policies. Section 1 comments about the way in which the Plan was prepared and when the neighbourhood area was designated. It properly identifies the neighbourhood area (Figure 1). The Plan period is defined in the Foreword. It also introduces the concept of sustainable development and describes the objectives of the Plan.
7.10 Section 2 comments about the local context and the history of the parish.
7.11 Section 3 comments about the consultation processes which have underpinned the production of the Plan. It overlaps with the Consultation Statement.
7.12 Section 4 sets out the vision for the Plan and how it will be achieved. It makes a strong functional relationship between the various issues. The Vision neatly summarises the approach taken as follows:
Our vision is to ensure that by 2031 Duddington and Fineshade will be thriving, vibrant rural communities, both with a strong sense of place and individuality. The neighbourhood will have evolved to meet the social needs of the 21st century, whilst retaining a strong sense of history, grounded in the tranquillity of the rural surroundings, in particular the large woodland areas and river landscapes.
7.13 The remainder of this section of the report addresses each policy in turn in the context set out in paragraphs 7.5 to 7.7 of this report.
Policy HBE1: Settlement Boundary
7.14 This policy establishes a Settlement Boundary for Duddington as the focus for new development on the parish. It will ensure that new development is located within the village. It will also ensure that the surrounding countryside is protected.
7.15 I am satisfied that the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Policy HBE2: Residential Site Allocations
7.16 The context to this policy is that whilst there is no specific housing target for the Parish, the Plan has undertaken a comprehensive assessment of potential residential development sites in a positive approach to securing sustainable development and to help meet local need. The process undertaken is detailed in Appendix 5. The policy allocates land at the redundant building yard off Mill Street for residential development (approximately six homes) subject to a series of criteria.
7.17 In general terms, I am satisfied that the policy takes an appropriate approach. It will boost the supply of housing land in the parish and makes good use of a brownfield site. I am also satisfied that the site is developable. DwFPC’s response to the clarification note commented that the criteria on the mix and size of houses had been agreed with the owner of the site.
7.18 However, within this overall context, I recommend that the criteria in the policy are modified to bring the clarity required by the NPPF and to allow NNC to be able to apply them consistently throughout the Plan period. I recommend that the first criterion is deleted as it overlaps with the second criterion. I also recommend that criteria c and f are combined. I also recommend that the policy title is modified so that it better reflects the contents of the Plan.
7.19 Otherwise, the policy meets the basic conditions. It will contribute to the delivery of each of the three dimensions of sustainable development.
Delete criterion a
Replace criterion c with 'The design and elevational treatment of the new houses should be of a high quality so as not to undermine their setting and should be sensitive to the character of the area and the nearby heritage assets. In addition, the development should be designed and arranged to safeguard the amenity of neighbouring dwellings.'
Delete criterion f
In the policy title replace ‘Allocations’ with ‘Allocation’.
Policy HBE3: Housing Mix
7.20 The policy comments that new housing development proposals should demonstrate how they will meet the current and future housing needs of the parish as evidenced in the Parish Housing Needs Survey Report 2018 (Appendix 4) or any more recent document updating this report. It also advises that priority should be given to dwellings of 2 and 3 bedrooms and to homes suitable for older people, including bungalows and dwellings suitable for those with restricted mobility.
7.21 The policy takes a positive approach to this matter and is based on local evidence. In addition, it takes a non-prescriptive approach to the overall housing mix and allows an element of four bed houses where their number is subservient to the number of smaller homes.
7.22 In this overall context, I am satisfied that the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Policy HBE4: Windfall Sites
7.23 The policy supports the development of windfall sites in the Duddington Settlement Boundary where they comply with a series of distinctive criteria.
7.24 The policy takes a positive approach to this matter. It complements the more general approach taken in Policy HBE1. However, in this context I recommend that criterion a is incorporated into the initial part of the policy. I also recommend that criterion e is modified so that it uses language better suited to national legislation on conservation areas.
7.25 Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Replace the opening element of the policy with 'Development proposals for infill and redevelopment sites within the Settlement Boundary for Duddington will be supported where:'
Delete a)
Replace e) with 'The development preserves or enhances the character or appearance of the Conservation Area'.
Policy HBE5: Housing Design
7.26 The Plan advises that the context to this important policy is that the Parish has a long and interesting history, resulting in a wide array of heritage assets, attractive landscapes, and a distinctive local character. The policy also comments that the biggest challenge facing the future of the parish is to balance the desire to protect the character of each village with the need for them to grow and evolve in a sensitive and proportionate manner to sustain the community and its facilities. The policy approach seeks to reflect the design principles which the community believes will help to achieve this aim.
7.27 The policy is underpinned by the excellent Village Design Statement.
7.28 The policy has three related elements as follows:
- new development should reflect the guidance in the current Duddington with Fineshade Village Design Statement
- development proposals including one or more houses, replacement dwellings and extensions should respect local character, having regard to scale, density, massing, height, landscape, layout, materials, and access; and
- provision should be made in the design and construction of new development to protect and enhance biodiversity
7.29 In the round the policy takes a very positive stance on these matters. In the round it is an excellent local response to Section 12 of the NPPF.
