rushcliffe statement of community involvement adopted 2007

8/13/2019 Rushcliffe Statement of Community Involvement Adopted 2007

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Rushcliffe Statement of Community Involvement

- Adopted June 2007

Rushcliffe Statement of Community Involvement - Adopted June 2007


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Contents

51 Introduction

72 The Development Plan

7The Local Development Scheme

9Local Development Documents

11Supplementary Planning Documents

12Annual Monitoring Report

12Sustainability Appraisal of Local Development Documents

133 Standards of Community Involvement

194 Planning Applications

19Pre Application Stage

20Planning Application Stage

255 Monitoring and Review

276 Further Information

Appendices

30A STATEMENT OF COMMUNITY INVOLVEMENT : THE PROCESS

34

B ASSESSING THE SOUNDNESS OF STATEMENTS OF COMMUNITY INVOLVEMENT

36C STATUTORY CONSULTEES

40D NON-STATUTORY CONSULTEES

44E CONSULTATION METHODS

56

F SUMMARY OF STAGES OF COMMUNITY INVOLVEMENT DEVELOPMENT PLAN

DOCUMENTS

70G GLOSSARY


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1 Introduction

1.1 The statement sets out the Borough Councils vision and standards for community

involvement, and how these will link with other local initiatives such as the Community Strategy

and the Local Strategic Partnership (LSP). The Borough Council will ensure that land use issues

raised by the LSP are taken into account in the early stages of preparing Development Plan

Documents. This will involve discussions with the LSP Special Interest Groups as well as the

individual members of the LSP in their respective capacities, at all key stages of the LDFprocess.

1.2 The Statement of Community Involvement not only sets out how the Borough Council will

consult with the community and stakeholders on Local Development Documents, it also sets

out how the Borough Council will consult on all planning applications made to the Borough

Council.

1.3 This is the formally adopted version of the Statement of Community Involvement (SCI)

for Rushcliffe Borough. The preparation of a SCI is required in accordance with the new

Planning and Compulsory Purchase Act (2004) and the Town and Country Planning (Local

Development) (England) Regulations 2004 which came into force in September 2004. Theaim of the Act is to introduce a simpler and more effective planning system and a major element

of this is to strengthen community involvement.

1.4 As part of the new plan-making system brought in under the Planning and Compulsory

Purchase Act 2004 the District Council must produce a Statement of Community Involvement.

This should set out how the Council intends to engage with and involve the community in

producing its new Local Development Framework and in deciding planning applications.

1.5 The new system requires:

a strong evidence base which is accessible and transparent;the promotion of community engagement and involvement in the planning process to all

sections of the community.

1.6 The Government has identified the main benefits of community involvement as:

strengthening the evidence base for plans, strategies and planning decisions;

community commitment to the future development of an area;

promoting regeneration and investment; and

fostering ownership and strengthening delivery.


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1.7 For community involvement to be successful it must involve an inclusive approach based

on the differing needs of the various parts of the community. The Council therefore wishes to

use the most effective means to enable people to be informed and to contribute throughout the

plan-making process. The aim is to ensure that all groups in the Borough are involved in the

process early enough for people to be able to have an input, and to address the needs of those

groups of people who traditionally have not been involved in the process but may have specific

needs to be met or addressed. It is important that all views are sought, not just those of people

with a direct interest in a land use proposal.

1.8 The SCI is a Local Development Document and is therefore subject to a formal process,

as set out in Appendix A of this document.

1.9 As a first step, early input was requested from a range key stakeholders as part of an

options stage during November/December 2005.

1.10 Public consultation on the Draft SCI, which was prepared taking account of the comments

made at the Options stage, was undertaken in May 2006. Comments made at this stage were

considered by Cabinet in November 2006 and amendments to the document approved for

inclusion within the Submission Draft of the SCI.

1.11 The SCI was submitted to the Secretary of State via the Government Office for the East

Midlands for Independent Examination, to assess its soundness, and it was placed on formal

deposit for a further six weeks commencing on 10 November 2006. Following the consideration

of the document by an independent Inspector the Borough Council adopted the SCI on 5 June

2007 as changed by the Inspectors Report on 20 March 2007. The SCI now forms part of the

Borough Councils Local Development Framework.




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2 The Development Plan

The Local Development Scheme

2.1 The Planning & Compulsory Purchase Act 2004 came onto effect on 28 September 2004

(the Commencement Date) and changes the form and scope of the Development Plan for

Rushcliffe.

2.2 The Borough Councils Local Development Scheme (LDS) formally took effect in April

2005. It sets out the programme of how the Borough Council intends to produce the Local

Development Framework (LDF), indicating what documents will be produced and when. The

LDS identifies Development Plan Documents (DPDs) and Supplementary Planning Documents

(SPDs) that are to be prepared, and these are explained in more detail below.

2.3 Each of the documents to be prepared will also be accompanied by a Sustainability

Appraisal (SA) to ensure that what is being proposed has been considered in relation to

economic, social and environmental issues. The Sustainability Appraisal will be published

alongside the draft Development Plan Document or Supplementary Planning Document.

