Statement of Community Involvement October 2020

On 12 October 2020 a revised Statement of Community Involvement was formally adopted at a virtual public meeting of the full Council.

You can view a web version of the text here or download the document below.

Statement of Community Involvement October 2020 (PDF, 728 KB)

Preface

Introduction

1.   What is a Statement of Community Involvement?

2.   A brief guide to the planning system

3.   Planning in New Forest District

4.   The process of Local Plan and Supplementary Planning Document preparation

5.   How we will involve and consult others on the preparation of the Local Plan

6.   How we will involve and consult others on the preparation of Supplementary Planning
      Documents

7.   Neighbourhood Planning

8.   How we will involve others on allocating the Community Infrastructure Levy to projects

9.   Community Involvement and Development Management

Appendices

Appendix 1:  Local Planning documents - consultees

Appendix 2:  Neighbourhood Planning Protocol

Appendix 3:  Who the Qualifying Neighbourhood Plan body seek to engage with

Appendix 4:  Publicising Planning and related Applications

Appendix 5:  How we will notify neighbours

Appendix 6:  Glossary

Preface

This Statement of Community Involvement (SCI) was originally adopted and published in February 2015.             It was first updated in August 2018 to reflect the provisions in the Neighbourhood Planning Act 2017 (Commencement No. 3) Regulations 2018.

The revisions that respond to Covid 19 will apply until restrictions on personal and group interaction arising from coronavirus are lifted, or sufficiently relaxed, to allow events held for the visiting public to take place safely.
 

Introduction

New Forest District Council is the local planning authority for the parts of the District outside of the New Forest National Park. As the local planning authority, it is responsible for producing the Local Plan and other planning documents for its area and for determining planning applications for most forms of development (Hampshire County Council is the planning authority for minerals and waste planning matters). Within the National Park the National Park Authority is the local planning authority. This document relates to the parts of New Forest District outside of the National Park (the area shaded orange on the map below) referred to as the 'Plan Area (PDF, 3 MB)' henceforth.

 The Council is committed to engage with local people, organisations and businesses to get their views on different aspects of its work. Planning directly affects the places where people live and work and meaningful public consultation and engagement on all aspects of planning is vital.    

1.     What is a Statement of Community Involvement?

1.1       The Statement of Community Involvement (SCI) sets out how the District Council will consult and involve others in planning matters in New Forest District outside the National Park. It covers both the preparation of local plans and planning guidance, and applications for planning permission.           

2.     A brief guide to the planning system

2.1       Local planning authorities are responsible for producing Local Plans and other planning policy documents which set the framework under which decisions on planning applications are made. All local planning authorities are expected to have an up-to-date Local Plan for their area. The Plan guides new development, setting the overall planning strategy for the area and setting policies and proposals for what development can happen, and where. The Local Plan is the main planning policy document for the area but can be supplemented by Supplementary Planning Documents (which provide additional guidance on the implementation of policies in the Local Plan) and by Neighbourhood Plans (which are community-led plans).

2.2       The Government sets national planning policies in the 'National Planning Policy Framework' (NPPF). Local Plan policies must comply with this national framework. The Government also publishes national Planning Practice Guidance (PPG), which gives further guidance and advice on how local authorities are expected to prepare local planning documents and implement Government policy.

2.3       The current planning system has no hierarchy of plans between national and local planning policies. However, the Localism Act established a new 'Duty to Co-operate' which requires local planning authorities and other organisations to work together constructively in preparing their plans, to try to resolve cross boundary planning issues.

3.     Planning in New Forest District

3.1       The Council has an adopted Local Plan for the area. The key documents which make up the Local Plan for New Forest District (outside the National Park) are:

• The Local Plan 2016-2036 Part 1: Planning Strategy, adopted in July 2020, which sets the planning strategy for housing and employment provision, protection of sensitive environments, town centres, and transportation for the area up until 2036. It replaces and updates parts of the adopted 2009 Core Strategy, and a small number of the more strategic policies in the Local Plan Part 2: Sites and Development Management adopted in 2014.
• The Local Plan Part Two: Sites and Development Management, adopted in April 2014, which sets out more detailed polices implementing the strategy, including identifying sites for new development. The remaining policies of the adopted 2009 Core Strategy and 2014 Local Plan Part 2 are either saved for continued use pending review as part of the Local Plan Review 2016-2036 Part Two, or are deleted, as set out in Appendix A of the Local Plan Part One. It includes allocations of specific sites for new housing, affordable housing and employment land. It also provides additional development management policies to assist the implementation of the Part One Local Plan.

3.2       The Council has adopted several Supplementary Planning Documents. These include Local Distinctiveness SPDs and the Mitigation Strategy for European Sites SPD.

3.3       Full details of all current planning policy documents prepared by New Forest District Council are available on the Planning Policy page of the Council's web-site: www.newforest.gov.uk/planningpolicy

Working with others

The New Forest National Park and Cranborne Chase Area of Outstanding Natural Beauty (AONB)
 

3.4      The Council attaches great importance to having a close working relationship with the New Forest National Park Authority (NFNPA) and the Cranborne Chase Area of Outstanding Natural Beauty (CCAONB). Given the geography of the Plan Area and its relationship with the National Park, it is essential to the proper planning of the area that there is collaboration between the two planning authorities. The Council also has a duty to have regard to the purposes of the National Park under Section 85 of the Countryside and Rights of Way Act (2000). Planning policies for the area recognise that development proposals within the Plan Area can have a significant impact on the National Park, and on protected European nature conservation sites within the National Park. The Council will also engage with the Cranborne Chase AONB and have regard to the Planning Protocol agreed between the two parties.
 