7.30 In this overall context I recommend that the opening element of the third part of the policy is modified so that it can be applied on a proportionate basis. Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Replace the opening element of the third part of the policy with 'As appropriate to their scale, nature and location, the design and construction of new development should protect and enhance biodiversity, including:'
Policy ENV1: Protection of Local Green Space
7.31 This policy proposes the designation of three local green spaces (LGSs) in accordance with paragraphs 105 to107 of the NPPF. The proposed designations are underpinned by the information in Appendix 8.
7.32 The Plan advises that of the 129 inventoried parcels of open or undeveloped land in the parish, 50 were identified as having environmental (natural, historical and cultural and community) features. Each of the 50 sites were scored, using the seven criteria for Local Green Space designation noted in the National Planning Policy Framework 2021 (the version which was in place at the time at which that task was undertaken).
7.33 I looked carefully at the three LGS during the visit. I comment on the proposed LGSs in two sections. The first concentrates on the site which has generated a representation on its proposed designation. The second comments on the other two proposals.
Stock’s Hill, Duddington (LGS007)
7.34 The Duddington Estate objects to the proposed designation of the LGS. At the heart of its extensive commentary is that:
Appendix 8, states that the land in question includes ‘old orchard with veteran trees; Bats foraging & potential roosts and bat records; and view towards Fineshade’. However, this document lacks any information regarding the use of the land which is private agricultural land over which there are no Public Rights of Way. It is also unclear how the land provides views towards Fineshade which is located south west of the village of Duddington. Due to Stock’s Hill being located in the north eastern area of the village any views towards Fineshade would be obscured and interrupted by the primary built up area of Duddington. The Local Green Space designation at Stock’s Hill is not in accordance with Paragraphs 101 and 102 of the NPPF which regard the designation of Local Green Spaces through local and neighbourhood plans. The emphasis within both paragraphs is that Local Green Spaces should be demonstrably special to the local community.
7.35 At the heart of DwFPC’s extensive response this representation in its answers to the clarification note is that:
There has been no community objection raised to the inclusion of Stock’s Hill as a LGS. Indeed, as part of stakeholder consultation, (the agents acting for the Duddington Estate) were invited to the initial open day held in the Village Hall and have also been included in all communications concerning the allocation of Local Green Spaces. No comments had been received from them until this final stage. To demonstrate how important Stocks Hill is to the community of Duddington a survey was carried out and as a result, over 40 letters of feedback were received from residents concerning the value of the site to them.
7.36 I have considered this matter very carefully and looked at the proposed LGS from different angles and locations within the village.
7.37 I am satisfied that the proposed LGS is in reasonably close proximity to the community it serves (NPPF106a). It is located within the heart of the village. I am also satisfied that it is local and character and is not an extensive tract of land (NPPF 106c). 0.78 ha is comfortably local in character.
7.38 I have considered in detail the extent to which the proposed LGS is demonstrably special to the local community and holds a particular local significance (NPPF106b). On the balance of the evidence and based on my own observations, I am satisfied that it meets this test. It provides an open area in the heart of the village. It also provides an open setting to the various historic assets in the immediate locality.
7.39 I note the comments in the representation about the lack of public access into the site and that it is used for agricultural purposes. However, neither of these matters prevent a proposed LGS from being demonstrably special to the local community (Planning Practice Guidance 37-013-20140306 and 37-019-20140306 respectively). I have also noted the comments made about the scoring system used for LGS designation. I have applied my own judgements to the various proposed designations. Whilst the Plan’s use of a scoring system is helpful it neither relates to nor conflicts with national guidance on this matter. Inevitably the designation of LGSs requires a degree of judgement by both the qualifying body and the appointed independent examiner.
7.40 In addition, I am satisfied that its proposed designation would accord with the more general elements of paragraph 105 of the NPPF. Firstly, I am satisfied that its designation is consistent with the local planning of sustainable development. It does not otherwise prevent sustainable development coming forward in the neighbourhood area and no such development has been promoted or suggested. Secondly, I am satisfied that LGS is capable of enduring beyond the end of the Plan period. It is an established element of the local environment and have existed in their current format for many years. Duddington with Fineshade Neighbourhood Development Plan – Examiner’s Report 20 In addition, no evidence was brought forward during the examination that would suggest that the proposed LGSs would not endure beyond the end of the Plan period.
The other proposed LGSs
7.41 On the basis of all the information available to me, including my own observations, I am satisfied that the other proposed LGSs comfortably comply with the three tests in paragraph 106 of the NPPF.
