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Wealden District Council > Planning and Building Control > Planning Policy > Herstmonceux Adoption Statement

Herstmonceux Adoption Statement

Regulation 20– Neighbourhood Plan Adoption Statement 23rd July 2019

(Published pursuant to Section 38A(6) of the Planning and Compulsory Purchase Act 2004 and Regulations 19 and 20 of the Neighbourhood Planning (General) Regulations 2012 (as amended))

Summary

  1. Following a positive referendum result on the 3rd May 2018, Wealden District Council is publicising its decision, to ‘make’ the Herstmonceux Neighbourhood Plan as part of the Wealden District Development Plan in accordance with Regulation 20 of the Neighbourhood Planning (General) Regulations 2012 (as amended) and Paragraph 38A (6) of the Planning and Compulsory Purchase Act 2004 (as amended).

Background

  1. On 6th February 2013, Wealden District Council formally designated the Herstmonceux Parish area as the Herstmonceux Parish Council Neighbourhood Area.
  2. Following the submission of the Draft Herstmonceux Neighbourhood Plan to Wealden District Council, in accordance with Regulation 16 of the Neighbourhood Planning (General) Regulations 2012 (as amended) the plan was publicised and representations were invited. The publicity period ran for a period of six weeks between 25th September 2017 and 6th November 2017.
  3. Wealden District Council appointed an independent Examiner, John Slater BA (Hons), DMS, MRTPI to examine whether the Herstmonceux Neighbourhood Plan met the ‘basic conditions’ as set out in Schedule 4B to the Town and Country Planning Act 1990, and whether the Herstmonceux Neighbourhood Plan should proceed to a referendum.
  4. The final Examiners Report was received by Wealden District Council on 6th February 2018 which recommended a number of modifications to the Herstmonceux Neighbourhood Plan. These are required to ensure the Herstmonceux Neighbourhood Plan complies with the basic conditions and other relevant statutory provisions, and so that the draft plan as modified can be submitted for referendum. It concludes by stating:

“I can confirm that my overall conclusions are that the Plan, if amended in line with my recommendations, meets all the statutory requirements including the basic conditions test and that it is appropriate, if successful at referendum, that the Plan, as amended, be made.”

  1. Having considered the recommended modifications, as set out in the Examiner’s Report and the reasons for them, Wealden District Council agreed to accept these modifications and for them to be made to the Herstmonceux Neighbourhood Plan in accordance with paragraph 12(6) of Schedule 4B to the Town and Country Planning Act 1990.
  2. A Portfolio Holder decision was made on 21st February 2018 to confirm that subject to the Examiner’s proposed specific modifications, the Herstmonceux Neighbourhood Plan should proceed to referendum for the following reasons. The Neighbourhood Plan:
  • will be compatible with the European Convention of Human Rights;
  • will not breach, and is otherwise compatible with, European Union obligations;
  • is not likely to have significant effect on a European designated site or a European Offshore Marine site either alone or in combination with other plans or projects;
  • taken as a whole has regard to national policies and advice contained in guidance issued by the Secretary of State and would contribute to the achievement of sustainable development;
  • is in general conformity with the strategic policies contained in the Development Plan for the area;
  • meets the basic conditions; and
  • has undergone consultation in accordance with the requirements of the Regulations.
  1. To meet the requirements of the Localism Act 2011, a referendum which posed the question, ‘Do you want Wealden District Council to use the Herstmonceux Neighbourhood Plan to help it decide planning applications in the Herstmonceux Neighbourhood Area?’ was held in the area formally designated as the Herstmonceux Neighbourhood Area on Thursday 3rd May 2018.
  2. The results of the referendum were;
 

Votes recorded

Percentage

Number of votes cast in favour of ‘yes’

484

81%

Number of votes cast in favour of ‘no’

93

19%

Decision and Reasoning

  1. Paragraph 38A (4)(a) of the Planning and Compulsory Purchase Act 2004 as amended by Section 3 of The Neighbourhood Planning Act 2017 (Commencement No. 1) Regulations 2017 requires that the Council must make the Neighbourhood Plan if more than half of those voting have voted in favour of the plan.
  2. Wealden District Council has assessed that the plan, including its preparation, does not breach, and would not otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
  3. On 24th July 2019, Wealden District Council formally “made” (adopted) the Herstmonceux Parish Neighbourhood Plan (add in dates) which is now part of the Development Plan for the Wealden District Local Planning Authority area.

Copies of this Adoption Statement and the Adopted Herstmonceux Parish Neighbourhood Plan are available at:

Herstmonceux Neighbourhood Plans Page 

Copies are also available for public inspection, at the Council Offices, Vicarage Lane, Hailsham, BN29 2AX, Monday, Tuesday, Thursday and Friday 8:30am – 5pm and  Wednesday 9:00am – 5:00pm.

For any questions please contact the Planning Policy Team on 01892 602008 or e-mail nplans@wealden.gov.uk.