Neighbouring authorities and Local Economic Partnerships

3.5       The Duty to Co-operate (DTC), brought into effect by the Localism Act (2011), aims to ensure that bodies engaged in planning work together on issues that are of more than local significance. The Council will continue to work with a wide range of statutory and non-statutory bodies in fulfilling its planning duties and ensuring that issues of more than local significance are dealt with by working with its neighbours and other appropriate bodies.

3.6       The Council will work with neighbouring authorities and other authorities in the sub-regions on matters of strategic significance, where cross-boundary working is essential to ensure an appropriate planning strategy for the wider area is established (including the work of the Solent Local Enterprise Partnership, the Partnership for South Hampshire, and other neighbouring Local Enterprise Partnerships). This will include the joint commissioning of appropriate studies to assess housing and business needs locally and within the wider area.

See Section 5 for further information on the Duty to Co-operate.

4.     The process of Local Plan and Supplementary Planning Document preparation

4.1       Procedures for preparing development plan documents are set out in national regulations, currently the Town and Country Planning (Local Planning) (England) Regulations 2012. The figure below sets out the stages in plan preparation, indicating consultation stages, as set out in the Regulations.

Figure 1 - Stages in Local Plan preparation

Figure 1 Stages in Local Plan Preparation (PDF, 102 KB)

4.2       In the preparation of documents the Council will be consulting and involving others at various stages of plan preparation, from evidence gathering and developing strategic approaches to preparing the Plan for Submission and public Examination by an independent Inspector. The methods and techniques used to involve the community will vary depending on the stage of preparation reached and the type of planning document being prepared. More detail is given in section 5.

4.3       The Local Development Scheme sets out the programme for preparing local planning documents. As well as the Local Plan itself, Supplementary Planning Documents (SPDs), covering particular areas, sites or topics may be prepared. Examples of SPDs which have been prepared by New Forest District Council include the Lymington Local Distinctiveness SPD and the Mitigation Strategy for European Sites SPD (a full list of current SPDs is provided in the Local Development Scheme and on the Council's web-site). The process for preparing Supplementary Planning Documents is simpler than for the Local Plan, the main difference being that an SPD is not subject to public Examination by an independent Inspector. However, the procedure followed in preparing Supplementary Planning Documents includes targeted involvement and consultation during the preparation of the document. The process is set out in the figure below.

Figure 2 - Stages in Supplementary Planning Document preparation

Figure 2: Stages in Supplementary Planning Document preparation (PDF, 69 KB)

Further details of how we will involve others in the production of SPDs is set out in section 6.

5.     How we will involve and consult others on the preparation of the Local Plan

5.1       The National Planning Policy Guidance requires that Local Plans are prepared with meaningful engagement and collaboration with neighbourhoods, local organisations and businesses. The final Plan should aim to be a 'collective vision and a set of agreed priorities for the sustainable development of the area' (Paragraph 155).

5.2       The Town and Country (Local Planning (England) Regulations 2012 set out the procedure to be followed by local planning authorities in relation to the preparation of local plans and supplementary planning documents, including consultation with interested persons and bodies and the documents which must be made available at each stage. The Regulations can change over time and the Council will comply with the relevant Regulations in force at the time.

5.3       The main means of finding out the latest news about progress with Plan preparation will be the Council's web-site www.newforest.gov.uk.

The Council will use its website to:

• Provide information about progress with the preparation of planning documents
• Publish all current planning policy documents
• Give notice and details of current public consultations on planning policy documents under preparation
• Publish summaries of comments it has received on draft planning policy documents

5.4       The Council will keep a database of those wishing to be kept informed directly (normally by e-mail) about stages in plan preparation (the Local Plan contacts database).

5.5       Table 1 below sets out how the Council will involve others in the preparation of its Local Plan at various stages of plan preparation.

Table 1 - The key stages of involving and consulting on Development Plan Documents (DPD):

Sustainability Appraisal

5.6       Alongside the preparation of the Local Plan the Council will undertake a Sustainability Appraisal of the emerging Plan and its proposals. This work will consider the impact of proposals on environmental, social and economic factors, including internationally significant nature conservation sites, which will be a key consideration. The Sustainability Appraisal will be subject to targeted consultation at its 'scoping' stage, and wider consultation when published for comment alongside a consultation draft Local Plan and submission Local Plan.

Fulfilling the Duty to Cooperate

5.7       The "Duty to Co-operate" requires local authorities and other prescribed bodies to work together on planning issues, and particularly on strategic matters which have a significant impact on at least two planning areas.

5.8       New Forest District Council will work co-operatively with neighbouring planning authorities in Hampshire, Wiltshire and Dorset, and other relevant public bodies on matters relating to the development of appropriate planning strategies within the Plan Area and in neighbouring areas.

5.9       In additional to formal written consultations, this co-operation will involve discussions at both Officer, and as appropriate, Member level. Cross- boundary issues will be identified and, where possible, appropriate planning strategies will be agreed as a basis for preparing Local Plans and ensuring compatibility across administrative boundaries.