7.42 In addition, I am satisfied that their proposed designation would accord with the more general elements of paragraph 105 of the NPPF. Firstly, I am satisfied that the designations are consistent with the local planning of sustainable development. They do not otherwise prevent sustainable development coming forward in the neighbourhood area and no such development has been promoted or suggested. Secondly, I am satisfied that the LGSs are capable of enduring beyond the end of the Plan period. They are an established element of the local environment and have existed in their current format for many years. In addition, no evidence was brought forward during the examination that would suggest that the proposed LGSs would not endure beyond the end of the Plan period.
The policy itself
7.43 The policy follows the matter-of-fact approach in paragraph 107 of the NPPF. As such I am satisfied that it meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Policy ENV 2: Protection of sites of Environmental Significance
7.44 This policy identifies a series of sites of environmental significance. Its approach requires that development proposals, or changes of use requiring planning permission, should demonstrate that the development’s local value outweighs the environmental significance of the site or feature.
7.45 This policy addresses sites of importance both for their historical and their natural significance. They are shown on Figure 8.1 and Figure 8.2.
7.46 The policy has regard to the approach taken in the NPPF (Sections 15 and 16). It is non-prescriptive to the extent that it requires that development proposals should demonstrate that the development’s local value outweighs the environmental significance of the site or feature.
7.47 In general terms I am satisfied that the policy meets the basic conditions. It seeks to take an approach which reflects the relationship between the Duddington with Fineshade Neighbourhood Development Plan – Examiner’s Report 21 importance of the site concerned and the development proposed. This is particularly important given the very significant range of sites of significance identified in the two figures. However, the wording in the second part of the policy is rather clumsy. I recommend a modification to being the clarity required by the NPPF.
7.48 Otherwise the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Replace the second part of the policy with 'Development proposals which would affect an identified site of environmental significance should demonstrate that their local economic or societal value outweighs the environmental significance of the site or feature.'
Policy ENV 3: Important Open Spaces
7.49 This policy proposes the identification of important open spaces. It comments that development proposals affecting a series of additional open spaces will not be supported unless the local benefit of the development can be shown to outweigh the existing open space value of the proposal site.
7.50 The policy recognises the importance of the various open spaces to the character of the neighbourhood area. It complements the approach taken in Policy ENV1 (on LGSs). I recommend a specific modification to the wording of the policy to bring the clarity required by the NPPF. Otherwise, it meets the basic conditions. It will contribute to the delivery of the social and environmental dimensions of sustainable development. Replace 'significant adverse effect’ with ‘unacceptable effect'.
Policy ENV 4: Built environment: Local Heritage Assets
7.51 The Plan advises that the purpose of the policy is to identify buildings and structures that are of local significance for architectural, historical, or social reasons. The details of the buildings are set out in Appendix 10. The policy seeks to assure that the buildings and structures are afforded protection at the appropriate level as outlined in the NPPF.
7.52 The policy is commendably evidence-based. In addition, the approach in the policy has regard to the approach on non-designated assets in the NPPF (paragraph 209).
7.53 I recommend modifications to the wording used in the policy to bring the clarity required by the NPPF. Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development. Replace ‘here’ with ‘below’ and ‘possible’ with ‘practicable'.
Policy ENV 5: Biodiversity, Woodland, and Wildlife Corridors
7.54 The policy advises that development proposals will be expected to safeguard locally significant habitats and species, especially those protected by relevant national and European legislation, and, where possible, to create new habitats for wildlife.
7.55 It also draws attention to four wildlife corridors as follows:
- the Welland valley
- Railway corridor
- Fineshade to Wakerley; and
- Duddington to Fineshade
7.56 The policy takes a positive approach to this matter. I am satisfied that it has regard to Section 15 of the NPPF. I recommend modifications to the wording used in the first and second parts of the policy to bring the clarity required by the NPPF. I also recommend that the opening element of the third part of the policy is reconfigured so that it has a positive rather than a negative approach.
7.57 Otherwise the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
In the first part of the policy replace ‘will be expected to’ with ‘should’ and ‘possible’ with ‘practicable’.
Replace the second part of the policy with: ‘Development proposals that damage or result in the loss or degradation of woodland (as shown on Figure 12) will not be supported.’
Replace the opening element of the third part of the policy with: ‘Development proposals should respond positively to the habitat connectivity provided by the wildlife corridors identified on Figure 11 as follows:’
Policy ENV 6: Notable Trees
7.58 The Plan advises that the trees listed in Appendix 13 have been identified as having high arboricultural, historical, ecological and landscape value. It then comments that the trees should be protected from felling, uprooting or wilful damage, including by development proposals, unless they are independently judged by a qualified arboriculturist to present a public safety risk.
7.59 The policy supplements national and local policy on protected trees. On this basis I recommend the deletion of the unnecessary second part of the policy. Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Delete the second part of the policy.
Policy ENV 7: Rights of Way
7.60 The context to this policy is that the Community Questionnaire and Consultation Event provided evidence that residents value the existing network of footpaths, bridleways, and cycleways, particularly those through the woodland. 92% of respondents to the questionnaire listed the network of footpaths and bridleways as one of the things that they like about living in the neighbourhood.
