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Public reports pack PDF 3 MB - Blaby District Council

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3.<br />

3.1<br />

Reason for Decision Recommended<br />

A Neighbourhood Plan is capable of becoming part of the Statutory<br />

Development Plan for the area and therefore a material consideration in<br />

the determination of planning applications. It is therefore appropriate for<br />

there to be a mechanism whereby the <strong>Council</strong>, in line with the<br />

Neighbourhood Planning Regulations 2012, can formally approve any<br />

applications to be recognised as an ‘Qualifying Body’ or for an area to be<br />

recognised as an ‘Appropriate Area’ for Neighbourhood planning purposes.<br />

4. Forward Plan<br />

4.1 This report has not been included in the last Forward Plan. It is a key<br />

decision. The matter has become apparent since the publication of the<br />

Forward Plan and because of the application from the Fosse Villages<br />

Neighbourhood Group it is impracticable to defer the decision on this report<br />

until after the operative date of the next Forward Plan on which it could<br />

appear. Accordingly the General Exception Procedure contained in Part 4<br />

Section 2 Paragraph 9 of the Constitution has been invoked to enable its<br />

consideration. The Scrutiny Commissioners have been informed and public<br />

notice has been given by posting it at the <strong>Council</strong> Offices.<br />

5. Key Decision<br />

5.1 Yes<br />

6. Matters for Consideration<br />

Main issues<br />

6.1 The Localism Act 2011 devolves planning powers to Parish and Town<br />

<strong>Council</strong>s or Neighbourhood Forums to lead on the preparation of<br />

Neighbourhood Plans. These powers are outlined in detail in the<br />

Neighbourhood Planning (General) Regulations which came into force on 6 th<br />

April 2012. Neighbourhood planning is one of the five key measures in the<br />

Localism Act and specifically relates to the production of Neighbourhood<br />

Plans, Neighbourhood Development Orders and Community Right to Build<br />

Orders.<br />

6.2 <strong>Blaby</strong> <strong>District</strong> <strong>Council</strong> has the responsibility as the local planning authority for<br />

the area to determine applications for Neighbourhood Plan Areas. The<br />

<strong>Council</strong> also has a general duty to support those preparing Neighbourhood<br />

Plans. This is a new responsibility arising from the Localism Act.<br />

Background Information<br />

6.3 Neighbourhood planning is a key measure in the Localism Act 2012. It<br />

devolves some of the responsibility to parish and town councils and<br />

neighbourhood forums as “Qualifying Bodies.” Neighbourhood Plans are<br />

required to be ‘pro-development.’ They cannot be used to stop development<br />

already allocated or permitted and cannot propose less development than that<br />

in the Local Plan Core Strategy. They can however propose more<br />

development than allowed for in the Local Plan Core Strategy. This report<br />

Page 168

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