Nailsworth Community Right to Build Order
Decision Statement - Proceeding to Referendum
1. INTRODUCTION
Following the examination of a Community Right to Build Order (CRTBO), the Council is required to consider each of the examiner’s recommendations and decide what action to take in response to them.
The Council must hold a referendum on the making of the CRTBO if the Examiners Report recommends this.
2. BACKGROUND
The Nailsworth Neighbourhood Area was designated under delegated authority on the 16th June 2015.
A submission version of the Nailsworth Community Right to Build Order (NCRTBO) was accepted by the Council on 18th January 2016, under regulation 22 of the Neighbourhood Planning (General) Regulations 2012 (as amended).
Following submission of the NCRTBO to the local authority, Stroud District Council publicised the Proposal and supporting documents and invited representations during the consultation period from 27th January to 09th March 2016.
The Council appointed Ms Clare B. Wright MA PG Dip (BRS) MRTPI MILM as independent examiner of the NCRTBO. The examination concluded on 1st June 2016 with the submission of the Examiner’s Report recommending that the NCRTBO, once modified, should proceed to a referendum. The examiner also recommended that the area for the referendum should not extend beyond the Neighbourhood Area to which the proposal relates.
In accordance with legislation, the local authority must consider each of the recommendations made in the Examiner’s Report and decide what action to take in response to each recommendation. Consideration also needs to be given as to whether to extend the area to which the referendum is to take place.
3. DECISION AND REASONS
Having considered the examiner’s recommendations and reasons for them, Stroud District Council’s Environment Committee decided on 16th June 2016:
1. to accept all recommended modifications of the Examiner’s Report (Appendix A); and
2. to take all appropriate actions to progress the proposal to referendum on the 18 of August 2016;
Stroud District Council agrees wit the examiner that the NCRTBO, as modified, complies with the legal requirements and basic conditions set out in the Localism Act 2011, and can therefore proceed to referendum. The council also agrees that there is no reason to extend the referendum area beyond the boundaries of the neighbourhood area as they are currently defined.
Appendix B sets out the modifications to be made in response to the examiner’s recommendations, Stroud District Council’s response, together with the reasons for them.
4. ENFRANCHISEMENT RIGHTS
The legislation provides a mechanism that enables housing developed using a Community Right to Build Order to be retained as housing that is affordable in perpetuity. This is achieved by disapplying certain statutory rights of tenants of long leases to buy their freehold and the statutory right given to qualifying tenants to acquire social housing as per the provisions of the Town and Country Planning Act 1990 (as amended) (paras. 11 and 12 of Schedule 4C) and the Neighbourhood Planning (General) Regulations 2012 (as amended), Part 7.
The CRTBO, in section 6.0 Enfranchisement Rights, clearly states that both the Right to Buy and the Right to Acquire are to be removed from all 10 properties.
5. EIA/HRA SCREENING
Having regard to all material considerations it is appropriate that the neighbourhood development order is made where the development described in an order proposal is Environmental Impact Assessment development.
The making of the neighbourhood plan or order is not likely to have a significant effect on a European site or a European offshore marine site either alone or in combination with other plans or projects.
Barry Wyatt
Strategic Head (Development Services)
Duly Authorised in that behalf
Date: 08/07/2016
Appendix A - Examiner’s Report
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Appendix B - The modifications to be made in response to the examiner’s recommendations, Stroud District Council’s response, together with the reasons for them.
Examiner’s recommendations / Stroud District Council’s Decision / ReasonSection 1.0 Introduction
· Refer to constitution of the NCLT and reference to the full constitution in the Appendices. / Agreed / To conform to legal requirement and basic conditions.
Section 2.0 Consultation Statement
· Include a summary of the engagement and consultation events, publicity and outcomes from inception of the NCLT leading to the NCRTBO. / Agreed / To conform to legal requirement and basic conditions.
Section 4.0 The Order: Description of Development
· Include the conditions in full in a separate section 9.0 Conditions. The condition removing permitted development rights shall extend to removal of permitted rights for inserting additional windows and other openings or apertures in order to maintain privacy for nearby residents. / Agreed
Condition wording:
1. The development hereby permitted shall be begun before the expiration of three years from the date this Community Right to Build Order is made.
