Neighbourhood Plan Submission Checklist

Rogate & Rake Neighbourhood Development Plan (RRNP)

Submitted October 2020

STAGE	DESCRIPTION	ü / X	RELEVANT LEGISLATION & REGULATIONS	COMMENTS
1. Receipt of draft NDP by SDNPA	The draft plan includes: a. A map or statement identifying the area to which the plan relates b. The consultation statement – which contains details of those consulted, how they were consulted, summarises the main issues and concerns raised and how these have been considered, and where relevant addressed in the proposed NDP c. The proposed NDP d. a statement explaining how the NDP meets the ‘basic conditions’ e. Where appropriate, the information to enable appropriate environmental assessments if required or where it has been determined that a plan proposal is unlikely to have significant environmental effects, a statement of reasons for the determination.	ü ü ü ü ü	Neighbourhood Plan (General) Regulations 2012, Regulation 15 Para 8 Schedule 4B to the 1990 TCPA The Conservation of Habitats and Species Regulations 2010 as amended by Schedule 2 of the Neighbourhood Planning (General Regulations) 2012. i.e. Regs 102 & 102A	Neighbourhood Area was originally designated by South Downs National Park Authority 14 March 2013. Following a Parish Boundary change made by Chichester District Council and subsequent application from Rogate Parish Council, the neighbourhood area was amended and re-designated on 1^st October 2020. A map of Neighbourhood Development Plan area (which covers the entire parish area of Rogate) is on page 7 of the RRNP. b. A Consultation Statement has been submitted to support the RRNP. The Consultation Statement is an extensive and comprehensive document that sets out stakeholder involvement and the means of consultation together with a detailed account of public engagement activity up until the Regulation 14 consultation on the Pre-Submission Plan. This consultation period ran from 20^th June to the 18^th August 2017. A number of appendices accompany the Consultation Statement. Details of the Pre-submission consultation are set out within the document including a list of those organisations consulted. Regulation 14 representations from statutory bodies are included in the appendices and changes made to the plan in response to the comments are also included. c. On behalf of Rogate Parish Council, the Submission Rogate & Rake Neighbourhood Plan (RRNP) and its supporting evidence was submitted to South Downs National Park Authority under Regulation 15 of The Neighbourhood Planning (General) Regulations 2012 (as amended) on 5^th October 2020. d. A Basic Conditions Statement has been submitted. Conformity with National Policy is set out at Section 3 (page 7 onwards), a description of how the plan contributes to achieving sustainable development is explained in Section 4 (page 9 onwards). General conformity with the strategic policies in the development plan is set out in Section 5 (page 18 onwards) and Section 6 of the Basic Conditions Statement describes how the RRNP is compatible with EU obligations on page 20. e. A Submission Sustainability Appraisal (incorporating Strategic Environmental Assessment) and Habitats Regulations Assessment have been submitted with the RRNP.
2. SDNPA assessment of the proposed neighbourhood plan	a. Is it a repeat plan proposal? b. Is the parish / town council authorised to act? c. Do the proposal and accompanying documents; ·comply with the rules for submission to the LPA (1a-e) ·meet the ‘definition of a NDP’ ·meet the ‘scope of NDP provisions’ Definition of a NDP = “is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.” Scope of NDP provisions = ·The NDP must specify the period for which it is to have effect ·It cannot include provision about development that is ‘excluded development’[1] ·It cannot relate to more than one neighbourhood area or repeat an existing planning permission d. Has the parish / town council undertaken the correct procedure in relation to consultation and publication?	X ü ü ü ü ü	1990 Act Schedule 4B para 5 & Regulation 18 38 A and B Section 61(G) of the Town and Country Planning Act 1990 (as amended) 2004 Planning & Compulsory Purchase Act as amended by the Localism Act Section 38 A (2) 2004 Act Section 38B (1& 2) (4)	a. No, an NDP proposal for Rogate Neighbourhood Area was submitted by the QB in 2018 and subsequently withdrawn to allow necessary SEA and HRA work to be undertaken. b. Rogate Parish Council was established as the Qualifying Body, responsible for the preparation of the RRNDP when the Neighbourhood Area was originally designated by on 14^th March 2013. The Parish Council submitted the NDP and accompanying documents in October 2020. c. The RRNDP contains 14 planning policies which are in relation to development and the use of land. The Neighbourhood Plan does allocate housing. The time period for the RRNDP is 2020 - 2033, as stated on the front cover of the NDP. The RRNDP does not include policies on excluded development. The RRNDP contains policies which only relate to the Rogate Neighbourhood Area. d. Rogate Parish Council has undertaken a programme of consultation on the RRNP in accordance with the Neighbourhood Planning (General) Regulations 2012. The Consultation Statement which was submitted with the Neighbourhood Plan describes the consultation process which has been used to develop the RRNP. The statement also describes the consultation events and different methods of communication used to ensure the RRNP reflects the views of the wider community. The Consultation Statement Appendix 10 sets out all the comments received on the Pre Submission consultation (Regulation 14).
3. Notification of the Council’s decision	The NPA must notify the parish / town council whether or not they are satisfied that the proposal complies with the criteria for a neighbourhood plan. Where it is not satisfied the Council can refuse and must notify them of the reasons. It must also publicise its decision in a ‘decision statement’			Confirmation of receipt of the NDP sent 12^th October 2020. N/A Published submission checklist at https://www.southdowns.gov.uk/planning/planning-policy/neighbourhood-planning/neighbourhood-development-plans/rogate-neighbourhood-plan/ on 19^th October 2020.
4. Publicising the NDP proposal	The SDNPA is required to publicise on its website: a. the details of the plan, b. where and when it can be inspected c. how to make representations on the plan proposals d. that a representation can include a request to be notified of the LPA decision on the plan proposal, and e. the deadline for receipt of representations The NPA is required to notify the bodies referred to in the consultation statement that the plan has been received as soon as possible.	ü	Neighbourhood Plan (General) Regulations 2012, Regulation 16	SDNPA anticipate publication of the submission RRNP and supporting documents on Monday 19^th October for a period of 8 weeks to 14 December 2020. Notification will be sent on 19 October 2020 (via email)
5. Appointment of examiner	The SDNPA appoints an independent examiner with the consent of the parish / town council		1990 Act Schedule 4B para 6	To be appointed