5.10     In south Hampshire a formal partnership of local authorities (Partnership for South Hampshire - PfSH) is well established as a vehicle for developing planning strategies for the area. The Council will participate in and contribute to the work of PfSH at both Officer and Member level.

5.11     New Forest District Council will also cooperate with Local Enterprise Partnerships (LEPs) and Local Nature Partnerships (LNPs) and have regard to their activities when preparing the Local Plan, so long as those activities are relevant to local plan making. For the New Forest District area these are currently the Solent LEP, and the Hampshire & Isle of Wight LNP. Local Enterprise Partnerships have a key role to play in delivering local growth by directing strategic regeneration funds and in providing economic leadership through their Strategic Economic Plans. Local Nature Partnerships work strategically to help their local areas manage the natural environment and they are encouraged to work at a broader 'landscape scale'.

5.12     Working relationships on strategic planning matters with neighbouring authorities in Wiltshire and Dorset have been established and will developed as each authorities plan preparation progresses.

6.     How we will involve and consult others on the preparation of Supplementary Planning Documents

6.1       Supplementary Planning Documents (SPDs) provide additional guidance on the implementation of Local Plan policies.

6.2       Although supplementary to the main policies, it is also important that the local community and interested organisations are involved in the preparation of these documents and have a chance to comment on the detail of how Local Plan policies and/or proposals are to be implemented. Supplementary Planning Documents are not subject to a formal examination by an independent Inspector.

Table 2 - The key stages of involving and consulting on Supplementary Planning Documents:
 

7.     Neighbourhood Plans and Neighbourhood Development Orders

7.1       The Localism Act 2011 introduced statutory Neighbourhood Planning in England. It enables communities to draw up a Neighbourhood Plan for their area (within certain limits and parameters set by the agreed strategy in the Local Plan). Through preparing a Neighbourhood Plan (or a Neighbourhood Development Order) local communities can have a greater say in deciding how the planned development is accommodated in their area. These can be taken forward by Town / Parish Councils.

7.2       Parish and Town Councils can use neighbourhood planning powers to establish general planning policies for the development and use of land in their neighbourhood through the preparation of a Neighbourhood Plan or the granting of planning permission for a specific type of development through a Neighbourhood Development Order.

7.3       It is the role of the local planning authority to agree the (geographical) neighbourhood planning area. Additionally, the local planning authority must provide advice and assistance; hold an examination; and make arrangements for a referendum. The District Council has published a Neighbourhood planning protocol, and this is contained in Appendix 2 of this Statement. The protocol outlines how the District Council will undertake its statutory duties, and the level and extent of the technical advice and assistance that the Council will provide.

 7.4     Appendix 3 sets out the guidance specifically designed to support qualifying bodies, which includes Parish or Town Council, on the consultation process relating to the preparation of a Neighbourhood Plan.  It contains advice on when, who, how and where to consult to ensure effective community engagement.  It suggests the qualifying body considers the following consultation mechanisms when developing a Plan or Order:

• Holding events/exhibitions (where allowed in line with government Covid19 guidance)
• Adverts/posters
• Letters/flyers to everyone in neighbourhood area
• Questionnaires/comments forms
•  Use of websites, social media and e-mail
• Notice in parish newsletters/local magazines
• Visiting/contacting already established local groups.

7.5       Neighbourhood Plans / Orders must be in general conformity with the strategic policies of the Local Plan which the District Council will continue to produce.

7.6       They must also meet a number of conditions before they can be put to a community referendum and legally come into force. The conditions ensure that plans are legally compliant and take account of wider policy considerations (e.g. national policy and the Local Plan strategy). Neighbourhood Plans do not take effect unless there is a majority of support for it in a local Referendum and the Plan is adopted by the District Council.

7.7       It will be for those preparing a Neighbourhood Plan to decide how best to consult during the preparation of the document, but they must comply with the Neighbourhood Planning Regulations in place at the time. More information about Neighbourhood Planning can be found at: Http://planningguidance.planningportal.gov.uk/blog/guidance/neighbourhood-planning/

8.     How we will involve others on allocating the Community Infrastructure Levy to projects

8.1       The Community Infrastructure Levy Regulations 2010 require the Council to set out a list of those projects or types of infrastructure that it intends to fund, or may fund, through the levy.  This list of projects may be revised from time to time following appropriate consultation.

8.2       The consultation process will involve providers of infrastructure including bodies such as HCC, the Police and Health Authorities, NFDC departments and Town and Parish Councils, as appropriate.  A recommended list of projects (known as a 'Regulation 123 list') will then be prepared and subject to further consultation before being presented for approval by the Council's Cabinet at the start of the year. Requirements for who should be consulted are currently set out in Regulation 15 of the Community Infrastructure Levy Regulations 2010 (with amendments) and the Council will apply the relevant regulations in force at the time.

9.     Community Involvement and Development Management

9.1          For many people, the most visible impact of the planning system is the regulation of development through planning applications. Applications are normally determined in accordance with the policies and proposals of the statutory development plan for the area unless there are other material considerations that justify departing from these policies. Whenever an application is determined contrary to the provisions of the development plan, there should be specific and justified material considerations for doing so. Community involvement in considering planning applications can be an important means of identifying other material considerations. Community involvement can also help shape proposals so that they are more acceptable and appropriate to the area where the development is occurring.

