Unfortunately the large amount of work required to respond to your request, as described above, would exceed this limit. Consequently the Council is not obliged to respond to your request. I have considered whether, if you submitted a revised request, for a shorter time period, the Council should provide the information.
However, any information requested for a shorter time period would still be exempt from disclosure. Information which is reasonably accessible to the applicant otherwise than under section 1 of the Act is exempt from disclosure under section In this case, you were sent the figures you have requested from the Council by a third party, on 24 October An internal review should consider the situation at the time of the original request.
However, in view of the fact that you do now hold the information, and the time taken to provide you with another set of the data would be far in excess of the appropriate limit, I consider that the Council has fulfilled its obligations in relation to this request. For your information, there is no public interest test required for either of the exemptions quoted.
Can you explain how you know what information I have already received? Third, can you explain why you do not have copies of these documents in PDF? I don't understand why it would take allegedly so many hours to furnish these? Finally if as you say I already have the information that you sent to the DCLG then you know that DCLG would already have provided me the information which for them clearly did not exceed the effort that you imply it might take.
Perhaps if you inspect your records you could find the PDFs and the problem will be over. The Reason why one might assume you would have a PDF version is that it would be extraordinary if, every time you needed these you would have to expend as many hours as you say it takes - when a saved PDF or similar would make it easily available and shareable.
Recall the purpose of this question is to establish if there is any substance in allegations that anaomolies exist between what city of York is reporting to DCLG and local plan figures.
Dear Ms Swinburn Thank you for your email, but the Council is not obliged to provide the information to you. No copies of the returns are produced, as the figures are submitted directly into the DCLG's systems via the internet. There are no pdf's or any other copy which could be provided and it would take too long to recreate the statistics. The figures are input directly into the DCLG system, so they do hold the information in an easily accessible format and have already provided it to you.
As the Council does not hold the information, we contacted the DCLG to see what was published on their website and if they could help. As your request is on a public website, I was able to ask them without breaching your privacy. I tried to resolve the issue informally, i. I apologise if you feel that the Council has not responded correctly to your request, but I consider that it has fulfilled its obligations in this matter.
If you wish, you may contact the Information Commissioner, using the contact details which I have provided to you. On reflection this is bizarre - are CYC staffers blaming the government here for the wrong statistics being published - when it appears that the council staff upload the figures directly to a government website?
Help us protect your right to hold public authorities to account. Donate and support our work. City of York Council. City of York Trading. Hambleton District Council. More similar requests. Are you the owner of any commercial copyright on this page? A site to help anyone submit a Freedom of Information request. WhatDoTheyKnow also publishes and archives requests and responses, building a massive archive of information.
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Run by Volunteers and powered by Alaveteli. Built by mySociety. We provide commercial services through our wholly owned subsidiary SocietyWorks Ltd Menu Close. English Cymraeg. Neighbourhood planning bodies are encouraged to plan to meet their housing requirement, and where possible to exceed it. A sustainable choice of sites to accommodate housing will provide flexibility if circumstances change, and allows plans to remain up to date over a longer time scale.
Where neighbourhood planning bodies intend to exceed their housing requirement figure, proactive engagement with their local planning authority can help to assess whether the scale of additional housing numbers is considered to be in general conformity with the strategic policies.
For example, whether the scale of proposed increase has a detrimental impact on the strategic spatial strategy, or whether sufficient infrastructure is proposed to support the scale of development and whether it has a realistic prospect of being delivered in accordance with development plan policies on viability.
Any neighbourhood plan policies on the size or type of housing required will need to be informed by the evidence prepared to support relevant strategic policies, supplemented where necessary by locally-produced information. When strategic housing policies are being updated, neighbourhood planning bodies may wish to consider whether it is an appropriate time to review and update their neighbourhood plan as well.
The scope of neighbourhood plans is up to the neighbourhood planning body. Where strategic policies set out a housing requirement figure for a designated neighbourhood area, the neighbourhood planning body does not have to make specific provision for housing, or seek to allocate sites to accommodate the requirement which may have already been done through the strategic policies or through non-strategic policies produced by the local planning authority.
The strategic policies will, however, have established the scale of housing expected to take place in the neighbourhood area.
