Following the Borough Council of Wellingborough’s resolution to accept the recommendations of the external examiner at Services Committee on 14 September 2015, a referendum will be held on the Earls Barton Neighbourhood Plan on THURSDAY 29 OCTOBER 2015.

The referendum area will cover the Parish of Earls Barton. The question that will be asked is:

“Do you want the Borough Council of Wellingborough to use the neighbourhood plan for Earls Barton to help it decide planning applications in the neighbourhood area?”

Links to the plan proposal and the statutory documents accompanying the plan can be found below:

• Neighbourhood plan document
• Basic Conditions Statement
• Consultation Statement

Links to the wider suite of evidence produced to support the plan can be found on the Earls Barton Neighbourhood Plan website, administered by Earls Barton Parish Council.

The following specified documents provide information on the background to the referendum, the arrangements for the day and how to take part:

• The report of the independent examiner
• A statement prepared by the Borough Council of Wellingborough confirming that the council are satisfied with the plan
• The decision statement of the council setting out the changes made to the examination draft plan
• A summary of representations submitted in response to the four rounds of Regulation 16 publicity
• The Information Statement (referendum)
• A statement setting out general information on the planning system and the referendum

Polling or Counting Observer:

Any persons who wish to apply to be a counting observer should complete an application and return it to the Counting Officer, Swanspool House, Doddington Road, Wellingborough, Northamptonshire, NN8 1BP by Thursday 22 October 2015. The application should state whether the person is connected with any campaign linked to the referendum.

Independent Examination

The examination of the plan took place between March 2015 and September 2015 and was concluded upon the issue of the examiner’s report and list of recommendations.

A single hearing session was held on 29 April 2015 to discuss a range of matters relating to the scale of growth, site selection and Strategic Environmental Assessment.

Following the completion of his examination the examiner recommended that:

• Subject to a list of targeted amendments the plan is compliant with the basic conditions and should proceed to referendum; and
• The referendum area should not be extended past the boundaries of the plan area (the Civil Parish of Earls Barton).

Regulation 16 Publicity (post-submission)

The Earls Barton Neighbourhood Plan was submitted to and received by the Borough Council of Wellingborough on 26 June 2014. The plan has now been subject to a legal check to ensure it complies with the relevant provisions of the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004. The decision of the Borough Council of Wellingborough can be found here:

• BCW Earls Barton legal check letter 2nd July
• BCW Earls Barton legal check list

The plan proposal, along with all the relevant accompanying documents, was made available for comment for a 6 week period between 14 July 2014 and 29 August 2014.

Three further rounds of publicity took place on the request of the examiner to ensure that all consultees had a fair opportunity to review the full suite of evidence produced in support of the plan. These consultations were as follows:

• Second round publicity – 12 March 2015 to 24 April 2015: Overview of site selection process and BCW advice on SEA;
• Third round publicity – 1 May 2015 to 30 June 2015: Review of the implications of the emerging North Northamptonshire Joint Core Strategy for the neighbourhood plan; and
• Fourth round publicity – 9 June 2015 to 24 July 2015: Formal determination of the need for SEA

The draft plan proposal was made available for publicity at Regulation 16 stage along with its accompanying documentation. To avoid confusion, the final plan (including the agreed changes proposed by the examiner and BCW) and the accompanying documents are available via links included under the ‘Referendum’ heading above.

A summary of all of the representations received in relation to all four rounds of consultation is included under the ‘Referendum’ heading above. For those wishing to review the representations received in full they can be found below:

• Initial Regulation 16 publicity
• Second round of Regulation 16 publicity
• Third round of Regulation 16 publicity
• Fourth round of Regulation 16 publicity

Draft Plan for Regulation 14 (pre-submission)

The statutory 6-week local consultation period on the plan ran from Wednesday 19 March 2014 until Wednesday 30th April 2014. A summary of all representations received and how they have been considered in the drafting of the final plan are set out in the consultation statement (see below).

BCW advice on the need for Habitat Regulations Assessment (HRA)

In line with Wellingborough Council’s duty to support Earls Barton, we have so far assisted in statutory consultation to allow an assessment of any potential impact on the Upper Nene Valley Gravel Pits Special Protection Area (SPA). The following consultation was undertaken and decision on the impacts on Habitats issued:

• BCW Decision Letter 6 February 2014
• Natural England response and background to BCW advice on HRA

BCW advice on the need for Strategic Environmental Assessment (SEA)

In line with Wellingborough Council’s duty to support Earls Barton, officers assisted in statutory consultation to inform the ultimate determination of whether a formal SEA is required to accompany Earls Barton’s plan. The following responses were received from statutory consultees and letters of advice issued by BCW:

• BCW Further Advice and Reasons (Appendix A) letter 20 January 2015
• BCW Advice Letter 30 January 2014,
• Consultee responses and background to BCW advice on SEA

Following continuing review of the SEA process and a further consultation on the need for SEA as part of the examination process the final determination and statement of reasons was issued confirming that a full Environmental Statement was not required to support the plan.