2.4 The SCI sets out the different consultation arrangements that will apply to all of these

different types of document.

2.5 The Rushcliffe Replacement Local Plan was withdrawn in September 2006 and work

commenced on the preparation of the Local Development Framework which will be prepared

in accordance with the emerging East Midlands Regional Plan. The East Midlands Regional

Plan will set the long term spatial strategy for the region for the period 2001 to 2026 and is

likely to be approved in early 2008, following detailed consultation and an Examination in Public

programmed for May / June 2007. Following the withdrawal of the Replacement Local Plan

and prior to the adoption of the main elements of the LDF the Council has adopted the

non-allocation elements of the Replacement Local Plan on a non-statutory basis for DevelopmentControl purposes. Prior to the adoption of the Regional Spatial Strategy, the strategic element

of the Development Plan is provided by the Nottinghamshire and Nottingham Joint Structure

Plan prepared by the City and County Councils.

2.6 The Local Development Framework is effectively a portfolio of local development

documents which collectively deliver the spatial planning strategy for the Local Planning

Authoritys area. The Local Development Scheme will comprise Development Plan Documents,

which form part of the statutory development plan, Supplementary Planning Documents (SPDs)

and 'saved' policies where appropriate.

2.7 The Local Development Framework will consist of the following Local Development

Documents:


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Statement of Community Involvement (SCI)

Core Strategy

Site specific allocations of land

Generic Development Control policies

Affordable Housing Supplementary Planning Document

Design Guidance Supplementary Planning Document

Open Space Sport and Recreation Supplementary Planning Document

Development Requirements Supplementary Planning Document

Figure 2.1 The Rushcliffe Local Development Framework

The Development Plan

Affordable HousingSupplementary

Planning

Document

Development RequirementsSupplementary

Planning

Document

RegionalSpatial

Strategy

RushcliffeLocal

Development

Framework

Core Strategy

Site Specific Allocations

Generic Development

Control Policies

Open Space & RecreationSupplementary

Planning

Document

Design GuidanceSupplementary

Planning

Document

Rushcliffe Local Development Framework

Statement ofCommunityInvolvement

AnnualMonitoring

Report

Local Development Scheme




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Local Development Documents

2.8 This section sets out the key consultation stages for preparing Development Plan

Documents (DPDs).

2.9 Government guidance document Creating Local Development Frameworks, a Companion

Guide to PPS12 indicates that it should take roughly 32 months for a Development Plan

Document to progress from pre-production to adoption. The preparation of Development Plan

Document can be divided into four stages, as follows:

Pre-production (Issues and Options)

This is an initial survey and evidence gathering stage, which will help identify issues which

need to be addressed, and the initial document preparation stage. At this stage, where

required under the European Strategic Environmental Assessment (SEA) Directive

(2001/42/EC), a 5 week consultation on the SEA/ Sustainability Appraisal (SA) Scoping

Report will be undertaken with the Countryside Agency, English Heritage, English Nature

and the Environment Agency.

Production (Preferred Options)

This is a formal stage of the consultation process, which builds on the previous stage, and

consists of a 6 week consultation period to allow written comments to be submitted. The

aim is to give people a formal opportunity to comment on how the Borough Council is

approaching the preparation of each document in the LDF and its accompanying SA, and

to ensure the Borough Council is aware of all possible options before it prepares the final

submission document. After the 6 week period has expired, full consideration will be

given to all comments made and further discussions may be entered into. Work will then

commence on the preparation of a Submission Document.

In terms of handling general representations, copies of all documentation will be made

available at the Civic Centre during normal office hours, local libraries, published on the

Councils website and sent to the Secretary of State (4 paper copies and one electronic

version) in conjunction with the statement of the total number of representations made,

copies of representations and a summary of the main issues.

For site allocation representations, the documentation will be sent to consultees, and

publicised by local advert, as well as being made available at the Civic Centre during normal

office hours, local libraries and published documents on the website advising their

availability. Notices will advise of the period within which representations must be made

and to be returned to the Borough Council by letter or e-mail.


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Submission Stage

Once the final document is submitted a 6 week formal consultation period for the document

and its final SA report will take place, within which any comments can be made.

As soon as is practicable after the 6 week consultation period is complete, the Council will

put on deposit at the Civic Centre during normal office hours, local libraries and on the

Councils website, the representations to the Submission DPD.

If representations have been made to the DPD which propose any alternative or additional

development sites or changes to any proposed boundaries that have been suggested,

then the Council will advertise and inform people and allow a further six weeks of deposit

to allow people to submit representations in response to the alternatives suggested. This

only applies to site or boundary changes proposed to sites and not to other representations

made.

For site allocation representations, the representation with the statement of the matters

will be made available at the Civic Centre and local libraries during normal office hours

and will be published as documents on the website (where practicable) advising of their

availability. Site address, notice of matters and statement of availability will be sent to DPDbodies. Local advertisement will be made of the matters and that the site allocation

representation is available for inspection at the Civic Centre and at the local libraries during

office hours. It will advise of the period within which representations must be made and to

be returned to Planning Policy section by letter or e-mail at the Civic Centre.

