Appendix 1 St Ives Neighbourhood Development Plan Legal Compliance Check Stage Description Relevant legislation and regulations Actions Compliant Definition of a neighbourhood area An area that is designated by the LPA as a neighbourhood area when a parish council applies 1990Act 61G (1) (2) Information on receipt of area application for a NDP The information that should be submitted to the LPA is: 1. A map identifying the area 2. Statement explaining why it is considered an appropriate neighbourhood area 3. Statement that the organisation making the application is a relevant body. If the application does not contain this information it should be returned. Regulation 5 1990 Act 61G (2) b. St Ives Town council sent an application for area designation on 26 June 2013, with a map of the parish, stating that the whole parish was considered to be an appropriate area and that they, as Town Council, were the qualifying body. Yes Publicising the application for the area NDP The LPA should, as soon as possible after receipt of the application for area designation, publicise* the application on its website and in such other manner as they consider is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the applications relates and invite representations for a period of not less than 6 weeks. The information to be publicised is: 1. a copy of the area application 2. details of how to make representations 3. details of the deadline for representations, not less than 6 after the date of publication. Regulation 6 Application publicised on CC website 18 July – 29 August 2013 Advertisement placed in Cornish Times 18 July 2013 Information publicised as per Regulation 6 Yes Determining the application criteria for a neighbourhood area The LPA should be sure that parish council applications cover part or all of the Parish. In determining the application, the LPA must consider: 1. how desirable it is to designate the whole of the parish area as a neighbourhood area, and 1990 Act 61G (3) (4) (7) 61H (1) Individual Portfolio Holder Decision Report 29 November 2013 Decision notice 2 December 2013 Yes
c. how to make representations, and d. the deadline for making representations – not less than 6 weeks from first publicised 2. consult any consultation body listed in The Neighbourhood Planning (General) Regulations 2012 Schedule 1 whose interests they consider may be affected by the proposals for a NDP. 3. send a copy of the NDP to the LPA around the area 3. Online survey available on the NDP website; and draft St Ives Area NDP and Sustainability Appraisal available on the NDP website; Four events held in Halsetown, Lelant, Carbis Bay and St Ives plus a Roadshow. Advertising and copy in local newspapers and posters were placed around the parish advertising events and encouraging people to complete and return their surveys; Email was circulated to the email list with details of all the events, locations of the copies website and online survey; The draft St Ives Area NDP and Sustainability Appraisal were emailed to consultation bodies on Mon 17 November, including the LPA Receipt of draft NDP by LPA The draft plan should include: 1. a map or statement identifying the area to which the plan relates, 2. the consultation statement - which contains details of those consulted, how they were consulted, summarises the main issues and concerns raised and how these have been considered, and where relevant addressed in the proposed NDP, 3. the proposed NDP, 4. a statement explaining how the NDP meets the ‘basic conditions’ ie requirements of para 8 schedule 4B to the 1990 Act 5. Where appropriate, the information to enable appropriate environmental assessments if required e.g. that will enable the LPA to make an assessment under the Conservation of Habitats and Species Regulation 15 The Conservation of Habitats and Species Documents received 5 March 2015 1. Plan contains map (additional maps also submitted) 2. Consultation statement received covers these points 3. Plan received 4. Basic conditions statement included 5. Screening Opinion undertaken – statutory consultees opinion that HRA not required. SEA was required and Sustainability Appraisal has been carried out to fulfil this requirement. The SA has been properly consulted on. Yes