7.61 The policy advises that development proposals that result in the loss of, or have a significant adverse effect on, the existing network of public rights of way (as shown in figure 13) will not be supported without appropriate mitigation.
7.62 I am satisfied that the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Policy ENV 8: Managing Flood Risk
7.63 The policy comments about the way in which new development proposals should address potential flood risk issues.
7.64 In general terms the policy takes a positive approach to these matters and has regard to Section 14 of the NPPF. In this context I recommend that the opening element of the first part of the policy is reconfigured so that it better expresses its proportionate approach. I also recommend a modification to the wording used in the second part of the policy and for the same reason. Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Replace the opening element of the first part of the policy with: ‘As appropriate to their scale, nature and location, development proposals should demonstrate that:’ In the second part of the policy replace ‘encouraged’ with ‘supported’.
Policy ENV 9: Protecting Dark Night Sky
7.65 The policy comments that proposals for any development including outdoor lighting will be expected to include details of such schemes as part of the submitted planning application, and will be expected to demonstrate the way in which they respond to three technical issues listed.
7.66 I saw the dark skies environment during the visit. The policy takes a positive and non-prescriptive approach to this matter. In this broader context I recommend that the opening part of the policy is modified so that it is clear and simple. In this context it will have the clarity required by the NPPF. Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Replace the opening element of the policy with: ‘Proposals for any development including outdoor lighting should include details of such schemes as part of the submitted planning application, and demonstrate that:’
Policy ENV 10: Important Views
7.67 The Plan advises that views around Duddington and Fineshade and across the parish (mapped in figure 18 and described in Appendix 14) are important to the setting and character of the settlements and the wider neighbourhood area. It also comments that they are highly valued by residents. The policy identifies five specific views and comments that development proposals must not significantly harm the following views or their viewpoints, which are at publicly accessible locations. It also advises that proposals affecting them should include individual treatment of view statements that demonstrate how the impact is to be mitigated.
7.68 In the round I am satisfied that the approach taken is appropriate. The views reflect the close relationship between Duddington and Fineshade and the surrounding countryside. In addition, the policy has a non-prescriptive format and acknowledges that any harm to the views could be mitigated.
7.69 I recommend a modification to the wording used in the policy to bring the clarity required by the NPPF. Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development. Replace ‘significantly’ with ‘unacceptably’.
Policy ENV 11: Renewable Energy
7.70 The policy addresses renewable energy schemes. It has three parts as follows:
- suitably located and designed proposals for small-scale infrastructure for renewable and low carbon energy generation (solar and wind) in areas of low and medium sensitivity (ENDC studies)
- solar energy generation in Fineshade Woods; and
- proposals for renewable energy at Ministry of Defence bases
7.71 The policy takes a positive approach to these issues and has regard to Section 14 of the NPPF. However, to bring the clarity required by the NPPF I recommend the following modifications:
- the inclusion of an additional figure in the Plan to show the medium and low sensitivity areas as referenced in the first part of the policy
- the simplification of the second part of the policy; and
- the inclusion of a specific reference to renewable energy schemes in the third part of the policy
7.72 I have taken account of the Ministry of Defence’s comments on the third part of the policy. However, I am satisfied that this part of the policy (with recommended modification set out below) properly addresses the issues raised in the representation.
7.73 Otherwise, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
In the first part of the policy replace ‘(ENDC studies)’ with ‘(as shown on Figure Insert number)’.
Replace the second and third parts of the policy with: ‘Proposals for an array of up to 5 ha for solar energy generation in the Assarts area of Fineshade Wood will be supported subject to its compliance with the criteria in the first part of this policy.
Development proposals for renewable energy generation infrastructure at Ministry of Defence sites which would not compromise, restrict, or otherwise degrade their operational capability will be supported.’
Policy S1: The Retention of Community Assets
7.74 The Plan comments that the context to this policy is that the community facilities and amenities that exist in the parish make a significant contribution Duddington with Fineshade Neighbourhood Development Plan – Examiner’s Report 26 to its vitality and sense of community. It also advises that they have a positive impact on sustainability by enhancing the quality of life for residents and providing the potential for social interaction.
7.75 The policy advises that development leading to the loss of existing community assets (Royal Oak Pub; Village Hall and Visitor Centre) will not be supported unless it can be demonstrated that three criteria are met.
7.76 I am satisfied that the policy has been carefully developed. The facilities identified are important to the well-being of the parish. In addition, the criteria take an appropriate approach to this issue. They acknowledge that circumstances may change in the Plan period and that the viability of the three facilities may alter. In this context, the policy meets the basic conditions. It will contribute to the delivery of the social and the environmental dimensions of sustainable development.
Policy S2: Employment and Business Development
7.77 The Plan advises that the context to this policy is that supporting a healthy and diverse local economy is an important theme of the overall document. It acknowledges that the parish is rural in nature and relatively remote from the major employment centres and that its residents place a high value on its rural character.