The Borough Council may then discuss individual representations further to consider

whether any agreement or compromise can be reached. However, in some instances the

representations will be recorded for an Inspector to consider within the next formal stage.

Independent Examination

The Development Plan Document will be subject to independent examination into its

soundness by an Independent Planning Inspector instructed by the Secretary of State.

Any representations that are made at the submission stage and not resolved will be

considered by the Inspector, either in writing, at informal or formal hearings or through

round table discussions. The examination will also assess whether the Development

Plan Document has been prepared properly and assess the merit of its policies and

proposals, including whether it has been prepared in accordance with the Statement of

Community Involvement. A report will then be prepared by the Inspector which will identify

any changes that are to be made. The Borough Council will then be obliged to make these

changes, as the Inspectors Report will be binding on the Borough Council.




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Adoption

This is a formal process for the Council to adopt the documents as part of the Local

Development Framework. The DPD, adoption statement and sustainability appraisal will

be made available for inspection during normal office hours at the Civic Centre and local

libraries. The adoption statement will be published on the Councils website and notice

given by local advertisement of the adoption statement, noting availability at the Civic

Centre and local libraries. The adoption statement will also be sent to any person asked

to be notified and to the Secretary of State via the Government Office for the East Midlands.

2.10 An indicative timetable based on the above stages has been produced detailing those

Development Plan Documents the Borough Council intends to produce over the next six years

and this is shown in the Local Development Scheme.

Supplementary Planning Documents

2.11 This section deals with the key stages in preparing Supplementary Planning Documents

(SPDs).

2.12 The production of Supplementary Planning Documents will follow a similar process, but

does not include an independent examination stage. SPDs have to be linked to a policy or

policies contained within a Local Development Document, or to a saved policy. Consultation

on SPDs is a formal requirement before they can be adopted, although there is no independent

examination. The consultation stages for Supplementary Planning Documents include:

Pre-production (Issues and Options)

Preparation of draft SPDs and the accompanying sustainability appraisal.

Production(Preferred Options)

The draft SPD and sustainability appraisal are issued for public participation. This is a

formal consultation stage and consists of a 4-6 week period to allow written comments to

be submitted. The aim is to give individuals a formal opportunity to comment on the content

of the SPD.

After the formal consultation period has expired the Borough Council considers all

representations amending documents as appropriate and the Final SPD is prepared.


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Adoption

The Borough Council formally adopts and publishes the SPD as part of the Local

Development Framework.

Annual Monitoring Report

2.13 Review and monitoring are key aspects of the Governments plan, monitor and manageapproach to the planning system. The Council is required to submit an Annual Monitoring

Report to the Secretary of State, via the Government Office for the East Midlands, by December

each year for the proceeding April to March period.

2.14 The purpose of the document is to set out progress against the programme for preparing

DPDs and SPDs as set out in its Local Development Scheme and also to assess policy

implementation. Any variation in this programme will be detailed in the AMR. The AMR will

be available on the Borough Councils website or for inspection at the Civic Centre.

Sustainability Appraisal of Local Development Documents

2.15 All DPDs and SPDs produced will be subject to a Sustainability Appraisal (SA) to ensure

that what is being proposed has been considered in relation to economic, social and

environmental issues and are subjected to consultation, alongside the parent DPD. These

documents will be available on the Borough Councils website and at the Civic Centre. In

addition, the European SEA Directive (2001/42/EC) requires a formal Strategic Environmental

Assessment of certain plans and programmes which set the framework for future development

consent of projects that are likely to have a significant effect upon the environment.




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3 Standards of Community Involvement

3.1 Minimum standards for community involvement in the preparation of the Local Development

Framework are set out in the Regulations. The Regulations require the Council to place all

documentation on its website together with supporting information, make all relevant material

available for inspection at the Civic Centre and other suitable places, send copies to the

Government Office and to each statutory consultee and advertise in local newspapers.

3.2 The Council will ensure that account is taken of the implications of Section 17 of the Crimeand Disorder Act.

3.3 The Council will comply with the general duty in the Race Relations (Amendment) Act

2000 and have due regard to the need to eliminate unlawful racial discrimination and promote

equality of opportunity and good relations between persons of different racial groups.

3.4 The Council will comply with the Disability Discrimination Act 1995 by not discriminating

against disabled people and providing an equal quality of service.

3.5 In addition the Council will adhere to the following key consultation principles when

consulting on the Local Development Framework;

Consultation will be transparent, open and accessible to all sections of the community,

enabling the community to engage with the planning system at the earliest opportunity,

in a way that is accessible to all, not just those who are familiar with the planning system.

3.6 The Councils aim is to involve the public and all consultees at the earliest opportunity

when producing all Local development documents to ensure that they can take an active part

in developing proposals and options. This approach will ensure that participants can see that

their comments have made a significant contribution to the development of strategies and this

will lead to a sense of ownership of final proposals. Such consultation will continue throughout

the development process. The Council will endeavour to ensure that attention is drawn in anappropriate form to all changes to emerging documents so that interested parties are made

fully aware of all such changes. Full details of the various consultation methods to be used are

set out in Appendix E.