STAGE

DESCRIPTION

ü / X

RELEVANT LEGISLATION & REGULATIONS

COMMENTS

1. Receipt of draft NDP by SDNPA

The draft plan includes:

a. A map or statement identifying the area to which the plan relates

b. The consultation statement – which contains details of those consulted, how they were consulted, summarises the main issues and concerns raised and how these have been considered, and where relevant addressed in the proposed NDP

c. The proposed NDP

d. a statement explaining how the NDP meets the ‘basic conditions’

e. Where appropriate, the information to enable appropriate environmental assessments if required or where it has been determined that a plan proposal is unlikely to have significant environmental effects, a statement of reasons for the determination.

Neighbourhood Plan (General) Regulations 2012, Regulation 15

Para 8 Schedule 4B to the 1990 TCPA

The Conservation of Habitats and Species Regulations 2010 as amended by Schedule 2 of the Neighbourhood Planning (General Regulations) 2012. i.e. Regs 102 & 102A

Neighbourhood Area was originally designated by South Downs National Park Authority 14 March 2013. Following a Parish Boundary change made by Chichester District Council and subsequent application from Rogate Parish Council, the neighbourhood area was amended and re-designated on 1^st October 2020. A map of Neighbourhood Development Plan area (which covers the entire parish area of Rogate) is on page 7 of the RRNP.

b. A Consultation Statement has been submitted to support the RRNP. The Consultation Statement is an extensive and comprehensive document that sets out stakeholder involvement and the means of consultation together with a detailed account of public engagement activity up until the Regulation 14 consultation on the Pre-Submission Plan. This consultation period ran from 20^th June to the 18^th August 2017.

A number of appendices accompany the Consultation Statement. Details of the Pre-submission consultation are set out within the document including a list of those organisations consulted. Regulation 14 representations from statutory bodies are included in the appendices and changes made to the plan in response to the comments are also included.

c. On behalf of Rogate Parish Council, the Submission Rogate & Rake Neighbourhood Plan (RRNP) and its supporting evidence was submitted to South Downs National Park Authority under Regulation 15 of The Neighbourhood Planning (General) Regulations 2012 (as amended) on 5^th October 2020.

d. A Basic Conditions Statement has been submitted. Conformity with National Policy is set out at Section 3 (page 7 onwards), a description of how the plan contributes to achieving sustainable development is explained in Section 4 (page 9 onwards). General conformity with the strategic policies in the development plan is set out in Section 5 (page 18 onwards) and Section 6 of the Basic Conditions Statement describes how the RRNP is compatible with EU obligations on page 20.

e. A Submission Sustainability Appraisal (incorporating Strategic Environmental Assessment) and Habitats Regulations Assessment have been submitted with the RRNP.