9.2          There are four main stages in the Development Management Process:

• Pre-application
• Planning applications
• Appeals
• Enforcement

The following provides an overview of the Council's publicity and consultation arrangements for these four elements of Development Management.

Pre-application Stage

9.3          The Council welcomes and encourages discussion with applicants and developers before planning applications are submitted. Receiving considered advice prior to the formal submission of a planning application can ensure that the quality of a development is improved and that certainty in the outcome can be increased for the applicant.  Applicants or developers are encouraged to consult with the community before submitting planning applications which are likely to generate public interest.  

9.4       Whilst there is no statutory requirement for the Council to engage with the community at the pre-application stage on pre-application schemes, paragraphs 39 to 46 of the National Planning Policy Framework (NPPF) states that early engagement has significant potential to improve the efficiency and effectiveness of the planning application system for all parties, and that good quality pre-application discussion enables better coordination between public and private resources and improved outcomes for the community. Entering into a Planning Performance Agreement with the Council provides an opportunity for identifying the preferred approach to community engagement.

Planning Application Stage

 What happens when a planning application is received?

9.5        All planning applications are checked to ensure that necessary plans and details are provided to enable the application to be determined. When an application has been validated neighbours (those occupying properties that adjoin the site) are notified by letter. Consultees are also notified (as relevant depending on the nature of the application). All applications are placed on the Council's website for public view. Full details of notification undertaken are provided at Appendix 4.     

9.6      The minimum requirements for publicising and consulting on planning applications are set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015. We comply with the minimum requirement in all cases, in most cases we exceed this to ensure that our communities are as involved as possible.  Irrespective of how the community hear about a proposal, anyone can submit comments on an application. The notification letter, site notice and press advertisement explain where the planning application can be viewed.

9.7      Comments are invited on planning applications for a period of 21 days, which is a statutory period set out by government. All comments received prior to the determination of an application, even if outside of the 21 day publicity period will be taken into consideration. In most cases a site notice is also provided, and this will be displayed for 21 days. When comments are submitted on planning applications through the website the name and address of the individual are also published. 

Who we will consult?

9.8     The Town and Country Planning (Development Management Procedure) (England) Order 2015 specifies the stages at which statutory consultation will take place on planning applications and notifications. The Regulations set out that certain bodies must be consulted, depending on the type of application and/or constraints that affect the site. The relevant bodies are listed in Appendix 4: 'Publicising Planning and related Application'.  We will notify such bodies either by sending them the weekly list, an email or consultation letter. Statutory bodies are made up of both internal and external consultees.

9.9      Schedule 1, paragraph 8, of the Town and Country Planning Act 1990, states that there is only a statutory requirement for local planning authorities to notify Town and Parish Councils of planning applications received if the Town or Parish Council has requested that it be notified.NFDC goes further than the regulations by automatically sending the weekly lists of applications received, decisions made, and appeals received to all Town and Parish Councils.   

How is a planning application determined?

9.10    Whilst a planning application is determined primarily against the Development Plan and National policies, material consideration is also given to:

1. Representations of objections and support
2. Advice from external specialists such as Natural England or Historic England
3. Government guidance
4. Comments from town and parish council
5. Any other material consideration   
    

9.11    The planning case officer assesses of the application will be based on the above and their judgement on the impact the proposed development will have. The publicity requirements mean that we will not receive all the relevant views until about a month after the council register the application and this will be longer in some cases.

9.12  The council will determine planning applications on the information submitted. There may however be some circumstances whereby, at the discretion of the council, amendments can be accepted prior to a determination to resolve outstanding issues. In these instances, the case officer will provide the necessary time in order to provide the applicant with an opportunity to amend the application depending on the degree of change. Under no circumstances should applicants amend an application following a consultation response they have read online.

9.13 Where the Council receives significant amendments to a current planning application, that it can accept, it will re-publicise the application making it clear that amendments to the application have been proposed.

9.14      Following a review and analysis of all the information and submissions to a development proposal, a report is prepared on the acceptability of the development. The decision on whether to grant planning permission is made either under delegated powers by the Chief Planning Officer, which will be the case for majority of applications, or by the Planning Committee. In cases where applications are to be considered by the Planning Committee, those who have already made written comments on the application can request to address the Committee at the relevant meeting.

9.15      Once the decision is issued on planning applications the decision notice, plans and officer report are available to view online, but letters of representation will be removed one year after decision date. 

9.16      The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 introduced a prior approval arrangement for certain single storey extensions to dwelling houses with a statutory requirement being placed on the Council to serve notice on any owner or occupiers of adjoining properties and give them a minimum of 21 days to object. These prior approval notifications introduce a new procedure differing from that for planning applications.

Assisting the Local Planning Authority

9.17      The council expects planning applications to be determined within timescales set by national guidance unless an alternative period has been agreed (in writing) with an applicant to allow positive and proactive discussion. The national targets are as follows:  

1. Major applications accompanied by an Environmental Impact Assessment - 16 weeks
2. Major applications - 13 weeks
3. Minor and other applications - 8 weeks 

Post decision Appeals

9.18      Applicants have the right to appeal against the refusal of a planning permission to the Planning Inspectorate. There is no third-party right of appeal (i.e. for those who objected to a planning application). The Council will notify relevant parties who commented on the planning application of the appeal and advise them how they may make comments to the Planning Inspectorate. Information relating to the appeal will also be available to view on the Council's Online Planning Register.