Neighbourhood Plan Designation

• Application for the designation of a Neighbourhood Area

The application was advertised from 19 April 2012 and comments were invited until 1 June 2012.  Comments were received from Natural England.

• Comments from Natural England

Following consideration of the application, the Borough Council of Wellingborough approved the designation of the parish of Earls Barton as the ‘Earls Barton Neighbourhood Area’. Details of the notice of adoption and the plan area can be found below:

• Neighbourhood area application decision notice
• Earls Barton Neighbourhood area plan

Following the hearing which was held on 29 April, the Examiner has considered the procedures regarding the possible need for a Strategic Environmental Assessment. He has concluded that while the intentions of the Environmental Assessment of Plans and Regulations 2004 (EAPPR) have been followed to a very large extent, in the screening report carried out in October 2013 and amplified in Appendix A to the Council’s letter of 22 January 2015, the procedure that has been followed has not fully complied with the regulations.

Although the Parish and Borough Council, and statutory consultees are of the opinion that the Earls Barton Neighbourhood Plan would not have significant environmental effects, neither council has made a formal determination in accordance with regulation 9, nor followed the requirements for publicity for any determination in regulation 11 of the EAPPR.  The Examiner has therefore decided to suspend the examination of the Earls Barton Neighbourhood Plan to allow a determination in accordance with regulation 9 of the EAPPR.

As the determination and any other documents associated with it are in the list of documents to be submitted to the Examiner under regulation 15 of the Neighbourhood Plan Regulations they should first be published in accordance with regulation 16 for a minimum period of 6 weeks.  When the Examiner has received these documents he will resume his examination and complete it as soon as possible

Determination of the need for Strategic Environmental Assessment

The Earls Barton Neighbourhood Plan has been formally determined in relation to the Need for Strategic Environmental Assessment under Regulation 9 of the Environmental Assessment of Plans and Programmes Regulations 2004 on 8 June 2015.

It is determined that the Earls Barton Neighbourhood Plan is unlikely to have significant environmental effects.

The determination has taken into account regulation 9 (2) (a) by considering the criteria specified in Schedule 1 to the above regulations and 9 (2) (b) which relates to the consultation bodies of Natural England, the Environment Agency and English Heritage and has taken into account their responses in this determination. In accordance with regulation 9 (3) given that the determination is unlikely to have significant environmental effects (and accordingly, does not require an environmental assessment), a statement of reasons for the determination has been prepared. This determination has been sent to the statutory consultees in accordance with regulation 11 to the above regulations.

Consultations:

There are currently two consultations running on the Earls Barton Neighbourhood Plan

Consultation 1: Notification of publicity of further information to the Earls Barton Neighbourhood Plan: Formal Determination of the need for Strategic Environmental Assessment

The Examiner of the Earls Barton Neighbourhood Plan has requested that the following additional information is made available for consultation:

• Formal Determination of the need for Strategic Environmental Assessment: dated 8 June 2015

Where can the further information be inspected?

Details of the further information and downloadable copies of the relevant documents can be found in the links above.

If required, hard copies of the documents listed above are available from the Borough Council of Wellingborough. A postal charge may apply. Otherwise, copies of the plan can be viewed or collected in person from BCW’s main reception throughout the publicity period.

How and by when must you make representations?

Representations can either be sent via email or by hard copy to:

Maxine Simmons Principal Policy and Regeneration Manager Borough Council of Wellingborough Swanspool House Doddington Road Wellingborough Northamptonshire, NN8 1BP

Email: msimmons@wellingborough.gov.uk

This further information is being made available for publicity for a minimum period of six weeks. To ensure that you have adequate time in which to respond, submissions will be accepted until 5pm on Friday 24 July 2015. All responses will then be forwarded to the plan’s examiner. In the interests of fairness to all respondents no late submissions will be accepted.

Consultation 2: Earls Barton Neighbourhood Plan Implications of Pre-Submission North Northamptonshire Joint Core Strategy 2011-2031 published January 2015

A hearing was held on 29 April 2015 as part of the examination of the Earl’s Barton Neighbourhood Plan.  At the hearing reference was made by the Borough Council of Wellingborough to the Pre-Submission North Northamptonshire Joint Core Strategy 2011-2031 January 2015.

As this document had not been referred to in previous documentation the Examiner decided that interested parties should be given an opportunity to comment on the implications of this document for the Earls Barton Neighbourhood Plan.