2. SDNPA assessment of the proposed neighbourhood plan

a. Is it a repeat plan proposal?

b. Is the parish / town council authorised to act?

c. Do the proposal and accompanying documents;

·comply with the rules for submission to the LPA (1a-e)

·meet the ‘definition of a NDP’

·meet the ‘scope of NDP provisions’

Definition of a NDP = “is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.”

Scope of NDP provisions =

·The NDP must specify the period for which it is to have effect

·It cannot include provision about development that is ‘excluded development’[1]

·It cannot relate to more than one neighbourhood area or repeat an existing planning permission

d. Has the parish / town council undertaken the correct procedure in relation to consultation and publication?

1990 Act Schedule 4B para 5 & Regulation 18

38 A and B

Section 61(G) of the Town and Country Planning Act 1990 (as amended)

2004 Planning & Compulsory Purchase Act as amended by the Localism Act Section 38 A (2)

2004 Act Section 38B (1& 2) (4)

a. No, an NDP proposal for Rogate Neighbourhood Area was submitted by the QB in 2018 and subsequently withdrawn to allow necessary SEA and HRA work to be undertaken.

b. Rogate Parish Council was established as the Qualifying Body, responsible for the preparation of the RRNDP when the Neighbourhood Area was originally designated by on 14^th March 2013. The Parish Council submitted the NDP and accompanying documents in October 2020.

c. The RRNDP contains 14 planning policies which are in relation to development and the use of land. The Neighbourhood Plan does allocate housing.

The time period for the RRNDP is 2020 - 2033, as stated on the front cover of the NDP.

The RRNDP does not include policies on excluded development.

The RRNDP contains policies which only relate to the Rogate Neighbourhood Area.

d. Rogate Parish Council has undertaken a programme of consultation on the RRNP in accordance with the Neighbourhood Planning (General) Regulations 2012. The Consultation Statement which was submitted with the Neighbourhood Plan describes the consultation process which has been used to develop the RRNP. The statement also describes the consultation events and different methods of communication used to ensure the RRNP reflects the views of the wider community. The Consultation Statement Appendix 10 sets out all the comments received on the Pre Submission consultation (Regulation 14).

3. Notification of the Council’s decision

The NPA must notify the parish / town council whether or not they are satisfied that the proposal complies with the criteria for a neighbourhood plan.

Where it is not satisfied the Council can refuse and must notify them of the reasons.

It must also publicise its decision in a ‘decision statement’

Confirmation of receipt of the NDP sent 12^th October 2020.

N/A

Published submission checklist at https://www.southdowns.gov.uk/planning/planning-policy/neighbourhood-planning/neighbourhood-development-plans/rogate-neighbourhood-plan/ on 19^th October 2020.

4. Publicising the NDP proposal

The SDNPA is required to publicise on its website:

a. the details of the plan,

b. where and when it can be inspected

c. how to make representations on the plan proposals

d. that a representation can include a request to be notified of the LPA decision on the plan proposal, and

e. the deadline for receipt of representations

The NPA is required to notify the bodies referred to in the consultation statement that the plan has been received as soon as possible.

Neighbourhood Plan (General) Regulations 2012, Regulation 16

SDNPA anticipate publication of the submission RRNP and supporting documents on Monday 19^th October for a period of 8 weeks to 14 December 2020.

Notification will be sent on 19 October 2020 (via email)

5. Appointment of examiner

The SDNPA appoints an independent examiner with the consent of the parish / town council

1990 Act Schedule 4B para 6

To be appointed

[1] ‘Excluded development’ = County matter i.e. relating to minerals, any operation or class of operation relating to waste development, development that falls within Annex 1 to Council Directive 85/337/EEC i.e. Oil refineries, power stations, radioactive waste disposal, iron and steel smelting, asbestos operations, chemical installations, motorways, airports, ports and toxic and dangerous waste disposal. Development consisting wholly or partly of a national infrastructure project