Discharge of conditions

9.19      The grant of planning permission is commonly subject to planning conditions which may require the submission of further information to the council for approval. This may address matters such as materials, landscaping, natural green space and green infrastructure and highway matters.

9.20      The Council will seek to deal with such applications within eight weeks from the date of receipt. Submissions made for approval of details are not subject to publicity.

Post decision Amended Plans

9.21      Post-decision amendments are only accepted if the amendment is very minor and are considered on a case by case basis. In cases where amendments are accepted, the amendments will not be the subject of publicity.

Enforcement

9.22      If members of the local community draw possible breaches of planning to the attention of the Council these will be investigated in accordance with the Local Enforcement Plan which is published on the Council Website.

Appendix 1 - Local Planning documents: Consultees

New Forest District Council has an electronic database used solely for the purpose of contacting interested organisations, groups, and individuals about the preparation of local planning documents. There are four types of consultee identified on the database, as set out below.

Type A - Specific Consultation bodies

In accordance with the Town & Country Planning (Local Planning) (England) Regulations 2012, this Council will consult the following organisations on parts of the Local Plan to the extent that it considers the document to be relevant to the organisation:
 

• All town and parish councils within New Forest District
• The New Forest National Park Authority
• Cranborne Chase Area of Outstanding Natural Beauty
• Hampshire County Council
• Dorset Council (Unitary Authority)
• Wiltshire Council
• Test Valley Borough Council
• Isle of Wight Council
• Melchet Park & Plaitford; Nursling & Rownhams; Romsey Extra; Wellow Parish Councils
• Bishopstone; Bower Chalke; Broad Chalke; Coombe Bisset; Downton; Landford;Odstock; Redlynch; Stratford Tony Parish Councils.
• Southampton City Council
• Bournemouth, Christchurch and Poole Council
• Burton; Hurn Parish councils
• East Dorset District Council
• Eastleigh Borough Council
• Alderholt; Cranborne & Edmondsham; Sixpenny Handley with Pentridge;St Leonards & St Ives; Verwood Parish council
• The Partnership for South Hampshire (PfSH)
• The Coal Authority
• The Homes and Communities Agency
• The Environment Agency
• Natural England
• Network Rail
• The Historic Buildings and Monuments Commission for England (Historic England)
• The Highways Agency
• The Hampshire and Isle of Wight Local Nature Partnership
• NHS West Hampshire Clinical Commissioning Group
• British Telecommunications PLC
• Southern Electricity
• Scottish and Southern Energy
• Southern Gas Networks
• RWE npower
• EON PLC
• The National Grid Company PLC
• British Gas
• The Police and Crime Commissioner for Hampshire
• The Solent Local Enterprise Partnership
• The Enterprise M3 Local Enterprise Partnership
• The Marine Management Organisation
• Wessex Water
• Southern Water
• Sembcorp Bournemouth Water PLC
• The Mobile Operators Association (which represents telecommunications operators such as: Airwave, Dolphin Communications; Hutchinson 3G; Mercury; NTL; One2One; Orange; O2; T-Mobile; Vodafone etc).

Type B -  General Consultation bodies

In addition to the identified 'Specific' consultees set out above, the Regulations require the Council to also notify and consult additional bodies it considers appropriate.

The list below represents the type of different organisations which are likely to have an interest in the Local Plan process, and is not meant to be exhaustive.
 

The Council has created a contacts database which includes local groups and organisations in the categories below. However, the Council is dependent on up-to-date information being provided by these local groups and organisations in order to effectively contact them. The Council is keen to hear from other organisations that wish to be involved in the plan-making process, and will be happy to add local groups and organisations to its Local Plan contacts database on request.
 

Organisations likely to have an interest in the Local Plan process will include:

• Residents groups and associations.
• Amenity and conservation societies.
• Sports & recreation organisations.
• Schools & colleges.
• Disability organisations and groups.
• Older persons groups.
• Ethnic minority groups.
• Gypsies and travelling show people, including the Traveller Education Service.
• Churches and other religious organisations.
• Housing associations and registered social landlords.
• Tourism organisations.
• Youth groups and organisations.
• Businesses and chambers of trade/commerce.
• Developers and planning agents/architects.
• New Forest Verderers.
• New Forest Commoners.
• New Forest Commoners Defence Association.
• Forestry Commission.
• Port operators and harbour authorities at Southampton and Lymington.
• Transport operators and managers including Network Rail, train and bus companies.
• Coastal interests including commercial, leisure and amenity organisations.
• Major estates.
• The Ministry of Defence.
• Southampton and Bournemouth Airports.
• Other Government organisations not already listed in Annex B

Type C -  Statutory consultees for the Duty to co-operate

In accordance with the Town and Country Planning (Local Planning) (England) Regulations 2012, this Council will co-operate with the following organisations on matters in the Local Plan it considers to be of strategic significance.
 