Housing requirement figures for neighbourhood plan areas are not binding as neighbourhood planning groups are not required to plan for housing. However, there is an expectation that housing requirement figures will be set in strategic policies, or an indicative figure provided on request.
Where the figure is set in strategic policies, this figure will not need retesting at examination of the neighbourhood plan. Where it is set as an indicative figure, it will need to be tested at examination. Where strategic policies do not already set out a requirement figure, the National Planning Policy Framework expects an indicative figure to be provided to neighbourhood planning bodies on request.
However, if a local planning authority is unable to do this, then the neighbourhood planning body may exceptionally need to determine a housing requirement figure themselves, taking account of relevant policies, the existing and emerging spatial strategy, and characteristics of the neighbourhood area. The neighbourhood planning toolkit on housing needs assessment may be used for this purpose.
A policy in a neighbourhood plan should be clear and unambiguous. It should be drafted with sufficient clarity that a decision maker can apply it consistently and with confidence when determining planning applications. It should be concise, precise and supported by appropriate evidence. It should be distinct to reflect and respond to the unique characteristics and planning context of the specific neighbourhood area for which it has been prepared. A neighbourhood plan can allocate sites for development, including housing.
A qualifying body should carry out an appraisal of options and an assessment of individual sites against clearly identified criteria. Guidance on assessing sites and on viability is available. If a local planning authority is also intending to allocate sites in the same neighbourhood area the local planning authority should avoid duplicating planning processes that will apply to the neighbourhood area. It should work constructively with a qualifying body to enable a neighbourhood plan to make timely progress.
A local planning authority should share evidence with those preparing the neighbourhood plan, in order for example, that every effort can be made to meet identified local need through the neighbourhood planning process.
A neighbourhood plan can allocate additional sites to those in a local plan or spatial development strategy where this is supported by evidence to demonstrate need above that identified in the local plan or spatial development strategy.
Neighbourhood plans should not re-allocate sites that are already allocated through these strategic plans. A neighbourhood plan can also propose allocating alternative sites to those in a local plan or spatial development strategy , where alternative proposals for inclusion in the neighbourhood plan are not strategic, but a qualifying body should discuss with the local planning authority why it considers the allocations set out in the strategic policies are no longer appropriate.
The resulting draft neighbourhood plan must meet the basic conditions if it is to proceed. National planning policy states that it should support the strategic development needs set out in strategic policies for the area, plan positively to support local development and should not promote less development than set out in the strategic policies see paragraph 13 and paragraph 29 of the National Planning Policy Framework.
Nor should it be used to constrain the delivery of a strategic site allocated for development in the local plan or spatial development strategy.
Should there be a conflict between a policy in a neighbourhood plan and a policy in a local plan or spatial development strategy, section 38 5 of the Planning and Compulsory Purchase Act requires that the conflict must be resolved in favour of the policy which is contained in the last document to become part of the development plan.
A qualifying body may wish to consider what infrastructure needs to be provided in their neighbourhood area from the earliest stages of plan-making as set out in paragraph of the National Planning Policy Framework alongside development such as homes, shops or offices.
Infrastructure is needed to support development and ensure that a neighbourhood can grow in a sustainable way. The following may be important considerations for a qualifying body to consider when addressing infrastructure in a neighbourhood plan:.
Qualifying bodies should engage infrastructure providers eg utility companies, transport infrastructure providers and local health commissioners in this process, advised by the local planning authority. A qualifying body should set out and explain in their draft neighbourhood plan the prioritised infrastructure required to address the demands of the development identified in the plan.
A qualifying body should be inclusive and open in the preparation of its neighbourhood plan or Order and ensure that the wider community:. A qualifying body must consult any of the consultation bodies whose interest it considers may be affected by the draft neighbourhood plan or Order proposal. The consultation bodies are set out in Schedule 1 to the Neighbourhood Planning General Regulations as amended.
Other public bodies, landowners and the development industry should, as necessary and appropriate be involved in preparing a draft neighbourhood plan or Order.
By doing this qualifying bodies will be better placed to produce plans that provide for sustainable development which benefits the local community whilst avoiding placing unrealistic pressures on the cost and deliverability of that development.
Before the formal pre-submission consultation takes place a qualifying body should be satisfied that it has a complete draft neighbourhood plan or Order. It is not appropriate to consult on individual policies for example.