Planning Policy Guidance (Ref ID 41-009-20140306) states: “A draft Neighbourhood Plan or Order is not tested against the policies in an emerging Local Plan although the reasoning and evidence informing the Local Plan process may be relevant to the consideration of the basic conditions against which a neighbourhood plan is tested”.

The references at the hearing were to Policy 29-Distribution of new Homes of the January 2015 document and to Table 5: Housing delivery in named settlements.

How and by when must you make representations?

Interested parties may comment on the relevance and implications of pages 125-132 of the Pre-Submission North Northamptonshire Joint Core Strategy 2011-2031 published in January 2015.

Comments should be sent to:

Maxine Simmons Principal Policy and Regeneration Manager Borough Council of Wellingborough Swanspool House Doddington Road Wellingborough Northamptonshire, NN8 1BP  Email: msimmons@wellingborough.gov.uk

Comments should be received by 5pm on Tuesday 30 June

The Earls Barton Neighbourhood Plan has been formally determined in relation to the Need for Strategic Environmental Assessment under Regulation 9 of the Environmental Assessment of Plans and Programmes Regulations 2004 on 8 June 2015.

It is determined that the Earls Barton Neighbourhood Plan is unlikely to have significant environmental effects.

The determination has taken into account regulation 9 (2) (a) by considering the criteria specified in Schedule 1 to the above regulations and 9 (2) (b) which relates to the consultation bodies of Natural England, the Environment Agency and English Heritage and has taken into account their responses in this determination. In accordance with regulation 9 (3) given that the determination is unlikely to have significant environmental effects (and accordingly, does not require an environmental assessment), a statement of reasons for the determination has been prepared. This determination has been sent to the statutory consultees in accordance with regulation 11 to the above regulations.

Notification of publicity of further information to the Earls Barton Neighbourhood Plan: Formal Determination of the need for Strategic Environmental Assessment.

The Examiner of the Earls Barton Neighbourhood Plan has requested that the following additional information is made available for consultation.

• Formal Determination of the need for Strategic Environmental Assessment: dated 8 June 2015

Where can the further information be inspected?

Details of the further information and downloadable copies of the relevant documents can be found in the links above.

If required, hard copies of the documents listed above are available from the Borough Council of Wellingborough. A postal charge may apply. Otherwise, copies of the plan can be viewed or collected in person from BCW’s main reception throughout the publicity period.

How and by when must you make representations?

Representations can either be sent via email or by hard copy to:

Maxine Simmons Principal Policy and Regeneration Manager Borough Council of Wellingborough Swanspool House Doddington Road Wellingborough Northamptonshire, NN8 1BP
Email: msimmons@wellingborough.gov.uk

This further information is being made available for publicity for a minimum period of six weeks. To ensure that you have adequate time in which to respond, submissions will be accepted until 5pm on Friday 24 July 2015. All responses will then be forwarded to the plan’s examiner. In the interests of fairness to all respondents no late submissions will be accepted

Following the hearing which was held on 29 April, the Examiner has considered the procedures regarding the possible need for a Strategic Environmental Assessment. He has concluded that while the intentions of the Environmental Assessment of Plans and Regulations 2004 (EAPPR) have been followed to a very large extent, in the screening report carried out in October 2013 and amplified in Appendix A to the Council’s letter of 22 January 2015, the procedure that has been followed has not fully complied with the regulations.  Although the Parish and Borough Council, and statutory consultees are of the opinion that the Earls Barton Neighbourhood Plan would not have significant environmental effects, neither council has made a formal determination in accordance with regulation 9, nor followed the requirements for publicity for any determination in regulation 11 of the EAPPR.  The Examiner has therefore decided to suspend the examination of the Earls Barton Neighbourhood Plan to allow a determination in accordance with regulation 9 of the EAPPR.  As the determination and any other documents associated with it are in the list of documents to be submitted to the Examiner under regulation 15 of the Neighbourhood Plan Regulations they should first be published in accordance with regulation 16 for a minimum period of 6 weeks.  When the Examiner has received these documents he will resume his examination and complete it as soon as possible.’

Implications of Pre-Submission North Northamptonshire Joint Core Strategy 2011-2031 published January 2015

A hearing was held on 29 April 2015 as part of the examination of the Earls Barton Neighbourhood Plan.  At the hearing reference was made by the Borough Council of Wellingborough to the Pre-Submission North Northamptonshire Joint Core Strategy 2011-2031 January 2015.

As this document had not been referred to in previous documentation the Examiner decided that interested parties should be given an opportunity to comment on the implications of this document for the Earls Barton Neighbourhood Plan.

Planning Policy Guidance (Ref ID 41-009-20140306) states:

“A draft Neighbourhood Plan or Order is not tested against the policies in an emerging Local Plan although the reasoning and evidence informing the Local Plan process may be relevant to the consideration of the basic conditions against which a neighbourhood plan is tested”.

