Earl Shilton & Barwell Area Action Plan

Pre-submission (Regulation 27) Consultation

Friday, 30 August – 17:00 Monday, 14 October 2013

Response Form

GUIDANCE NOTES ON PAGES 4 AND 5 SHOULD BE READ BEFORE COMPLETING THIS FORM
ALL REPRESENTATIONS MUST BE RECEIVED BY:
17:00
MONDAY,14 OCTOBER 2013 / When completed, the form should be returned:
By Post to:
Policy & Regeneration Team
Hinckley & Bosworth Borough Council
Hinckley Hub, Rugby Road
Hinckley, Leicestershire
LE10 0FR
By Email to:

This form can also be completed online at:
http://www.hinckley-bosworth.gov.uk/esbaap

RESPONDENT DETAILS:

(If you have appointed an agent to act on your behalf please complete both personal and agent’s details)

PERSONAL DETAILS / AGENT’S DETAILS
Customer Ref No:
Title:
First Name:
Last Name:
Job Title:
(if applicable)
Organisation:
(if applicable)
Address 1:
Address 2:
Address 3:
Address 4:
Postcode:
Telephone No:
E-mail Address:
Signature: / Date:
1. To which part of the Area Action Plan does your representation relate?
(Please complete a separate form for each representation)
Paragraph No: / Policy No: / Other:
2. Do you consider the Area Action Plan to be Legally Complaint?
Yes
No
3. Do you consider the Area Action Plan to be ’sound’?
Yes
No

If you have answered No to Q3, please answer Q4, otherwise go to Q5

4. If you consider the Area Action Plan is not sound, please identify your reasons for this by ticking the appropriate box. The Area Action Plan is not:
Positively Prepared
Jusitified
Effective
Consistent with National Policy
5. Please explain why you consider the Area Action Plan is not legally compliant or is not sound, being as precise as possible. If you have answered Yes to Q2 or Q3 and wish to support the legal compliance or soundness of the Area Action Plan, please use the box to set out your comments.
(Continue on additional sheets if necessary)
6. If you consider that the Area Action Plan is not legally compliant or is not sound, please set out what change(s) you consider necessary to make it legally compliant or sound, having regards to your response to Q4 above. Please set out below in detail your suggested revised wording of any policy or text and explain why your suggested change will make the Area Action Plan legally compliant or sound. Please be as precise as possible.
(Continue on additional sheets if necessary)
Please note:
Your representations should cover succinctly all the information, evidence and supporting information necessary to justify your representation and any suggested change, as it is not anticipated that there will be any further opportunities to make representations. After this stage further submissions will only be at the request of an Inspector appointed to examine the soundness of the plan, based upon the matters and issues he/she identifies for examination.
7. If your representation is seeking a change, do you consider it necessary to participate at the oral part of the forthcoming public examination (or can it be considered by written representations)?
NO, I do not wish to participate at the oral examination of the plan / YES, I wish to participate at the oral examination of the plan
8. If you wish to participate at the oral examination, please outline why you consider this to be necessary?
(Continue on additional sheets if necessary)
Please note:
The Inspector will determine the most appropriate procedure to adopt to hear those who have indicated that they wish to participate at the oral part of examination.

ABOUT YOU

Are you male or female?
Male / Female
Age:
What was your age on your last birthday?
Health, illness and disability:
Do you have any long-standing illness, disability or infirmity? / Yes / No
If Yes, does this illness or disability limit your activities in any way? / Yes / No
Ethnicity:
What is your ethnic group? / White
Mixed (e.g. White and Asian)
Asian or Asian British
Black or Black British
Other ethnic group

PLEASE ENSURE THAT YOU HAVE SIGNED AND DATED THE FRONT PAGE OF THIS FORM BEFORE SUBMISSION
GUIDANCE NOTES

The Earl Shilton and Barwell Area Action Plan is an important document as it sets out the overall vision, objectives, and polices for the future development of the two Sustainable Urban Extensions and all other development within Earl Shilton and Barwell.