Where options have been considered as part of the neighbourhood planning process earlier engagement should be used to narrow and refine options. The document that is consulted on at the pre-submission stage should contain only the preferred approach. A qualifying body must publicise the draft neighbourhood plan or Order for at least 6 weeks and consult any of the consultation bodies whose interests it considers may be affected by the draft plan or order proposal see regulation 14 and regulation 21 of the Neighbourhood Planning General Regulations as amended.
The consultation bodies are set out in Schedule 1 to the Regulations. European directives, incorporated into UK law, may apply to a draft neighbourhood plan or Order.
Where they do apply a qualifying body must make sure that it also complies with any specific publicity and consultation requirements set out in the relevant legislation. The local planning authority should provide advice on this. The legislation that may be of particular relevance to neighbourhood planning is:. It may be appropriate, and in some cases a requirement, that the statutory environmental bodies Historic England , the Environment Agency and Natural England be consulted.
For example, a draft neighbourhood plan proposal must be assessed to determine whether it is likely to have significant environmental effects. The environmental assessment consultation bodies must be consulted as part of this process see also guidance on Strategic environmental assessment. Revision date: 09 02 See previous version. A local planning authority must satisfy itself that a draft neighbourhood plan or Order submitted to it for independent examination complies with all the relevant statutory requirements.
When a draft neighbourhood plan or Order is submitted to a local planning authority the authority is considering the draft plan or order against the statutory requirements set out in paragraph 6 of Schedule 4B of the Town and Country Planning Act as amended.
A local planning authority has to be satisfied that a basic condition statement has been submitted but it is not required to consider whether the draft plan or order meets the basic conditions. The local planning authority should provide constructive comments on an emerging plan or Order before it is submitted.
Where the draft neighbourhood plan or Order submitted to a local planning authority meets the requirements in the legislation, the local planning authority must publicise the neighbourhood plan or Order for a minimum of 6 weeks, invite representations, notify any consultation body referred to in the consultation statement and send the draft neighbourhood plan or Order to independent examination see regulations 16 , 17 , 23 and 24 of the Neighbourhood Planning General Regulations as amended.
The independent examiner is not testing the soundness of a neighbourhood plan or examining other material considerations. When considering a proposal for the modification of a neighbourhood plan that is already in force, an independent examiner must first decide whether the proposed modifications are so significant or substantial as to change the nature of the plan.
Neighbourhood plans and Orders should be examined fairly and transparently. Examiners should ensure that qualifying bodies remain well briefed on all matters relating to the independent examination.
If the examiner requires any additional information, such requests and responses should be made publically available by local planning authorities in a timely fashion to ensure the fairness and transparency of the examination process. It is expected that the examination of a draft neighbourhood plan or Order will not include a public hearing. Rather the examiner should reach a view by considering written representations see paragraph 9 1 of Schedule 4B to the Town and Country Planning Act as amended.
As a consequence the basic conditions statement is likely to be the main way that a qualifying body can seek to demonstrate to the independent examiner that its draft neighbourhood plan or Order meets the basic conditions. Where the independent examiner considers it necessary to ensure adequate examination of an issue or to give a person a fair chance to put a case, they must hold a hearing to listen to oral representations about a particular issue.
The subject of a hearing is determined by the independent examiner based on their initial views of the draft plan or Order proposals and any other supporting documents submitted by the qualifying body and the representations received from interested parties. Those wishing to make their views known to the independent examiner, or who wish to submit evidence for the examiner to consider, will do this by submitting written representations to the local planning authority during the statutory publicity period on the submitted draft neighbourhood plan or Order, which must be at least 6 weeks.
Representations should address whether or not the draft neighbourhood plan or Order proposal meets the basic conditions and other matters that the independent examiner is required to consider under paragraph 8 of Schedule 4B to the Town and Country Planning Act as amended. Representations may also address whether the referendum area should be extended beyond the neighbourhood area.
Anyone wishing to make a case for an oral hearing should do so as part of a written representation. When the examiner is minded to recommend that the neighbourhood plan or Order should proceed to referendum, the examiner must recommend whether the referendum area should extend beyond the neighbourhood area.