7.78 The policy comments that development proposals that result in the loss of, or have a significant adverse effect on, an existing employment use will not be supported unless it can be demonstrated that the site or building is no longer viable and suitable for employment use. It also advises that proposals for employment-related development (for new and expansion of employment uses, including homeworking) will be supported subject to a series of environmental criteria.
7.79 The policy takes a positive approach to rural employment. I am satisfied that it has regard to Section 6 of the NPPF. In this context the policy meets the basic conditions. It will contribute to the delivery of each of the three dimensions of sustainable development.
Community Actions
7.80 The Plan includes a package of community actions which have naturally arisen during the preparation of the Plan. They are weaved into the topic chapters along with the land use policies. National policy advises that Community Actions should be contained in a separate section of the Plan to distinguish them from the land use policies. I have considered the approach taken in the Plan carefully. On balance, I am satisfied that the way in which the Plan has incorporated the community actions is appropriate. I have come to this judgement for three reasons. The first is that, in most cases, the community actions consolidate the approach taken in the relevant land use policies. The second is that the community actions are shown in a different colour to the land use policies. The third is that the approach taken improves the legibility of the Plan as a whole.
7.81 I am satisfied that the Actions are distinctive to the parish. The following are particularly noteworthy:
- ENV1 Fineshade and Wakerley Woods
- ENV2 Woodland Connectivity; and
- ENV3 Permissive Footpaths and New Cycleways
Other Matters - General
7.82 This report has recommended a series of modifications both to the policies and to the supporting text in the submitted Plan. Where consequential changes to the text are required directly as a result of my recommended modification to the policy concerned, I have highlighted them in this report. However other changes to the general text may be required elsewhere in the Plan as a result of the recommended modifications to the policies. Similarly, changes may be necessary to paragraph numbers in the Plan or to accommodate other administrative matters. It will be appropriate for NNC and DwFPC to have the flexibility to make any necessary consequential changes to the general text. I recommend accordingly.
Modification of general text (where necessary) to achieve consistency with the modified policies and to accommodate any administrative and technical changes.
7.83 Since the Plan was submitted, the NPPF was updated in both September and December 2023 and the East Northamptonshire Local Plan Part 2 was adopted in December 2023. I recommend that the relevant parts of the supporting text of the Plan are updated to take account of these matters.
Modification of general text (as appropriate) to take account of the December 2023 version of the NPPF and the adoption of the East Northamptonshire Local Plan Part 2.
8.0 Summary and conclusions
Summary
8.1 The Plan sets out a range of policies to guide and direct development proposals in the period up to 2031. It is distinctive in addressing a specific set of issues that have been identified and refined by the wider community to safeguard the character and setting of the neighbourhood area, to maintain its environmental and heritage assets and to bring land forward for residential development.
8.2 Following the independent examination of the Plan, I have concluded that the Duddington with Fineshade Neighbourhood Development Plan meets the basic conditions for the preparation of a neighbourhood plan subject to a series of recommended modifications.
Conclusion
8.3 On the basis of the findings in this report, I recommend to North Northamptonshire Council that subject to the incorporation of the modifications set out in this report that the Duddington with Fineshade Neighbourhood Development Plan should proceed to referendum.
Other matters
8.4 I am required to consider whether the referendum area should be extended beyond the neighbourhood area. In my view, the neighbourhood area is entirely appropriate for this purpose and no evidence has been submitted to suggest that this is not the case. I therefore recommend that the Plan should proceed to referendum based on the neighbourhood area as approved by the former East Northamptonshire District Council on 23 August 2016.
8.5 I am grateful to everyone who has helped in any way to ensure that this examination has run in a smooth manner.
Andrew Ashcroft
Independent Examiner
19 February 2024
The following representations were received by North Northamptonshire Council as part of the pre-examination (regulation 16) consultation.
