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Council to Consider Examiner's Recommendations
Following receipt of the Examiner’s Report, the Neighbourhood Planning Regulations require East Staffordshire Borough Council to:
- Decide what action to take in response to each recommendation made by the Examiner,
- Publish the decision and reasons for it (“the Decision Statement”), and
- Decide whether to send the Updated Neighbourhood Plan to referendum.
Examination
East Staffordshire Borough Council (with agreement of Denstone Parish Council) appointed Christopher Collison to examine the updated Denstone Neighbourhood Plan. The Examiner conducted the examination through consideration of written representations.
The Examiner's Report has concluded that the Updated Neighbourhood Plan, subject to the recommended modifications, meets the Basic Conditions and should proceed to referendum.
The Examiner wrote to the Borough and Parish Councils setting out how he intended to conduct the Independent Examination:
During the examination, the Examiner determined under Paragraph 10(1) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 that the modifications contained in the proposed updated Denstone Neighbourhood Plan would change the nature of the currently made Neighbourhood Plan. On this basis the Updated Neighbourhood Plan will require a referendum. In accordance with the legislation, the Examiner invited the Parish Council to confirm whether it wished to proceed with the updated Plan or to withdraw it.
To view the Examiner’s letter and the Parish Council’s response please follow the links below:
The Examiner provided an opportunity for the Parish Council to comment on any representations made during the Regulation 16 consultation. To view the Parish Council’s comments, please follow the link below:
The Examiner advised that since the revised National Planning Policy Framework (NPPF), published on 20 December 2023, does not include any transitional arrangements in respect of the examination of Neighbourhood Plans, then the Updated Denstone Neighbourhood Plan was to be examined in the context of the latest NPPF.
The Examiner provided all interested parties with an opportunity, during a two-week period from 30 January 2024 until 13 February 2024, to comment on whether the Neighbourhood Plan meets the Basic Condition that it is appropriate to make the Plan having regard to national policies as set out in the latest (December 2023) NPPF. To view the Examiner’s letter please follow the link below:
To view responses to the Examiner’s invitation to comment please follow the links below:
Regulation 16 Consultation on Draft Revised Neighbourhood Plan (27 October to 18 December 2023)
Under Regulation 15 of the Neighbourhood Planning (General) Regulations 2012, Denstone Parish Council submitted its draft Neighbourhood Development Plan (Neighbourhood Plan) to East Staffordshire Borough Council. In accordance with Regulation 16, the Borough Council invited comments from organisations and individuals on the submitted draft revised Denstone Neighbourhood Plan. This ‘publicity’ consultation period lasted 6 weeks and ran from Friday 27th October 2023 to Monday 18th December 2023.
The revised Denstone Neighbourhood Plan, if approved at examination and (if necessary) at referendum, will replace the Denstone Neighbourhood Plan which was adopted in March 2017.
Denstone Parish Council undertook consultation on an earlier draft of their Plan from 23rd May 2023 to 18th July 2023. Comments made to the Neighbourhood Plan Steering Group from this consultation helped inform changes to the document which was submitted to East Staffordshire Borough Council.
The Neighbourhood Plan, prepared by Denstone Parish Council together with its Neighbourhood Plan Steering Group, proposes a number of policies including: Denstone Settlement Boundary, proposed locations for Housing, Employment and Community Facilities, Design and Heritage, Natural Environment and Landscape, Flooding and Surface Water, and Local Green Spaces.
The Neighbourhood Plan Submission contains the following documents:
To view responses to the Regulation 16 consultation, please follow the links below:
East Staffordshire Borough Council has collated all the responses and forwarded them on to an independent examiner, who will consider the responses and the Plan documents when assessing whether the Neighbourhood Plan meets the relevant legislation and should proceed to referendum.