If the examiner recommends that the area should be extended they must state what they consider that extended area should be. It may be appropriate to extend the referendum area beyond the neighbourhood area, for example where the scale or nature of the proposals in the draft neighbourhood plan or Order are such that they will have a substantial, direct and demonstrable impact beyond the neighbourhood area.
An independent examiner of a neighbourhood plan or Order must send their report to the qualifying body and the local planning authority. If the authority propose to make a decision which differs from that recommended by the examiner, it must notify the following people or groups of their proposed decision and the reason for it and invite representations. Any representations must be submitted within 6 weeks of the local planning authority first inviting representations.
The local planning authority may, if it considers it appropriate to do so, refer the issue to independent examination. Paragraph 13B of Schedule 4B of the Town and Country Planning Act , inserted by section of the Housing and Planning Act , gives the Secretary of State power to intervene, where requested by a qualifying body in 3 circumstances:. The parish or town council, or neighbourhood forum, must submit the request in writing and give reasons for making the request.
There is no time limit for making a request for intervention where the local planning authority have failed to make a timely decision whether the plan or Order proposal should be put to referendum. Relevant councils are:. Unitary authorities are either district councils or county councils that perform the functions of the other type of council as well. Where the relevant council for a referendum is not the local planning authority, the 2 authorities must co-operate as required by regulation 16 of the Neighbourhood Planning Referendum Regulations as amended.
The rules covering all aspects of organising and conducting the polls can be found in the Neighbourhood Planning Referendum Regulations as amended by the Neighbourhood Planning Referendum Amendment Regulations and and the Neighbourhood Planning Prescribed Dates Regulations A qualifying body, the local planning authority and the relevant electoral services team should establish an early dialogue as part of any project planning process.
A person is entitled to vote if at the time of the referendum, they meet the eligibility criteria to vote in a local election for the area and if they live in the referendum area. In a designated business area, if a majority of those who have voted in one of the referendums vote in support of making the draft neighbourhood plan or Order and the majority of those who vote in the other referendum do not support the making of the draft plan or Order, the local planning authority must decide whether the neighbourhood plan or Order should be brought into force.
A local planning authority is advised to set out its decision-making criteria in this scenario in advance of the referendum taking place. It may for example, wish to consider criteria related to the level of support the neighbourhood plan or Order proposal received at each referendum, the relative size of the electorate or the characteristics of the neighbourhood area.
If the majority of those who vote in a referendum are in favour of the draft neighbourhood plan or Order or, where there is also a business referendum, a majority vote in favour of both referendums , then the neighbourhood plan or Order must be made by the local planning authority within 8 weeks of the referendum.
A neighbourhood plan comes into force as part of the statutory development plan once it has been approved at referendum. An Order must be made by the local authority before it has effect. The 8 week time limit does not apply where a legal challenge has been brought in relation to the decision to hold a referendum or around the conduct of the referendum.
Where there is also a business referendum and a majority of those voting, vote in favour of the proposals in only one of the referendums, then the local planning authority may make the neighbourhood plan or Order but is not required to. There are narrow circumstances where the local planning authority is not required to make the neighbourhood plan or Order. These are where it considers that the making of the neighbourhood plan or Order would breach, or otherwise be incompatible with, any EU or human rights obligations see section 61E 8 of the Town and Country Planning Act Act as amended.
Only a draft neighbourhood Plan or Order that meets each of a set of basic conditions can be put to a referendum and be made. The basic conditions are set out in paragraph 8 2 of Schedule 4B to the Town and Country Planning Act as applied to neighbourhood plans by section 38A of the Planning and Compulsory Purchase Act The basic conditions are:.
Read more details. This applies only to Orders. Throughout the process of developing a neighbourhood plan or Order a qualifying body should consider how it will demonstrate that its neighbourhood plan or Order will meet the basic conditions that must be met if the plan or order is to be successful at independent examination. The basic conditions statement is likely to be the main way that a qualifying body can seek to demonstrate to the independent examiner that its draft neighbourhood plan or Order meets the basic conditions.
A qualifying body is advised to discuss and share early drafts of its basic conditions statement with the local planning authority. A local planning authority should provide constructive comments on the emerging neighbourhood plan or Order proposal prior to submission and discuss the contents of any supporting documents, including the basic conditions statement.