This is the final stage of consultation on the Area Action Plan before it is subject to an independent public Examination held by an Inspector appointed by the Secretary of State. The Inspector is required to consider whether the plan has been prepared in accordance with the relevant Regulations and is ‘sound’.

Legal Compliance
For the Area Action Plan to be legally compliant, it needs to be determined whether:
·  The Local Plan is identified in the current Local Development Scheme (LDS) and that the key stages have been followed.
·  The Community Consultation has been carried out in accordance with the Council’s Statement of Community Involvement (SCI).
·  The Council has consulted the appropriate Statutory Consultees that it should consult.
·  The Council has fulfilled its Duty to Cooperate with other Local Planning Authorities, County Councils and other bodies with Statutory Functions.
·  The Local Plan complies with the Planning and Compulsory Purchase Act 2004 (as amended).
·  The Local Plan complies with The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2012
·  An adequate Sustainability Appraisal Report (SA) is published to accompany the Plan.
Further information on legal compliance can be found at:
http://www.pas.gov.uk/pas/core/page.do?pageId=109568
Test of Soundness
The starting point for the examination is the assumption that the Council has submitted what it considers to be a ‘sound’ plan. Those seeking changes should demonstrate why the plan is unsound by reference to one or more of the soundness criteria.
The tests of soundness are set out in the National Planning Policy Framework (NPPF) (para 182) which states: “The Local Plan will be examined by an independent inspector whose role is to assess whether the plan has been prepared in accordance with the Duty to Cooperate, legal and procedural requirements, and whether it is sound. A local planning authority should submit a plan for examination which it considers is ‘sound’ “, namely that it is:
·  Positively prepared – the Plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements.
This means that the Development Plan Document (DPD) should be based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development. The NPPF has 12 principles through which it expects sustainable development can be achieved.
·  Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence. This means that the DPD should be based on a robust and credible evidence base involving:
o  Research/fact finding: the choices made in the plan are backed up by facts.
o  Evidence of participation of the local community and others having a stake in the area; and
o  The DPD should also provide the most appropriate strategy when considered against reasonable alternatives. These alternatives should be realistic and subject to Sustainability Appraisal. The DPD should show how the policies and proposals help to ensure that the social, environmental, economic and resource use objectives of sustainability will be achieved.
·  Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities.
This means the DPD should be deliverable, requiring evidence of:
·  Sound infrastructure delivery planning;
·  Having no regulatory or national planning barriers to delivery;
·  Delivery partners who are signed up to it;
·  The DPD should be flexible and able to be monitored.
The DPD should indicate who is to be responsible for making sure that the policies and proposals happen and when they will happen. The plan should be flexible to deal with changing circumstances, which may involve minor changes to respond to the outcome of the monitoring process or more significant changes to respond to problems such as lack of funding for major infrastructure proposals. Any measures which the Council has included to make sure that targets are met should be clearly linked to an Annual Monitoring Report.
·  Consistent with National Policy – the plan should enable the delivery of sustainable development in accordance with the National Planning Policy Framework.
Further information on the Test of Soundness can be found at http://www.pas.gov.uk/pas/core/page.do?pageId=109568
Have Your Say
The Borough Council would like your comments on the Area Action Plan, in particular whether you consider the plan is legally compliant and is ‘sound’. All submissions should be received by 17:00 on Monday, 14 October 2013.
If you would like to submit your views on the draft plan, you may do so by using this form and submitting it:
By Post to:
Policy & Regeneration Team
Hinckley & Bosworth Borough Council
Hinckley Hub, Rugby Road
Hinckley, Leicestershire
LE10 0FR
By Email to:

Complete and submit online at:
http://www.hinckley-bosworth.gov.uk/esbaap

Please note that the Council is required to make all comments received available for public inspection (either on-line or hard copy). We reserve the right to withhold from publication any comments not considered suitable for public view for reasons including offensive or personal/sensitive personal content.

For responses available for public inspection, signatures, email addresses and telephone numbers will be removed as a matter of course.

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