• The Environment Agency.
• The Historic Buildings and Monuments Commission for England (known as Historic England).
• Natural England.
• The Civil Aviation Authority.
• The Highways Agency
• The Homes and Communities Agency.
• Each Primary Care Trust established under section 18 of the National Health Service Act 2006(16) or continued in existence by virtue of that section (in 2014 this was the NHS West Hampshire Clinical Commissioning Group).
• The Office of Rail Regulation
• The Solent Local Transport Body / Transport for South Hampshire
• The Marine Management Organisation.
• The Solent Local Enterprise Partnership.
• The Enterprise M3 Local Enterprise Partnership.
• The Hampshire and Isle of Wight Local Nature Partnership

Type D - Individuals

In addition to the above, any individual that has a particular interest in local planning, for example as a landowner or a local resident, can ask to be included in the Local Plan contacts database, and will receive notification of consultation stages in Local Plan preparation.

Anyone making a comment during public consultation stages of plan preparation will be added to the Local Plan contacts database and will receive further notifications (normally by e-mail) about the preparation of that document until the time it is adopted.

Appendix 2 - Neighbourhood Planning Protocol

https://www.newforest.gov.uk/neighbourhoodplanning

Neighbourhood Planning support

1.         Introduction and Purpose

1.1.      New Forest District Council supports the concept of Neighbourhood Planning and the potential it offers to communities to help shape the places where they live.    In deciding whether or how to progress a Neighbourhood Plan, communities will need to consider how they would carry out the work required to deliver an effective and evidence-based Neighbourhood Plan.

1.2.      There are a range of national and other published sources of information and advice on Neighbourhood Planning, and that advice is not repeated here (see appendix one for some useful links).  The aim of this note is to define the nature, scope and limitations of support that will be provided by New Forest District Council Planning Services to Town and Parish councils for the purposes of the preparation of a Neighbourhood Development Plan.  

1.3.      The note is also applicable to Neighbourhood Development Orders and Community Right to Build Orders. 

1.4.      Planning Services will coordinate the involvement of other parts of the Council as and when required, including involvement of Electoral Services at referendum stage.

1.5.      The District Council is responsible for:

a.    fulfilling certain statutory requirements at the beginning and end of the process (see section 3)

b.    the provision of proportionate advice and assistance (see section 4)

1.6.      This note outlines:

a.    how the District Council will undertake its statutory duties

b.    the level and extent of the technical advice and assistance that the District Council will provide
 

2.         Context: Neighbourhood Planning and the District Local Plan
 

2.1.      The primary focus and first priority of the District Council is the preparation and adoption of the Local Plan. The ability of the District Council to offer support and advice for Neighbourhood Planning will vary depending on the stage of the Local Plan and the workload of the Local Plan team.  

2.2.      The Local Plan Part One covers strategic matters including strategic housing allocations, and proposes strategic housing allocations in designated Neighbourhood Areas.  

2.3.      Other sites and policies will be progressed through the Local Plan Part Two, scheduled to commence in 2018.   The content and coverage of the Local Plan Part Two for designated Neighbourhood Areas would consider the aims and scope of Neighbourhood Plans and their progress.

3.         The statutory obligations of the District Council
 

3.1.      The District Council will fulfil its statutory Neighbourhood Planning obligations as required by the prevailing regulations, which include 
 

i       As soon as possible after receiving the Neighbourhood Area application, publicise and consult in accordance with the statutory timeframes (Regulation 6)

ii      To consider the consultation responses received, and (where appropriate) designate the Neighbourhood Area and publicise it on the NFDC website (Regulation 7) 
 

3.2.      Upon submission of a Plan Proposal by the Town/Parish Council to the District Council, the District Council will (liaising with the New Forest National Park Authority as appropriate):
 

i       Confirm to the Town or Parish Council whether or not the submission plan proposal complies with Regulation 15 of the Neighbourhood Planning Regulations

ii      Publicise and start consultation with the public on the submission plan proposal and other relevant documentation (Regulation 16)

iii     Contact the Neighbourhood Planning Independent Examiner Referral Service (or equivalent) and appoint an appropriately qualified and experienced examiner

iv     Submit the draft Neighbourhood Plan, supporting documents and representation to the Independent Examiner (Regulation 17) in a timeframe commensurate with the volume of representations received (Regulation 17)

v  Arrange an Examination hearing and date in consultation with the Town or Parish Council.  If a public hearing is required as part of the Examination process (rather than written representations), the hearing will be virtual if circumstances necessitate. If a physical hearing is possible and appropriate, wherever possible the venue will be in the local area.

vi     Publish a 'Decision Statement' (Regulation 18/19) as soon as practicable following the receipt of the inspector's examination report

vii    Subject to the Examiner's recommendations, make arrangements for holding the referendum, by post or digital means if necessary.

viii   Adopt the Neighbourhood Plan (Regulation 19/20) at the first available meeting of the District Council following confirmation of majority support at referendum, and make it available through the District Council website.
 

4.         District Council advice and assistance
 

4.1.      This section relates to the preparation of a draft Neighbourhood Plan by the Town / Parish Council prior to submission of a plan proposal to the District Council.

4.2.      For each Neighbourhood Area, the District Council will identify an officer from the Policy and Plans Team as the first point of contact.
 

Initial meeting

4.3.      At the request of the Town or Parish council and following designation of the Neighbourhood Area the liaison officer will host or attend an initial exploratory meeting on the first mutually acceptable date.    