If a local planning authority considers that a draft neighbourhood plan or Order may fall short of meeting one or more of the basic conditions they should discuss their concerns with the qualifying body in order that these can be considered before the draft neighbourhood plan or Order is formally submitted to the local planning authority.
A statement a basic conditions statement setting out how a draft neighbourhood plan or Order meets the basic conditions must accompany the draft neighbourhood plan or Order when it is submitted to the local planning authority see regulation 15 1 d and regulation 22 1 e of the Neighbourhood Planning General Regulations as amended.
A neighbourhood plan or Order must not constrain the delivery of important national policy objectives. Paragraph 13 of the National Planning Policy Framework is clear that neighbourhood plans should support the delivery of strategic policies contained in local plans and spatial development strategies. Qualifying bodies should plan positively to support local development, shaping and directing development in their area that is outside these strategic polices.
More specifically paragraph 29 of the National Planning Policy Framework states that neighbourhood plans should not promote less development than set out in the strategic policies for the area, or undermine those strategic policies. Beyond this, the content of a draft neighbourhood plan or Order will determine which other aspects of national policy are or are not a relevant consideration to take into account. The basic condition allows qualifying bodies, the independent examiner and local planning authority to reach a view in those cases where different parts of national policy need to be balanced.
A qualifying body is advised to set out in its basic conditions statement how they have had regard to national policy and considered whether a particular policy is or is not relevant. A qualifying body is encouraged to set out the particular national polices that it has considered, and how the policies in a draft neighbourhood plan or the development proposals in an Order take account of national policy and advice.
Basic conditions b and c that relate to listed buildings and conservation areas apply to a draft neighbourhood Development Order or a Community Right to Build Order so that making the order will not weaken the statutory protections for listed buildings and conservation areas.
Further information on conserving and enhancing the historic environment can be found in paragraphs to of the National Planning Policy Framework and in the guidance pages. This basic condition is consistent with the planning principle that all plan-making and decision-making should help to achieve sustainable development. A qualifying body should demonstrate how its plan or Order will contribute to improvements in environmental, economic and social conditions or that consideration has been given to how any potential adverse effects arising from the proposals may be prevented, reduced or offset referred to as mitigation measures.
In order to demonstrate that a draft neighbourhood plan or Order contributes to sustainable development, sufficient and proportionate evidence should be presented on how the draft neighbourhood plan or Order guides development to sustainable solutions. There is no legal requirement for a neighbourhood plan to have a sustainability appraisal. However, qualifying bodies may find this a useful approach for demonstrating how their draft plan or order meets the basic condition.
Material produced as part of the Sustainability Appraisal of the local plan may be relevant to a neighbourhood plan. A neighbourhood plan may require a strategic environmental assessment if the draft neighbourhood plan falls within the scope of the Environmental Assessment of Plans and Programmes Regulations This may be the case if it is likely to have a significant effect on the environment.
This may be the case, for example, where a neighbourhood plan allocates sites for development. A qualifying body is strongly encouraged to consider the environmental implications of its proposals at an early stage, and to seek the advice of the local planning authority on whether the Environmental Assessment of Plans and Programmes Regulations are likely to apply.
Neighbourhood plans may also require assessment in relation to the Habitats Regulations A neighbourhood plan proposal must provide sufficient information to enable a competent authority to undertake an appropriate assessment or to screen it to determine whether an appropriate assessment is necessary. If an appropriate assessment is required then this will engage the need for a strategic environmental assessment.
When considering whether a policy is in general conformity a qualifying body, independent examiner, or local planning authority, should consider the following:. Paragraph 20 of the National Planning Policy Framework sets out the strategic matters about which are expected to be addressed through policies in local plans or spatial development strategies.
The basic condition addresses strategic polices no matter where they appear in the development plan. Paragraph 21 sets an expectation that plans should make explicit which policies are strategic policies.
Strategic policies will be different in each area. When reaching a view on whether a policy is a strategic policy the following are useful considerations:. Planning practice guidance on plan-making provides further advice on strategic policies. A local planning authority or, where relevant, elected Mayor or combined authority should set out clearly its strategic policies in accordance with paragraph 21 of the National Planning Policy Framework and provide details of these to a qualifying body and to the independent examiner.
A neighbourhood plan or Order must be compatible with European Union obligations, as incorporated into UK law, in order to be legally compliant.
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