Methods of Community Engagement

3.7 The nature of community involvement will vary depending on the type of planning document

being produced as :


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Development Plan Documents these must go through specified stages of community

involvement before being submitted to a Government Inspector for examination and

decision;

Supplementary Planning Documents these will also be subject to public scrutiny (but not

independent examination) but will be adopted by the Council itself.

3.8 The scale and extent of community involvement will also vary depending on the subject

of the planning document. For example, the Core Strategy will require widespread consultation

across the District and with national and regional bodies, while an action plan for a particular

area will involve much more localised consultation.

3.9 The Council has identified four categories of consultation bodies that will be included at

various stages of the involvement process, as follows:-

1. Statutory consultees as set out in the Town and Country Planning (Local

Development) (England) Regulations 2004 and in Planning Policy Statement

12: Local Development Frameworks. Listed in Appendix C.

2. Non-statutory consultees. Listed in Appendix D.

3. Local community including Borough residents, service users and non-users,

tenants associations, the voluntary sector, community and religious groups,

MPs, pressure groups, other interest or need based groups, businesses,

employers and recognised trade unions and funding partners.

4. Hard to reach groups including, amongst others, young people, older people,

black and minority ethnic communities (BME) and individuals, lesbian and gay

people, people with disabilities, Gypsies & Travellers and homeless people.

This will be in compliance with the Race Relations (Amendment) Act (2000)

and the Disability Discrimination Act (1995) and circular 01/2006 Planning for

Gypsy and Traveller caravan sites. At regular intervals, the Borough Councilwill invite the public to suggest groups that should be considered for inclusion

on the consultation database.

3.10 Over and above the minimum standards detailed above the Council intends to continue

the approach taken in consulting on previous Local Plan / Development Plan Documents and

will ensure a comprehensive consultation process is undertaken for each document. This

process will vary depending upon the type of document being prepared and the details of the

process are set out below.

The Council will make extensive use of the internet to make information available on the

progress of its Local Development Documents. The Local Development web pages will




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be kept up to date and will be interactive, allowing representations to be submitted

electronically where appropriate.

Make all relevant material available for inspection at the Civic Centre, place copies of the

relevant documents at local libraries and with relevant parish councils for the period for

which it is open for comment;

Send copies to the Government Office and to each statutory consultee (having regard to

the guidance set out in the Governments Planning Policy Statement 12;

At each key stage inform all consultation bodies as well as parties who have made previous

representations. This contact information will be retained on a Local DevelopmentFramework database which will be available for inspection at the Civic Centre;

Notices will be published in local newspapers circulating in the area and press releases

will be made available to the local media at all key stages in the preparation of the Local

Development Framework.

Exhibitions, workshops and focus groups will be employed throughout the process, where

relevant, although the format may vary depending on the issues to be discussed. The

objectives of each workshop and focus group will be clearly set out beforehand. Careful

consideration will be given to venues, timing and participants to ensure that events are as

effective as possible.

The Local Strategic Partnership which represents a wide range of interests across theDistrict will be involved to provide a means for conveying information and views on various

issues to the Borough Council. The LSP employs a wide range of consultation techniques,

from facilitated workshops to directly targeted questionnaires and postal surveys. The LDF

team actively participate within the work of the LSP and will also use the LSPs consultation

processes to engage with a wide range of groups and bodies. Full details of the activities

of the LSP can be found within the Rushcliffe Community Strategy.

The Council will acknowledge all representations received and will prepare summaries of

such representations. Persons and bodies registered on the Local Development Framework

database will be informed of the availability of these summaries.

The Council will process and analyse responses as quickly as possible and will ensure

that results of this consultation are made available at the earliest opportunity. Reports on

the results of consultation will be made available on our websitewww.rushcliffe.gov.uk, in

all libraries throughout the Borough and at Rushcliffe Civic Centre.

Those commenting upon documents and registered persons and bodies will also be

informed of Council decisions and will be notified of key dates in the timetable.

3.11 Any Local Development Framework document can be made available in alternative

formats and languages. Anyone wishing to request a planning document in an alternative format

or language should contact the Planning Policy team on (0115) 9819911.

3.12 Further assistance about engaging with the planning process is available through PlanningAid. East Midlands Planning Aid Service provides free, independent and professional advice

to people and communities who could otherwise not afford it. Planning Aid can help people to:


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Understand and use the planning system

Participate in preparing plans

Prepare their own plans for the future of their community

Comment on planning applications

Apply for planning permission or appeal against refusal of permission

Represent themselves at public inquiries.

3.13 Further details of planning aid can be found at www.planningaid.rtpi.org.uk , or by phoning

the local office on 0115 852 4266.

