Regulation 16
Further to the recent Regulation 14 public consultation of the Datchet Neighbourhood Plan, the DNP Steering Group revised the Plan’s contents, based on the submissions received, and prepared the necessary supporting documents ready for the Plan to be submitted to RBWM following ratification by DPC. These were submitted to RBWM on 18 July 2022.
Regulation 16 documentation
The Plan
The Regulation 16 submission version of the Datchet Neighbourhood Plan includes the revisions made following the Regulation 14 Consultation. There is also a one-page summary of the changes.
Consultation Statement
The Consultation Statement demonstrates there has been a rigorous programme of community/stakeholder engagement and gives details of the supporting evidence. This document also includes details of the responses to the Reg 14 Consultation in Appendix C. RBWM did not respond to the Consultation so were invited to submit informal comments.
Strategic Environmental Assessment
This report from RBWM explains why that they think a Strategic Environmental Assessment and Habitats Regulations Assessment is not required.
Basic Conditions Statement
A Basic Conditions Statement was prepared by our independent planning advisor. It sets out how the DNP has regard to national and Borough policies, contributes to the achievement of sustainable development and meets the legal tests to proceed to referendum.
What happens at Regulation 16?
The responsibility for the next stage, Regulation 16, lies with RBWM. They must check that the proper process has been followed then publicise the proposed Plan and hold another public consultation before submitting it to an independent examiner. Representations received at the Reg 16 Consultation will be passed to an independent examiner who can only consider comments which fall within his/her remit to determine whether the Plan complies with relevant legislation and meets the ‘basic conditions’. The four basic conditions that the DNP will need to meet are as follows:
Independent examination
It is not unusual for examiners to recommend that changes are made to a Plan (to meet the basic conditions). These modifications must also be discussed with the Neighbourhood Plan team. (At this stage, there is an option to withdraw the Plan.) If the changes are agreed, the examiner’s recommendations are then presented to RBWM’s Cabinet, the executive decision-making body of RBWM, comprising Borough Councillors.
Village-wide referendum
RBWM will then arrange for a referendum to take place. The date of the referendum will be publicised widely and, if you are on the electoral register in the neighbourhood plan area, you will have the opportunity to cast your vote on whether or not you would like RBWM to use the DNP to help it decide any future planning applications in our neighbourhood area. If more than 50 per cent of those voting in the referendum vote ‘yes’, then the DNP becomes part of the statutory Local Development Plan for the area and its policies must be used when making planning decisions.
Timing / CIL funding
If/when the DNP is in place, DPC will receive a 66% uplift in Community Infrastructure Levy (CIL) funding, (25% instead of 15%). This is an important consideration now that the site at AL39 (London Road) has been allocated for new housing in the Borough Local Plan.
Revisions to the Plan
The Plan’s content should then be reviewed by Datchet Parish Council at their Annual Parish Meeting each April. This is the meeting of the parish electors at which Parish Council can report what it has accomplished during the preceding year. As circumstances change, it may become necessary or desirable to review or update the contents of the DNP. There are set procedures to follow in order to do this.
Further information
The DNP Steering Group is happy to answer any questions you may have about the Plan. Please email [email protected]
Regulation 16 documentation
The Plan
The Regulation 16 submission version of the Datchet Neighbourhood Plan includes the revisions made following the Regulation 14 Consultation. There is also a one-page summary of the changes.
Consultation Statement
The Consultation Statement demonstrates there has been a rigorous programme of community/stakeholder engagement and gives details of the supporting evidence. This document also includes details of the responses to the Reg 14 Consultation in Appendix C. RBWM did not respond to the Consultation so were invited to submit informal comments.
Strategic Environmental Assessment
This report from RBWM explains why that they think a Strategic Environmental Assessment and Habitats Regulations Assessment is not required.
Basic Conditions Statement
A Basic Conditions Statement was prepared by our independent planning advisor. It sets out how the DNP has regard to national and Borough policies, contributes to the achievement of sustainable development and meets the legal tests to proceed to referendum.
What happens at Regulation 16?
The responsibility for the next stage, Regulation 16, lies with RBWM. They must check that the proper process has been followed then publicise the proposed Plan and hold another public consultation before submitting it to an independent examiner. Representations received at the Reg 16 Consultation will be passed to an independent examiner who can only consider comments which fall within his/her remit to determine whether the Plan complies with relevant legislation and meets the ‘basic conditions’. The four basic conditions that the DNP will need to meet are as follows:
- have regard to national policy
- contribute to the achievement of sustainable development
- general conformity with the strategic policies in the development plan
- compatible with EU obligations.
Independent examination
It is not unusual for examiners to recommend that changes are made to a Plan (to meet the basic conditions). These modifications must also be discussed with the Neighbourhood Plan team. (At this stage, there is an option to withdraw the Plan.) If the changes are agreed, the examiner’s recommendations are then presented to RBWM’s Cabinet, the executive decision-making body of RBWM, comprising Borough Councillors.
Village-wide referendum
RBWM will then arrange for a referendum to take place. The date of the referendum will be publicised widely and, if you are on the electoral register in the neighbourhood plan area, you will have the opportunity to cast your vote on whether or not you would like RBWM to use the DNP to help it decide any future planning applications in our neighbourhood area. If more than 50 per cent of those voting in the referendum vote ‘yes’, then the DNP becomes part of the statutory Local Development Plan for the area and its policies must be used when making planning decisions.
Timing / CIL funding
If/when the DNP is in place, DPC will receive a 66% uplift in Community Infrastructure Levy (CIL) funding, (25% instead of 15%). This is an important consideration now that the site at AL39 (London Road) has been allocated for new housing in the Borough Local Plan.
Revisions to the Plan
The Plan’s content should then be reviewed by Datchet Parish Council at their Annual Parish Meeting each April. This is the meeting of the parish electors at which Parish Council can report what it has accomplished during the preceding year. As circumstances change, it may become necessary or desirable to review or update the contents of the DNP. There are set procedures to follow in order to do this.
Further information
The DNP Steering Group is happy to answer any questions you may have about the Plan. Please email [email protected]