Representation reference | Submitted by | Representation summary |
---|---|---|
01 | Berrys | Objects to the Local Greenspace (LGS) designation proposed for the land at Stock’s Hill. It is unclear how the land provides views towards Fineshade. Overall, a lack of detail and clear reasoning for this proposal, unlike other LGS proposals in the Plan. The overall scoring for this site is also lower than the other proposed designations. This LGS proposal is not in accordance with paras 101 and 102 of the National Planning Policy Framework which regard the of LGS through neighbourhood plans. ie that LGS should be demonstrably special to the local community. Reference is made to the Inspector’s response to the Kettering Site Specific Local Plan Part 2, whereby the Inspector set out that a high bar that should be applied to LGS , and subsequently removed a number of proposals in that Plan. In summary it is our view that the proposed LGS designation is not considered particularly important by the local community and should be removed from the Plan. |
02 | Environment Agency | The EA response refers to its requirements in reducing flood risk, while protecting and enhancing the water environment. Based on the environmental constraints within the area the EA is satisfied that the flood risk has been covered adequately by the Plan under Policy ENV8. Further, the EA is also satisfied that matters related to land contamination and ground water protection were covered. Therefore, the EA is satisfied that the Plan meets the Basic Conditions. |
03 | Historic England | We have no further comments to make in addition to those we made at Regulation 14 stage. |
04 | Ministry of Defence | Policy ENV 11: Renewable Energy Generation Infrastructure states: Suitably located and designed proposals for small-scale infrastructure for renewable and low carbon energy generation (solar and wind) in areas of low and medium sensitivity (ENDC studies) will be supported. In order to provide a broader representation of MOD interests, and to ensure prospective developments are aware of the implications of developing within an area containing MOD safeguarded zones, it is requested that the diction of Policy ENV 11 is supplemented with a statement explaining that applications for development which would not compromise, restrict or otherwise degrade the operational capability of safeguarded MOD sites and assets will be supported. In summary, the MOD should be consulted within the Duddington and Fineshade Neighbourhood Development Plan authority area on any development within the statutory safeguarding zones that surround RAF Wittering, which consists of structures or buildings exceeding statutory safeguarding technical criteria, or any development which includes schemes that might result in the creation of attractant environments for large and flocking bird species hazardous to aviation. In addition, the MOD advise that renewable energy policy areas should be supplemented with provision that applications for development do not compromise, restrict, or otherwise degrade the operational capability of safeguarded MOD sites and assets. |
05 | National Gas | National Gas Transmission has identified that no assets are currently affected by proposed allocations within the Neighbourhood Plan area. |
06 | National Grid | NGET has identified that no assets are currently affected by proposed allocations within the Neighbourhood Plan area. |
07 | Natural England | Reference to the regeneration of Rockingham Forest is welcomed in line with current policy expectations, especially in relation to linking fragmented habitats and protecting and enhancing ancient woodland. Policy ENV5 encouraging increased habitat connectivity is supported, as is Policy ENV9 which has the potential to protect nocturnal species from human activity. Policy ENV1 has the potential to result in net biodiversity gain and is also supported, along with Policy ENV11. NE are pleased to see the protection of green spaces as well as the goal of improving pedestrian and cycling facilities. We also appreciate the assurance that woodland, fields, hedgerows, streams, and ponds will not be destroyed with the goal of allowing resident species to flourish. |
Regulation 18 of the Neighbourhood Planning (General) Regulations 2012 (as amended)
Summary
Following an independent examination, North Northamptonshire Council confirms that the Duddington with Fineshade Neighbourhood Plan (the Plan), as revised by the modifications set out in Table 1 below, complies with the Basic Conditions and legal requirements, and can therefore proceed to a Neighbourhood Planning Referendum.
This Decision Statement and Examiner’s Report will be made available on North Northamptonshire Council’s website and on Duddington with Fineshade’s Parish Council’s website. Paper copies will be deposited at North Northamptonshire Council Office in Thrapston and at Oundle library for inspection during opening hours.
Background
Under the Neighbourhood Planning (General) Regulations 2012 and the Localism Act 2011, Duddington with Fineshade Parish Council have prepared a Neighbourhood Plan for the parish of Duddington with Fineshade with the help of the local community.
The Plan area, which comprises the whole of Duddington with Fineshade parish, was designated by East Northamptonshire Council (now subsumed in North Northamptonshire Council) on 23rd August 2016.
The Plan has been subject to statutory public consultation. The second of these consultations was organised by North Northamptonshire Council inviting representations on the Plan in accordance with Regulation 16 of the Neighbourhood Planning (General) Regulations 2012 (as amended), during a six-week period closing on 3 November 2023.
Independent examination
North Northamptonshire Council appointed Andrew Ashcroft of Andrew Ashcroft Planning Limited, with the consent of Duddington with Fineshade Parish Council, to undertake the examination of the Plan and to prepare a report of the independent examination. The Examiner determined that the examination could be undertaken without the need for a public hearing.
The Examiner’s Report was issued on 19 February 2024.The Examiner concluded that, subject to recommended modifications, the Plan met all the Statutory Requirements set out in paragraph 8(1) of schedule 4B of the Town and Country Planning Act 1990 and met the Basic Conditions.
Decision and reasons
Having considered each of the recommendations made by the Examiner’s Report and the reasons for them, in consultation with the Parish Council, North Northamptonshire Council accepts the modifications proposed to the draft plan as detailed in Table 1 below. North Northamptonshire Council is satisfied that the Neighbourhood Plan, as modified, complies with legal requirements and can proceed to referendum.
The Examiner agreed with the designated Neighbourhood Plan area and recommended that there was no need for the referendum boundary to extend beyond the designated neighbourhood area. The Council agrees with this recommendation and concludes that any referendum that takes place in due course be contiguous with the boundary of the designated Plan area.
In line with the requirements of the Localism Act 2011 it is therefore proposed to hold a referendum to determine whether the Plan should be incorporated into the development plan for North Northamptonshire.
The following question will be posed at the referendum, in line with the Neighbourhood Planning (Referendum) Regulations 2012 (as amended):
Do you want North Northamptonshire Council to use the neighbourhood plan for Duddington with Fineshade to help it decide planning applications in the neighbourhood area?