COMMUNITIES AND STAKEHOLDER GROUPS

3.14 The Council maintains a comprehensive database of community and stakeholder groups,

which will be kept up to date throughout the Local Development Framework process. Anyone

wishing to be included on the Local Development Framework database can do so by completing

an on line form on the Planning Policy pages of the Councils website, which can be found at

http://www.rushcliffe.gov.uk/doc.asp?cat=8282

3.15 The types of groups which will be involved include:

Those representing the wider community, including the local strategic partnership, parish

councils, residents associations, area forums, and other community groups;

Those representing the business community, including chambers of trade;

Special interest groups, such as conservation societies and nature conservation bodies;

Hard to reach groups;

Developers and property and development interests; and

Statutory bodies, including adjoining authorities, and regional and national agencies.

Hard to reach groups

3.16 The Council will develop a comprehensive contact database of groups who do not find

it easy to access the planning process. This will include amongst others, young people, older

people, black and minority ethnic communities (BME) and individuals, lesbian and gay people,

people with disabilities and homeless people. The Council will invite the public to suggest

groups that should be considered for inclusion on the consultation database and will ensure

that contact details are kept up to date throughout the Local Development Framework process.

This activity will be undertaken in compliance with the Race Relations (Amendment) Act (2000)

and the Disability Discrimination Act (1995).


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Statement of Consultation

3.17 The Council will follow the standards set out within the Statement of Community

Involvement when producing any planning document which forms part of the Local Development

Framework. When each document is published for consultation it must be supported by a

statement setting out the form of community involvement undertaken in that particular case.

Where applicable, if an Inspector finds that the Council has not followed the standards set out

in its Statement of Community Involvement then the planning document could be withdrawn.

Resources

3.18 Community involvement will be led by the Councils Planning Policy Team but will require

a corporate effort across the Council, involving officers from across the authority.

3.19 The resources to be devoted to the preparation of the Local Development Framework

are set out in the Councils Local Development Scheme. This scheme has been agreed with

the Government Office and the Planning Inspectorate. The issue of resourcing will be kept

under review as part of the Local Development Scheme and the Annual Monitoring Report.

The Local development Scheme indicates that the following resources will be used in preparing

the SCI;

3 officers from the Planning Policy team to work on the SCI together with the Head

of Community Development, the Community Partnerships Officer and the Head of

Communications.


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4 Planning Applications

4.1 Planning decisions can often be controversial. There will often be good reasons for and

against any development and the Borough Council must apply planning criteria in a reasonable

manner. The decision making process should be as clear, transparent and inclusive as possible.

The number of objections to a proposal is not a determining factor and applications can only

be refused for clear planning-related reasons. If planning permission is refused applicants have

a right of appeal to the Secretary of State. However, if permission is granted, objectors have

no such right under the current legislation.

4.2 This Statement of Community Involvement sets out the Borough Councils policy for

consulting the community on planning applications, setting out what we will do and when.

4.3 The Borough Council is not responsible for determining all planning applications within

the Borough. Nottinghamshire County Council control certain categories of applications, such

as minerals and waste developments and in these cases, they will be responsible for any

consultation.

4.4 At all stages of the planning process, including information, consultation, participation

and feedback, the Borough Council will:-

supply general advice and guidance to the public and a duty officer to answer enquiries.

ensure that all administrative, procedural and technical enquiries can be dealt with by an

appropriately qualified and experienced officer during normal office opening hours.

Pre Application Stage

4.5 At the pre-application stage, the Borough Council will:-

Publish and update advice about the information required when submitting planning

applications on the Borough Councils website;Actively encourage and hold pre-application discussions with prospective applicants

whatever the scale proposed. For the larger proposals or those which may give rise to

local controversy, on sensitive sites or of a significant scale, consultation may be carried

out with technical consultees such as County Highways and the Environment Agency;

For the more significant applications, applicants will be encouraged to engage with the

community including holding exhibitions and other events to publicise their proposals;


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Planning Application Stage

Statutory Publicity

4.6 The Borough Council is required by law to give publicity to all planning applications. (See

the Town and Country Planning (General Development Procedure) Order 1995 and the Planning

(Listed Buildings and Conservation Areas) Regulations 1990.) Further guidance is provided by

Circular 15/92 Publicity for Planning Applications. The Borough Councils publicity policy for

various categories of applications is set out in the following table:-

Table 4.1 Publicity for Planning Applications

Publicity RequiredType of Development

Notice in local newspaper and either a site

notice and/or neighbour notification letter as

appropriate.

Major Development:

10 or more dwellings or, where the site is

0.5 ha or more; and

for all other uses, floor space of 1000 sq

m or more or site area of 1 ha or more.

Site notice or neighbour notification.Minor and other Development

Notice in local newspaper and a site notice

and neighbour notification letter as

appropriate.

Where an application is accompanied by an

EIA, does not accord with the development

plan or affects a Public Right of Way.

Site notice or neighbour notification letter at

the discretion of the Borough Development

Officer.

Other Proposals:

Affecting Trees subject to Tree

Preservation Order (TPO);

Affecting Public Rights of Way;

Applications for Advertisement ConsentTelecommunications Notifications

Notice in local newspaper and site notice.Listed Buildings and development in

Conservation Areas

Dependent on the type of amendment and at

the discretion of the Borough Development

Officer.