 

Neighbourhood plan objectives, scope and working arrangements
 

4.4.      Before the District Council can provide technical advice or assistance on the preparation or proposed content of the Neighbourhood Plan the Town / Parish Council will first need to decide upon and provide a concise statement that sets out

•      the likely aims and objectives of the Neighbourhood Plan e.g. what it is seeking to influence, change, manage, protect or deliver

•      whether or not the Neighbourhood Plan will identify or allocate housing development sites large enough to accommodate ten or more homes

•      what other policy areas or issues the Neighbourhood Plan will address

•      proposed working and decision making arrangements and how they may be resourced

•      an indicative timetable
 

4.5.      The District Council accepts that the above matters may change over time.
 

Background Data and Evidence
 

4.6.      Upon request the Council will make electronically available or provide access to the following, subject as applicable to licensing, Data Protection and commercial confidentiality

•      Published reports and studies in the Local Plan evidence base

•      Mapping data (fees may be applicable)

•      Any other specific, relevant and proportionate requests for existing planning and environmental information for the Neighbourhood Area that is held by the District Council.
 

4.7.      The District Council will not be able to

•      Commission, tender for or carry out Sustainability Appraisal, Habitats Regulations Assessments, Environmental Impact Assessments, Flood Risk Assessments, Housing Need surveys or other such assessments as may be necessary

•      Commission, tender for or carry out research or forecasting for the Neighbourhood Area

•      Search for, extract or interpret third party data for the Neighbourhood Area

•      Prepare plans, maps or map-based analyses for the Neighbourhood Area.

Consultation and engagement
 

4.8.      The Neighbourhood Plan process is intended to be local community led.  It will be for the local Town or Parish Council to undertake their own Neighbourhood Plan public consultations and the District Council will generally not seek or expect to be involved other than as a consultee. Guidance specifically designed to support qualifying bodies, which includes Town or Parish Council, on the consultation process relating to the preparation of a Neighbourhood Plan is set out in Appendix 3 of this Statement.

4.9.      In addition to its statutory responsibilities the District Council will publicise the Neighbourhood Plan consultation on the District Council website with a link to the published draft Neighbourhood Plan.  

Policy and plan writing
 

4.10.    On request with advance notification and given sufficient time to respond the District Council will:

•      Comment on proposed policy approaches (including possible alternatives)

•      Provide initial advice on the application of sustainability appraisal to policy development

•      Review draft policies before they are finalised for consultation or publication and provide informal advice on their clarity, robustness and compatibility with the National Planning Framework and with the adopted and emerging District Local Plan.

4.11.    The District Council will not be able to:

•      Write or edit Neighbourhood Plan policies, supporting text or supporting documents

•      Undertake desk top publishing, design, printing, copying or distribution of Neighbourhood Plans or supporting documents.

Site allocation in Neighbourhood Plans
 

4.12.    Where the Town / Parish Council has committed allocating sites for development as part of the Neighbourhood Plan, the District Council will on request and where resources are available to do so

•      Share and explain the Local Plan Sustainability Appraisal Site Assessment  methodology

•      Briefly review and comment on any local site selection or appraisal methodology

•      Briefly review and comment on the draft results of a Town or Parish site assessment

•      Provide initial advice on Sustainability Appraisal and Habitats Regulations Assessment including Habitats impact mitigation

•      Advise what supporting technical assessments would be appropriate for any development site(s) proposed e.g. ecological surveys, flooding assessments

•      Comment briefly on site technical studies.

4.13.    Town and Parish Councils should encourage site promoters and land owners to seek pre-application advice from the District Council.  Where appropriate some of the above matters may be provided in the form of pre-planning application advice. 

4.14.    The District Council will not be able to:

•           Undertake site selection assessments on behalf of a Town or Parish Council preparing a Neighbourhood Plan

•           Carry out site technical assessments or background studies for the Neighbourhood Plan

•           Undertake detailed site design or masterplanning work unless contracted to do so by the Town or Parish Council.

Attendance of further meetings
 

4.15.    On invitation and subject to availability District Council officers may attend further meetings of the working group at critical decision points leading to consultation on or submission of the Neighbourhood Plan, or the identification of sites for development.  An agenda and relevant papers will be required two weeks in advance.

4.16.    District Council officers will not be able to attend routine steering or working group meetings or meetings at weekends or concluding after 8.30pm.  

 

Appendix 3 - Who should the Qualifying Neighbourhood Plan seek to engage with?

In preparing a Neighbourhood Plan the Qualifying Body will need to engage and consult with those living, working, with an interest in or affected by proposals and relevant consultees (such as infrastructure providers).  The community engagement undertaken by the Qualifying Body will need to be explained in the Consultation Statement required under Section 15(2), Part 5 of the Neighbourhood Planning (General) Regulations 2012(as amended) and which is submitted with the Plan for consideration by the Independent Examiner.  Failure to demonstrate that adequate engagement with the community and statutory consultees can lead to the Neighbourhood Plan being found to be unsound.