The references at the hearing were to Policy 29-Distribution of new Homes of the January 2015 document and to Table 5: Housing delivery in named settlements.

Interested parties may comment on the relevance and implications of pages 125-131 of the Pre-Submission North Northamptonshire Joint Core Strategy 2011-2031 published in January 2015.

Comments should be sent to:

MSimmons@wellingborough.gov.uk

and should be received by 5pm on Friday 15 May 2015.

Hearing 29 April 2015

Indicative Programme

The programme sets out the order of proceedings.  The timings are indicative and will be varied as necessary.

In all cases parties may be represented by professional advisers.

09.30              Introductions

09.35              Examiner’s introductory remarks on the scope and conduct of the hearing

09.45              Strategic Environmental Assessment

1. Borough Council of Wellingborough
2. Earls Barton Parish Council
3. Redrow Homes

11.00.            Break

11.15              The scale of development

1. Redrow Homes
2. Ms Sue Struss
3. Borough Council of Wellingborough
4. Earls Barton Parish Council

13.00              Lunch Break

14.00              The Location of Development

1. Redrow Homes
2. Mrs JM Beatty and Mrs I Clarke
3. Mr and Mrs M Coulton
4. Earls Barton Parish Council
5. Borough Council of Wellingborough

16.00              Close

UNDER SCHEDULE 4B OF THE TOWN AND COUNTRY PLANNING ACT 1990 (AS AMENDED)

The Examiner of the Earls Barton Neighbourhood Plan has indicated that a hearing will be required as part of the examination process to further investigate aspects of the plan.

Details of the venue, date and commencement time of the hearing are as follows:

Venue: The Grange, 108 Northampton Road, Earls Barton, NN6 0JH

Date: 29 April 2015

Time: 9.30am

At present it is anticipated that the hearing will last no longer than one day. In the event that a second day is required a further session will be held on 30 April 2015. It may not be clear whether a second day is required until the day of the hearing itself.

Issues to be discussed at the hearing

In accordance with section 9 (2) of Schedule 4(B) to the Town and Country Planning Act 1990 the hearing will consider the following main issues, allowing the parties with an interest a fair chance to put a case:

• The scale and location of residential development  and
• Whether the preparation of the Plan has been in accordance with EU obligations in relation to Strategic Environmental Assessment.The hearing will be conducted on the basis of oral presentations by the parties with questioning by the examiner. Oral presentations should not exceed 20 minutes on each issue.Speaking at or attending the hearingThe examiner invites people to speak at the hearing. The following advice describes the hearing procedure, as set out in the National Planning Practice Guidance:It is for the independent examiner to decide:
• Can anyone choose to speak if a public hearing is held?
•  

• the format and scope of the hearing;

• who will be invited to speak at a hearing, in addition to the local planning authority and the qualifying body that submitted the neighbourhood plan or Order; and

• the questions to be asked at the hearing.

Additional details surrounding the hearing procedure can be found at Paragraph 9 of Schedule 4B of the Town and Country Planning Act 1990 (as amended), accessible via the following link:

http://www.legislation.gov.uk/ukpga/2011/20/schedule/10/enacted

Invitations to speak at the hearing have been sent out. An agenda for the hearing day will be forwarded to those invited to speak and uploaded to our website as soon as it is made available.

The hearing will be held in public with seating available for those who wish to view proceedings.

UNDER REGULATION 16 OF THE NEIGHBOURHOOD PLANNING (GENERAL) REGULATIONS 2012

The Examiner of the Earls Barton Neighbourhood Plan has requested that the following additional information is made available for consultation:

• The letter from the Borough Council of Wellingborough dated 22 January 2015 and the appendix attached to it relating to SEA screening and
• The document headed ‘Earls Barton Neighbourhood Plan Site Selection Process’ (see link below for all documents)

http://www.wellingborough.gov.uk/earlsbartonneighbourhoodplan

Where can the additional information be inspected?

Details of the additional information and downloadable copies of the relevant documents can be found in the links above.

If required hard copies of the documents listed above are available from the Borough Council of Wellingborough.  A postal charge will apply. Otherwise, copies of the plan can be viewed or collected in person from BCW’s main reception throughout the publicity period.

How and by when must you make representations?

Representations can either be sent via email or by hard copy to:

Maxine Simmons

Principal Policy and Regeneration Manager

Borough Council of Wellingborough

Swanspool House

Doddington Road

Wellingborough

Northamptonshire, NN8 1BP

msimmons@wellingborough.gov.uk

The additional information is being made available for publicity for a period of six weeks. To ensure that you have adequate time in which to respond, submissions will be accepted until 5pm on Friday 24 April 2015. All responses will then be forwarded to the plan’s examiner. In the interests of fairness to all respondents no late submissions will be accepted.’