Amendments to Planning Applications

People who have previously made comments

will be notified by letter as well as all originalconsultees.

Appeals




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Publicity RequiredType of Development

Invitation to Parish/Town Council/Meeting and

Ward Members to provide factual information

to help establish the site history.

Certificates of Lawfulness (judged only on

facts by the Councils Borough Solicitor).

Statutory Consultees

4.7 The Borough Council will notify statutory consultees on development proposals in

accordance with the legislation. The Borough Council will be moving towards consulting Statutory

Consultees by e-mail. Plans are already available for viewing on the Councils website.

Neighbour Notification

4.8 The Borough Council considers individual letters to be the best way of notifying adjoining

neighbours and this is the preferred method. This will normally mean those neighbours whose

property adjoins the boundary of an application site as identified on the Ordnance Survey map

for the area will be sent an individual letter. Letters are sent to The owner/occupier as the

occupier cannot legally open a letter addressed to someone else. Where neighbours cannot

be identified, and where required as set out above, site notices will also be displayed on ornear the site where they are visible to passers by. It is not the responsibility of the Council to

safeguard the site notice. Applicants are requested to remove old notices and officers,

Parish/Town Council/Meetings and local groups are asked to be watchful for old notices and

to remove them.

Parish Councils

4.9 Town/Parish Councils/Meetings will be consulted on all applications within their areas.

Adjoining Town/Parish Council/Meeting will be notified of larger developments close to their

boundaries which directly affect them.

Community or Specialist Groups

4.10 Where requested, local groups such as residents associations and community groups

will be provided with weekly lists of planning applications. The weekly list will also be made

available on the Borough Councils planning website. Individual consultations may take place

with non-statutory organisations where their expertise or local knowledge may assist e.g.

Nottinghamshire Wildlife Trust.

Ward Members

4.11 Elected Borough Councillors will be sent an individual notification on planning applicationsin their ward, and a weekly list of applications received. Ward Members will be notified of

substantial proposals in an adjoining Ward.


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Period for Making Representations

4.12 For fresh planning applications, 21 days is given to respond to the initial newspaper

publication, display of notice or notification letter. However, bodies such as Natural England

will be allowed a longer period of time to comment on applications where this is prescribed by

legislation.In some cases the dates may differ and 21 days will be taken from the latest date

appearing on a notice or letter. After that period a decision may be taken, but any comment

received before the application is decided will be considered. The results of any such consultation

will be reported and taken into account in decisions made by, and on behalf of, the Council.

Access to Information and Commenting on Applications

4.13 Planning applications are available for inspection at the Borough Council offices in West

Bridgford during office hours, and online at the following web address: www.rushcliffe.gov.uk.

In some cases the Town/Parish Council/Meeting may make their copy of the documents available

for viewing. Comments should be submitted in writing either by letter or e-mail and include the

reference number and the address of the proposal and your details. Those who submit petitions

will be asked to confirm the number of signatures, that each signatory has read the text of the

petition, the text has not been amended and that the signatories are aware of the intended

presentation to the Borough Council.

4.14 Comments will be placed on the application file which is available for public inspection

and may be copied. In due course, in accordance with Government guidance, comments may

be placed on the website. All written representations will be acknowledged in writing and taken

into account when the decision is made.

Amendments to Applications

4.15 There is no statutory requirement to consult on amendments to applications. Where

amendments to applications are negotiated which satisfy objections no further consultation will

be undertaken. Where amendments are made before the decision is taken which significantlyaffect individuals then reconsultation will be undertaken. Normally a shorter period of 7 to 14

days (depending on time available for determining the application) will be given for further

responses. Where there are significant changes needed the application should be withdrawn

and resubmitted as a fresh application. In this case there is one free go with no further planning

fee within 12 months of the submission of the original application for applications of similar

character or description of development.

Consideration of Applications

4.16 The Borough Council can only consider material considerations when deciding planning

applications. Examples include planning policies in the Rushcliffe Borough Local Plan,government advice and policy, the impact on residential amenity, highway safety and traffic,

noise and disturbance, design, impact on Listed Buildings, Conservation Areas and trees




23/74

amongst other factors. Account cannot normally be taken of non-planning issues such as private

property rights, covenants, competition, loss of view, property value, matters controlled by other

legislation, personal circumstances to the applicant or moral issues.

The Decision

4.17 The Borough Council has delegated the taking of decisions on planning applications to

its planning officers except where a Ward Member disagrees with the officers recommendation

or where there is a declaration of interest by a Ward Member, where the applicant/agent is the

Borough Council, a Borough Councillor or a Senior Officer, or for County Council developments(except for minor proposals) and in some cases where a non standard Section 106 Planning

Agreement is required. In such cases the application is referred to the Development Control

Committee (presently made up of 25 Borough Councillors) which meets approximately every

4 weeks. The papers for the Committee Meeting will include a site plan and report setting out

the background, planning policies, a summary of comments received and the recommendation

of the Borough Development Officer. The agenda papers are available 5 days before the

meeting from the Council offices or from the Councils website. The public can attend the

meeting and listen to the debate.