The date for the referendum and further details will be published once agreed by the Council.
Signed: George Candler Executive Director for Place and Economy (Deputy Chief Executive)
Dated: 17 May 2024
Table 1
Recommended modification number | Examiners report reference | Duddington with Fineshade Neighbourhood Plan reference | Proposed modification | North Northamptonshire Council decision and reasoning |
---|---|---|---|---|
1 | Para 7.19 | Policy HBE2 Residential Site Allocation | Recommended Modification 1: Delete criterion a Replace criterion c with: ‘The design and elevational treatment of the new houses should be of a high quality so as not to undermine their setting and should be sensitive to the character of the area and the nearby heritage assets. In addition, the development should be designed and arranged to safeguard the amenity of neighbouring dwellings.’ Delete criterion f In the policy title replace ‘Allocations’ with ‘Allocation’ | Agree that criterion a essentially addresses the same issue as criterion b and should be deleted. Similarly, it is agreed that criterion c and f cover similar issues and should be combined. The re- wording of c and deletion of f is therefore supported. The amendment to the title corrects a factual inaccuracy as there is only one residential site allocation proposed. The Examiner’s proposed modification is accepted. |
2 | Para 7.25 | Policy HBE4 Windfall Sites | Recommended Modification 2: Replace the opening element of the policy with: ‘Development proposals for infill and redevelopment sites within the Settlement Boundary for Duddington will be supported where:’ Delete a) Replace e) with: ‘The development preserves or enhances the character or appearance of the Conservation Area’ | The proposed modifications add clarity to the context of the policy, and strengthen its objectives. The Examiner’s proposed alterations are therefore supported. |
3 | Para 7.30 | Policy HE5 Housing Design | Recommended Modification 3: Replace the opening element of the third part of the policy with: ‘As appropriate to their scale, nature and location, the design and construction of new development should protect and enhance biodiversity, including:’ | Agree that the Examiner’s proposed re- wording provides greater clarity. |
4 | Para 7.48 | Policy ENV2 Protection of sites of Environmental Significance | Recommended Modification 4: Replace the second part of the policy with: ‘Development proposals which would affect an identified site of environmental significance should demonstrate that their local economic or societal value outweighs the environmental significance of the site or feature.’ | Agree, the Examiner’s proposed modification provides greater clarity with regards to the policy objectives of the NPPF. |
5 | Para 7.50 | Policy ENV3 Important Open Spaces | Recommended Modification 5: Replace ‘significant adverse effect’ with ‘unacceptable effect’ | Agreed. As stated in Examiner’s Report The Council accepts Modifications in the interest of clarity. |
6 | Para 7.53 | Policy ENV 4: Built Environment: Local Heritage Assets | Recommended Modification 6: Replace ‘here’ with ‘below’ and ‘possible’ with ‘practicable’ | Agreed. Modification to the Policy so that it is “is clearly written and unambiguous as stated in Examiner’s Report is supported. |
7 | Para 7.57 | Policy ENV 5: Biodiversity, Woodland, and Wildlife Corridors | Recommended Modification 7: In the first part of the policy replace ‘will be expected to’ with ‘should’ and ‘possible’ with ‘practicable’ Replace the second part of the policy with: ‘Development proposals that damage or result in the loss or degradation of woodland (as shown on Figure 12) will not be supported.’ Replace the opening element of the third part of the policy with: ‘Development proposals should respond positively to the habitat connectivity provided by the wildlife corridors identified on Figure 11 as follows:’ | Agree with Examiner’s view that the policy should be set out in a positive stance and amended as proposed in order to meet the objectives of planning guidance that are set our through the NPPF. |
8 | Para 7.59 | Policy ENV 6: Notable Trees | Recommended Modification 8: Delete the second part of the policy | Accept the proposed modification and agree that the second part of the policy is superfluous and should be deleted. |
9 | Para 7.64 | Policy ENV 8: Managing Flood Risk | Recommended Modification 9: Replace the opening element of the first part of the policy with: ‘As appropriate to their scale, nature and location, development proposals should demonstrate that:’ In the second part of the policy replace ‘encouraged’ with ‘supported’ | Agreed – as per Examiner’s recommendation that the proposed amendments reflect better the proportionate approach. |
10 | Para 7.66 | Policy ENV9: Protecting Dark Night Sky | Recommended Modification 10: Replace the opening element of the policy with: ‘Proposals for any development including outdoor lighting should include details of such schemes as part of the submitted planning application, and demonstrate that:’ | Accept modification and agree that the changes to clarify the policy. |
11 | Para 7.69 | Policy ENV 10: Important Views | Recommended Modification 11: Replace ‘significantly’ with ‘unacceptably | Agreed that the recommended modification to the wording used in the policy brings the clarity required by the NPPF |
12 | Para 7.73 | Policy ENV 11: Renewable Energy | Recommended Modification 12: In the first part of the policy replace: ‘(ENDC studies)’ with ‘(as shown on Figure Insert number)’. Replace the second and third parts of the policy with: ‘Proposals for an array of up to 5 ha for solar energy generation in the Assarts area of Fineshade Wood will be supported subject to its compliance with the criteria in the first part of this policy. Development proposals for renewable energy generation infrastructure at Ministry of Defence sites which would not compromise, restrict, or otherwise degrade their operational capability will be supported.’ | Accept modification and agree that the proposed re- wording, which responds to the representation from the Ministry of Defence in a positive way. |
13 | Throughout the whole Plan | - | Recommended Modification 13: Modification of general text (where necessary) to achieve consistency with the modified policies and to accommodate any administrative and technical changes. | Accept the proposed modification, which will ensure both clarity and consistency within the neighbourhood plan’s text and policies. |
14 | Throughout the whole Plan | - | Recommended Modification 14: Modification of general text (as appropriate) to take account of the December 2023 version of the NPPF and the adoption of the East Northamptonshire Local Plan Part 2. | Accept the proposed modifications due to the fact that both national and local changes to policy has taken place since the neighbourhood plan was submitted, and need to be reflected in its updated text. |
This statement has been prepared to meet the requirements of Regulation 4 (3) (b) (v) of the Neighbourhood Planning (Referendum) Regulations 2012 (as amended). The purpose of the statement is to set out general information about town and country planning, including neighbourhood planning, and to provide general information about the referendum.