 It is important to recognise the mix of people in your community to ensure that everyone has the chance to engage in the process. Grouping residents and businesses into 'stakeholder' groups will help you to identify what methods you need to use to ensure you obtain their views. Typical stakeholders groups include:
 

• Schoolchildren (aged 5-16)
• Young people (aged 16 - 30)
• Older people
• Commuters (people living in the community but working outside)
• Community groups and societies
• Single parent families
• Persons with disabilities
• Faith groups
• People employed in the community
• Local businesses and landowners
• Black and minority ethnic groups including gypsies and travellers
• Families
• Voluntary organisations acting in the area

Appendix 4 - Publicising Planning and related Applications

Appendix 5 - How we will notify neighbours

Once a planning application has been registered, we will notify by letter all properties with a common boundary to the site, including to the rear, as is shown in the example below.

notifying neighbours (PDF, 226 KB)

Exceptions
 

We do not notify neighbours where the applications are for Certificates of Lawfulness for a Proposed Use or Development, Non-Material Amendments following a grant of planning permission, and Prior Notifications for Demolition of a building, erection of agricultural buildings and Prior Approvals  for changes of use (Class C, J, M, N, O, P, PA, Q, R, S, T).

Additional properties may be notified as the planning case officers will check on their site visit that appropriate neighbour notification have been carried out.
 

In addition to notifying by letter properties with a common boundary we will display a site notice at or near the application site.

Wider neighbour notification/consultation
 

Wider neighbour notification will be undertaken where the development proposed is considered to have the potential for wider impacts, such as a major development leading to significant traffic increases or the proposed development being widely visible and potentially visually obtrusive.

Appendix 6 -  Glossary

This annex provides supplementary information on some of the techniques mentioned in the Statement of Community Involvement, and on some of the acronyms found in the new planning system.
 

Appropriate Assessment

Part of the HRA process, considers the impacts of a plan or policy on the integrity of the European sites. Where there are adverse impacts, an assessment of mitigation options is carried out to determine adverse effects on the integrity of the site.

Council's website

www.nfdc.gov.uk or www.newforest.gov.uk

DPD

Development Plan Documents, are the main planning policy documents in the Local Plan. These include the Core Strategy which sets out the main planning strategy for the area.

Duty to Co-operate

The 'Duty to Co-operate' is set out in the Localism Act and ensures that local planning authorities work with neighbouring authorities and other public bodies to address strategic issues that affect local plans and cross administrative boundaries.

European Sites

A collective name for internationally important nature conservation sites, including Special Protection Areas (SPAs), Special Areas of Conservation (SACs) and Ramsar Sites. Areas of international nature conservation importance that are protected under the Habitats Directive and the Ramsar Convention for the benefit of the habitats and species they support.

HRA (Habitat Regulations Assessment)

An assessment of the impacts of implementing a plan or policy on international protected sites for nature conservation (European Sites and Ramsar sites - wetlands of international importance designated under the Ramsar Convention). Helps determine likely significant effect of a plan or project on international protected sites and, where appropriate, assess adverse impacts on the integrity of a site, and examines alternative solutions.

Local Plan contacts database

A list of names and contact details of specific consultees and others to be kept informed about the preparation of Local Development Framework documents by  NFDC

Local Development Scheme (LDS)

a sort of project plan for the preparation of the Local Development Framework. This sets out the timescales for preparing the Local Plan, including when each document will be consulted on.

NFDC

NewForest District Council

NPPF

National Planning Policy Framework, sets out the Government's key economic, social and environmental objectives and the planning policies needed to deliver them. Came into force in March 2012 and streamlined the existing suite of national planning policy documents into a single document (removing previous Planning Policy Statements and Circulars).

NPPG

National Planning Practice Guidance, brings together many areas of English planning guidance into a new online format to accompany the NPPF. It contains 41 categories; from 'Advertisements' to 'Water supply'. Each category contains sub-topics which when clicked on reveal a series of questions and answers.

Neighbour notification letters

Generally used for the advertising of planning applications, these inform property owners of planning applications submitted on adjoining property or land. The letters contain information about the proposed development, and explain how and when to comment.

Neighbourhood Plan

Communities can now set a vision for the future and establish general planning policies for the development and use of land in their neighbourhood in a document known as a Neighbourhood Plan. Can be detailed or general, depending on what local people want. Only become adopted policy if agreed by a majority in a local community referendum.

Plan Area

New Forest District Council area outside of the New Forest National Park (or part of that area) for which the District Council is the Local Planning Authority.

SA / SEA

Sustainability Appraisal / Strategic Environmental Assessment. In simple terms, a process of assessing the environmental, social and economic effects of policies and proposals in the Local Plan.

SCI

Statement of Community Involvement, a document which sets out how the Council will involve and consult the public and other organisations when preparing the Local Plan, and when determining planning applications.

SPD

Supplementary Planning Documents, another part of the Local Plan, these documents contain detailed guidance which supplements policies contained in Development Plan Documents.

Site notices

Planning applications are normally advertised using a notice posted in a convenient location near to the property or land to which the application relates. This notice both describes the proposed development, and gives details of how and when to comment.

Targeted consultation

This can take many forms, including sending early drafts of documents to specific organisations, or holding meetings with individuals or groups to discuss relevant issues. 'Targeted' means that the consultation will not be universal and will concentrate on those that the Council needs information or advice from at a particular stage in plan preparation.

Town & Parish Councils

The District is made up of 37 Town and Parish Councils. These local councils are able to prepare Neighbourhood Plans for their parish if they chose to do