Reason:
To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.
2. No development shall take place until samples of the materials to be used in the construction of the external surfaces of the building works hereby permitted have been submitted to and
approved by the Local Planning Authority. Development shall then only be carried out in accordance with the approved details.
Reason:
In the interests of the visual amenities of the area.
3. The development hereby permitted shall not be commenced until details of a scheme of hard and soft landscaping for the site have been submitted to and approved in writing by the Head of Development Services.
Reason:
In the interests of the visual amenities of the area.
4. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first complete planting and seeding seasons following the occupation of the
buildings, or the completion of the development to which it relates, whichever is the sooner. Any trees or plants which, within a period of five years from the completion of the development, die, are removed, or become seriously damaged or diseased, shall be
replaced in the next planting season with others of similar size and species, unless the Head of Development Services gives written consent to any variation.
Reason:
In the interests of the visual amenities of the area.
5. The development hereby permitted shall not be brought into use until the vehicle parking, turning and manoeuvering areas shown on the approved plans are made available for use.
Each unit shall be provided with parking spaces in accordance with the Local Planning Authority's adopted vehicle parking standards. This provision shall be maintained as such, free
of obstruction, thereafter.
Reason:
To ensure that sufficient parking and turning space is made available.
6. No works shall commence on the development until details of a Construction Method Statement has been submitted in writing to the local planning authority. The Construction Method Statement shall detail how construction shall be carried out without interfering with the free flow of traffic on the adjacent classified
road and where construction vehicles will park during development. All construction works shall comply with the approved Construction Method Statement for the duration of the
works.
Reason:
To reduce potential highway impact by ensuring that adequate visibility is provided and maintained and to ensure that a safe, suitable and secure means of access for all people that minimises the conflict between traffic and cyclists and pedestrians is provided in accordance with paragraph(s) 32 and 35 of the
NPPF and ES3 of the adopted Stroud District Local Plan, November 2015.
7. No development shall take place until there has been submitted to and approved by the Local Planning Authority a detailed mitigation strategy to avoid recreational impact from the
development on Rodborough Common SAC.
Development shall be carried out in accordance with the approved strategy. Please see informative below.
Reason:
Habitat Regulations Assessment (HRA) – Under Article 6(3) of the Habitats Directive, Competent Authorities have a duty to ensure that all the on the integrity of any of the Natura 2000 sites (Together SPAs and SACs make up the network of Natura 2000 sites). The effect of the Regulations is to require Local Planning
Authorities to ensure that no likely significant adverse effect arises from any proposed development scheme or Local Plan. The effect
of this legislation together with the Natural England and Rural Communities Act 2006 is to impose on local authorities a legal duty of care to protect biodiversity. If local authorities think harm or "likely significant effect" could occur they are legally obliged to not approve the proposed plan or project unless appropriate
avoidance and mitigation measures can be put in place. The various Habitat Regulation Assessment iterations concluded that proposed residential growth in the Local Plan within the catchment could have a likely significant effect, in the absence of appropriate mitigation. Over the last year SDC has collaboratively worked with Natural England (NE), the National Trust (NT), the Rodborough Commoners and Stroud Valleys Project (SVP) to devise an agreed interim impact avoidance strategy for housing
within an identified 3km catchment. Informative: SDC's Interim strategy for avoidance of adverse impacts on Rodborough
Common SAC is available on the website (link) https://www.stroud.gov.uk/cmislive_public/Me
etings/tabid/70/ctl/ViewMeetingPublic/mid/397
/Meeting/68/Committee/6/Default.aspx. If applicants elect to provide bespoke mitigation, SDC will require evidence to demonstrate that it has been implemented, as approved, eg. a letter of confirmation from a suitably qualified project ecologist at the end of the construction period and updates at agreed intervals in the event of a long-term mitigation commitment.
8. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that order with or without modification), no development permitted under Article 3, and described within Classes A to E of Part 1 of Schedule 2 (includes
extensions, outbuildings, roof alterations, porches, window openings), shall take place. No windows, doors, other openings and apertures other than those shown on the approved plans
shall be formed in any elevation of the development hereby permitted.