The Planning System
The role of the planning system is to ensure that development happens in the right place and at the right time. It identifies what type of development is needed and where and also identifies areas which need to be protected or enhanced. The planning system assesses whether proposed development is suitable.
The planning system includes plan making and managing development. Plan making involves preparing a plan or plans for an area which set out how an area will develop over time to guide future development. Managing development involves determining whether proposed development should be allowed through the granting of planning permission.
North Northamptonshire Council is responsible for making decisions on whether applications for planning permission are appropriate. The starting point for decision making is the development plan unless material considerations indicate otherwise. Material considerations include National Planning Policy and Guidance.
There are a number of planning policies which cover the Duddington with Fineshade Neighbourhood Area:
National Planning Policy and Guidance
The updated National Planning Policy Framework (NPPF) was published in December 2023.
The NPPF sets out the Government’s planning policies for England and how these are expected to be applied. The framework gives guidance to local planning authorities in drawing up development plans and on making decisions on planning applications. The NPPF includes a presumption in favour of sustainable development and sets out core planning principles to be followed which include environmental, social and economic aspects. The National Planning Practice Guidance (PPG) supports the NPPF and provides further guidance on planning issues, including neighbourhood planning.
Development Plan
The adopted Development Plan for the Duddington with Fineshade Neighbourhood Area currently includes:
- The North Northamptonshire Joint Core Strategy (Adopted July 2016)
- The Part 2 Local Plan for East Northamptonshire (Adopted December 2023)
Further information on the Development Plan is available.
Neighbourhood Planning
Neighbourhood Planning was introduced under the Localism Act 2011, which gives local communities the power to develop a Neighbourhood Plan which sets out a vision for their neighbourhood and which shapes the development and growth on their local neighbourhood area.
Neighbourhood Plans need to align with strategic needs and priorities for the wider local area. They are an opportunity for local communities to ensure that they get the right types of development for their community.
Neighbourhood Planning can be used to:
- set planning policies through a neighbourhood plan that is used in determining planning applications
- grant planning permission through Neighbourhood Development Orders and Community Right to Build Orders for specific development which complies with the order
Duddington with Fineshade Parish Council has prepared a Neighbourhood Plan. The Neighbourhood Plan sets out a vision and objectives and policies to achieve this vision.
Once a neighbourhood plan has successfully passed an examination, achieved local support through a successful referendum and has been ‘made’ by the Local Planning Authority, it will form part of the statutory development plan. The development plan is used by the local planning authority in determining planning applications.
Referendum
If more than half of those voting in the Referendum vote in favour of the Neighbourhood Plan then the local planning authority must make the neighbourhood plan.
Once made the neighbourhood plan will be part of the statutory development plan and will be used in determining decisions on planning applications.
The Referendum will be conducted in accordance with procedures which are similar to those used at local government elections.
A person is entitled to vote if on 5 September 2024:
- He or she are entitled to vote in an election of any Councillor of North Northamptonshire Council whose area is the Referendum area; and
- His or her qualifying address for the election is in the Referendum area.
The last date to register in time to vote in the referendum is 19 August 2024.
The referendum asks you to vote ‘Yes’ or ‘No’ on one specific question in relation to the Cottingham Neighbourhood Plan.
Do you want North Northamptonshire Council to use the neighbourhood plan for Duddington with Fineshade to help it decide planning applications in the neighbourhood area?
The referendum area is shown on a map attached to the Information Statement for the Duddington with Fineshade Neighbourhood Plan.
Further information is available on the elections pages.
Last updated 05 August 2024