After the Decision

4.18 The applicant/agent will receive a decision notice detailing conditions and reasons for

permission or reasons for refusal. A copy of the decision notice is kept on file and is available

for viewing at the Civic Centre as well as on the website. Neighbours, Parish/Town

Councils/Meetings and Statutory Consultees who have made written representations will be

informed in writing of a decision and whether it is permission or refusal. Further details can be

viewed on the website or by request from the Council. Ward Members are notified by a monthly

list of decisions issued.

4.19 Any appeal by the applicant needs to be made within six months of the decision. Each

person who responded to the original application will be informed and given the opportunity tomake further representation to the Planning Inspector dealing with the case.

Developer Community Involvement

4.20 The Borough Council considers that developers can have a crucial role in engaging

local communities with the planning process. In particular for the larger developments carrying

out a Community Involvement Exercise will help the community understand what is being

proposed and also give them opportunity to voice any concerns, as well as assisting the

developer to incorporate aspects which address community concerns.

4.21 The following are likely to benefit from Developer Community Involvement

a) Industrial and commercial development of 1500+sqm;


23


24/74

b) Residential development of 100+ dwellings / 3+ hectares;

c) All major infrastructure projects; and

d) All new educational or institutional buildings and extensions of 1000+sqm.




25/74

5 Monitoring and Review

5.1 Rushcliffe Borough Council will monitor the success of community involvement methods

and use the results to review the techniques used in the future. The Annual Monitoring Report,

prepared by the Council to monitor progress in preparing the LDF, will also reflect on and

evaluate the community involvement process.

5.2 Feedback will be gathered after consultations to gauge how the participants felt it went

and whether or not any improvements should be made. This feedback will also be used to

analyse which groups if any are not being reached.

5.3 As part of this approach, the Borough Council will carefully consider the resource

implications of all of the methods used to try to ensure that the most effective use is made of

all the resources available for this work.

5.4 It is also clear that the Borough Council may not be able to meet all of the aspirations for

engagement that the community may wish to promote, due to time and resource limitations.

However, the Borough Council will strive for transparency at all stages and will seek to ensure

that views can be put forward whenever possible. Methods of community involvement thatprovide the best results in terms of the quality and quantity of involvement and resource efficiency

will be utilised more regularly where appropriate.


25


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6 Further Information

If you wish to know more about the Statement of Community Involvement or any aspect of the

Local Development Framework or planning applications, please contact the Borough Council

at the address shown below.

Postal address:

Planning Policy Section

Rushcliffe Borough Council,Civic Centre,

Pavilion Road,

West Bridgford,

Nottingham

NG2 5FE.

Email address:[email protected].

Main Switchboard:0115 981 9911

Fax number:0115 914 8452.

Please contact Planning Policy section should you require translation or interpretation

into sign language, Braille, languages other than English or other accessible formats

such as large print or audiotape.

This document can be made available in alternative formats and languages. Anyone

wishing to request an alternative format or language should contact the Planning Policy

team on (0115) 9819911.


27
mailto:[email protected]:[email protected]


29/74

Appendix ASTATEMENT OF COMMUNITY

INVOLVEMENT : THE PROCESS


29Rushcliffe Statement of Community Involvement - Adopted June 2007


30/74

Appendix A STATEMENT OF COMMUNITY INVOLVEMENT : THE

PROCESS

STATEMENT OF COMMUNITY INVOLVEMENT (SCI) : THE PROCESS

STATUS

Local Development Document

ROLE AND CONTENT

The SCI sets out the Borough Councils approach to engaging the community and stakeholders

in the development of Local Development Frameworks. The document also outlines how

the community and stakeholders will be consulted on planning applications.

GEOGRAPHICAL COVERAGE

The Whole of the Borough

CHAIN OF CONFORMITY

N/A

KEY MILESTONES

WORK ON DOCUMENT COMMENCING

November 2005

DATES FOR PRE-SUBMISSION CONSULTATION AND CREATION OF DRAFT DOCUMENT

November 2005-February 2006

DATE FOR PUBLIC PARTICIPATION ON DRAFT STATEMENT OF COMMUNITY

INVOLVEMENT

May 2006




31/74

KEY MILESTONES

DATE FOR SUBMISSION TO SECRETARY OF STATE

November 2006

PRE-EXAMINATION MEETING

Not required

EXAMINATION

March 2007

REPORT

March 2007

ADOPTION

June 2007

ARRANGEMENTS FOR PRODUCTION

ORGANISATIONAL LEAD

Development Framework Manager

POLITICAL MANAGEMENT

Input into the formulation of the document and consideration of responses to public participation

by Member Working Group. Final document endorsed through the Borough Councils Cabinet.

INTERNAL RESOURCES

3 officers from the Local Plans team to work on the SCI together with the Head of Community

Development and the Community Partnership Officer.


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ARRANGEMENTS FOR PRODUCTION

EXTERNAL RESOURCES

None

CONSULTATION ARRANGEMENTS

Statutory consultees and other interest groups in accordance with Town and Country Planning

(Local Development) (England) Regulations 2004.