Reason:
In the interests of the amenities of the occupiers of adjoining residential property. / To conform to legal requirement and basic conditions.
Section 9.0 Conditions
a) Conditions relating to wildlife surveys in accordance with the recommendations on page 17 and 18 of the Preliminary Ecological assessment provided by Middlemarch Environmental Ltd.
b) The Affordable housing units shall be constructed and completed (and all associated works including all services roads and paths) in accordance with the Approved Affordable Housing Scheme.
c) All 10 Affordable Rented Dwelling Units shall be completed in accordance with the Affordable Housing Matrix of 6 x 1 bedroomed, two person homes, arranged in maisonettes, and; 4 x 2 bedroomed, four person homes and 15 car parking spaces.
d) The developer shall ensure the highway and pedestrian layout and finished surfaces are in accordance with the drawings submitted with the CRTBO following the laying of services and construction traffic access.
e) The proposed development shall be carried out in accordance with the submitted drawings as shown by the drawings accompanying this application: -
o Site layout – proposed no: 14054/10 rev. C dated 30 Oct 2015
o Site elevations – proposed sheet 1 of 2 no: 14054/11 rev. C dated 30 Oct 2015
o Site elevations – proposed sheet 2 of 2 no: 14054/12 rev C dated 30 Oct 2015
o Unit plans and elevs. no: 14054/13 rev. B dated 30 Oct 2015
o Topographical survey no: 595/7979/1 dated Aug. 2014
f) The developer shall ensure the Affordable Housing is managed and occupied in accordance with the objects of a Registered Provider and with such published housing waiting list and lettings and allocations policy as the Registered Provider may from time to time adopt (the same having been first Approved by the Council) to ensure that the Affordable Housing Units and at all times subsequently that each Affordable Housing Unit is allocated to a Person in Housing Need as their sole residence
g) The developer shall in respect to the Affordable Rented Units to allocate each Dwelling to a Qualifying Person* by advertising any vacant Dwelling through the Gloucestershire Homeseeker Choice Based Lettings scheme (or any replacement scheme) and thereafter by allocating any such vacant Dwelling to a Qualifying Person as his sole residence and who expresses an interest in occupying the said Dwelling through bidding on the Council's 'Choice Based Letting' scheme (or any replacement scheme) SUBJECT TO the Owner having first agreed in writing with the Council the appropriate labelling for such Dwelling to provide more information on who is eligible to express an interest in occupying the same
* Qualifying Person means a person on the Council’s Housing Register and accepted by the Council as a Person in Housing Need who would qualify for Affordable Housing in accordance with the policies of the Council current at the relevant time and has a Local Connection** to the Relevant Geographical Area***
**Local connection means (i) having Family Associations within the Relevant Geographical Area; (ii) for a continuous period of either 6 months out of the last 12months or; 3 years out of the last 5 years immediately prior to the date that the Affordable Rented Housing Unit becomes vacant having had their only or principal home within the Relevant Geographical Area; or (iii) for the last 6 months immediately prior to the date that the Affordable Rented Housing Unit becomes vacant having had their place of work (not of a casual nature) within the Relevant Geographical Area***
*** Relevant Geographical Area means means in preference the parish of Nailsworth or in the event of there being no Qualifying Person in the parish of Nailsworth then substitute a Qualifying Person within the parishes of Nympsfield, Woodchester, Amberley, Horsley and Minchinhampton in the event of there being no Qualifying Person within the parishes of Nympsfield, Woodchester, Amberley, Horsley and Minchinhampton then substitute a Qualifying Person within the Stroud District. / Agreed
Wording for condition a)
9. The development hereby permitted shall be carried out in strict accordance with the Ecology recommendations on page 17 and 18 of the Preliminary Ecological assessment provided by Middlemarch Environmental Ltd.
Reason:
To recognise nature conservation importance and protect biodiversity in accordance with Policy ES6 of the adopted Stroud District Local Plan, November 2015 and the NPPF. / To conform to legal requirement and basic conditions.
Consequential amendments / Stroud District Council’s Decision / Reason
Use numbers instead of letters to number conditions. / Agreed / For consistency.
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