POST PRODUCTION

Annual Monitoring Report Prepared




33/74

Appendix BASSESSING THE SOUNDNESS

OF STATEMENTS OF COMMUNITY

INVOLVEMENT




34/74

Appendix B ASSESSING THE SOUNDNESS OF STATEMENTS OF

COMMUNITY INVOLVEMENT

Planning Policy Statement 12 sets out nine tests (listed below) which a SCI should meet if it is

to be sound. The following table also shows how each test has been met by this SCI:-

How test is met in this SCITest of Soundness

Addressed in appendix E and section 3.1. Local planning authority has complied with

minimum requirements for consultation as set

out in Regulations.

Addressed in section 3.2. Local planning authoritys strategy for

community involvement links with other

community involvement initiatives eg the

community strategy.

Addressed in appendices C and D.3. Statement identifies in general terms which

local community groups and other bodies willbe consulted.

Addressed in appendix E, F and section 3.4. Statement identifies how community and

other bodies can be involved in a timely and

accessible manner.

Addressed in appendix E, F and section 3.5. Methods of consultation to be employed are

suitable for intended audience and for the

different stages in the preparation of local

development documents.

Addressed in section 3.6. Resources are available to managecommunity involvement effectively.

Addressed in appendix E and F.7. Statement shows how results of community

involvement will be fed into the preparation of

development plan documents and

supplementary planning documents.

Addressed in section 5 and appendix E and

F.

8. Authority has mechanisms for reviewing the

statement of community involvement.

Addressed in section 4.9. Statement clearly describes planningauthoritys policy for consultation on planning

applications.




35/74

Appendix CSTATUTORY CONSULTEES




36/74

Appendix C STATUTORY CONSULTEES

Specific consultation bodies as set out in the Town and Country Planning (Local Development)

(England) Regulations 2004) and in Planning Policy Statement 12: Local Development

Frameworks. At regular intervals the Borough Council will review its lists to ensure it has the

correct information and that addresses are up to date. Please note, this list is not exhaustive

and also relates to successor bodies where re-organisations occur.

Countryside Agency - East Midlands RegionEast Midlands Development Agency

East Midlands Regional Assembly

Electricity Act Licensees

Electronic Communications Code Operators

English Heritage

Natural England

Environment Agency

Gas Act Licensees

Government Office for the East Midlands

Highways AgencyNetwork Rail

Sewerage Undertakers

Strategic Health Authority

Water Undertakers

All adjoining Local Planning Authorities:-

Ashfield District Council

Broxtowe Borough Council

Charnwood Borough CouncilErewash Borough Council

Gedling Borough Council

Melton Borough Council

Newark and Sherwood District Council

North West Leicestershire District Council

Nottingham City Council

Derbyshire County Council

Leicestershire County Council

Nottinghamshire County Council

All Parish Councils within the Borough and the following adjoining Parish Councils;




37/74


39/74

Appendix D NON-STATUTORY CONSULTEES




40/74

Appendix D NON-STATUTORY CONSULTEES

We will also consult with bodies representing the following generic types of organisation:

General consultation bodies.

a. Voluntary bodies some or all of whose activities benefit any part of the authority's area;

b. Bodies which represent the interests of different racial, ethnic or national groups in the

authority's area;

c. Bodies which represent the interests of different religious groups in the authority's area;

d. Bodies which represent the interests of disabled persons in the authority's area; and

e. Bodies which represent the interests of persons carrying on business in the authority's

area.

At regular intervals the Borough Council will review its lists to ensure it has the correct information

and that addresses are up to date.

British Waterways

Bus Operators

Business Forums

Chambers of Trade

Conservation, Heritage and Amenity Groups

Developers and Landowners

Emergency services/crime prevention (e.g. Architectural Liaison Officer)

Environmental bodies (e.g. CPRE, RSPB, Wildlife Trust, Greenwood and Woodland Trust)

F R C A

Greater Nottingham Partnership

House Builders Federation

Housing Corporation

Network Rail

Regional Housing Body

Registered Social Landlords

Relevant Community and Resident Groups

Relevant Government Departments

Rushcliffe Local Strategic PartnershipRushcliffe Primary Care Trust

Sport England - East Midlands Region




41/74

Sports England and relevant local sports groups and bodies

The Crown Estate

The Theatres Trust


41


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Appendix ECONSULTATION METHODS




44/74

Ap

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45/74

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46/74


47/74

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48/74

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49/74

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50/74

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51/74

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51


52/74

Resource

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53/74

Resource

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53


55/74

Appendix FSUMMARY OF STAGES OF

COMMUNITY INVOLVEMENT DEVELOPMENT

PLAN DOCUMENTS




56/74

Ap

pen

dixFSUMMARYOF

STAGESOFCOMM

UNITYINVOLVEME

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CUMENTS

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RYOFST

AGESOFCOMM

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57/74

CouncilDecision

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57


58/74

CouncilDecision

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59/74

CouncilDecision

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