Plan Stage

Regulatory Stage[1]

Officer Tasks to complete

Responsible Person

Committee decision / recommendation / Delegated authority

Outcome

 

 

 

 

 

 

Submission of request to designate an area

Regulation 5 (or 8)

1.  Acknowledge receipt of application

2.  Check area does not conflict with other designated areas

3.  If not a Parish Council, check the group applying is the appropriate body to lead neighbourhood planning in that area, and is capable of becoming the designated neighbourhood forum for the neighbourhood area.

 

 

1 – 3=Planning Officer

 

 

 

N/A

·  Legitimate application to proceed to consultation on area; or

·  Formally decline application if conflicts with another designated area or inappropriate group

Publicising an Area Application

Regulation 6 (or 9)

1.  Publish area application on website plus details of how to comment (by email to neighbourhoodplanning@maidstone.gov.uk)

2.  Arrange local consultation (by email only) to run for minimum 6 weeks.

3.  Public Notice in local press

4.  Email all Cllrs and all neighbouring parishes

5.  Press release (optional)

6.  Forum to publicise on their website

7.  Manage comments received through inbox

8.  Once consultation completed review comments and decide on whether to designate area

1-5, 7,8 = Planning Officer (plus web team / Comms)

 

6 = Parish Council / Forum rep

N/A

·  Publicised application Officer view on whether to designate area

Formal designation of Area and publicity for designation

Regulation 7 (or 10)

1.  Write formal designation report / refusal report (within 3 weeks of consultation close)

2.  Post on website with area plan

3.  Notify Parish Council / forum of decision

1 = Principal Planning Officer / Team Leader

 

2,3 = Planning Officer

Delegated authority is given to the Head of Planning and Development unless there is a contrary Councillor view in which case the decision is to be made by SPS&T

·  Formal designation report / refusal report

·  Formal publicity of designation

Preparation of draft plan by Parish Council / forum

 

1.  Assist Parish Council / forum with advice on process / Regulations / content as required

2.  Meetings as required

1, 2  = Planning Officer / Consultant as required

N/A

·  Draft plan

Local consultation on draft plan, to include MBC as a consultee

Regulation 14

1.  Upon receipt of draft plan send copy to consultant for SEA / HRA scoping opinion and conformity with policy assessment

2.  When scoping opinion received send to Natural England; Historic England; Environment Agency for views

3.  Send views of 3 Statutory consultees back to consultant for report updating

4.  Copy final scoping report to Parish Council / forum

5.  If SEA required, Parish Council / forum to carry out prior to formal submission of plan

6.  Update MBC website

7.  Provide written representations to the  consultation

1, 2, 3, 4 = Planning Officer

 

5 =Parish Council / Forum rep

 

6 = Planning Officer / Web Team

 

 

7 = Principal Planning Officer / Team Leader

 

Delegated Authority to Head of Planning and Development

·  SEA / HRA if required

·  Parish Council / Forum to update plan and consultation statement after close of consultation

Preparation of formal submission plan by Parish Council / forum

 

1.    Assist Parish Council / forum with advice on process / Regulations / content as required

2.    Meetings as required

1, 2  = Planning Officer / consultant as required

N/A

·  Submission plan

Formal submission of draft plan to council

Regulation 15

1.     Acknowledge receipt of submitted documents (Plan; Basic Conditions statement; Consultation statement;)

2.     Check Regulation 14 consultation was carried out in accordance with Regs re Statutory consultees etc.

3.     Send revised plan to consultant to see if SEA opinion has changed and conformity with policy assessment

4.     Once received from consultant, send again to Natural England; Historic England; Environment Agency for confirmation of views

5.     Send views of 3 Statutory consultees back to consultant for finalised SEA report

6.     Liaise with Parish Council / forum over suitable dates for consultation to take place

7.     Plan public consultation – refer to separate list of tasks in Appendix A

8.     Contact NPIERS and request candidates for examiner

9.     Agree preferred examiner with Parish Council / forum

10.  Appoint examiner

 

1-10 = Planning Officer

 

 

N/A

 

Appointment of examiner via NPIERS (agreed by signed Procurement Waiver)

·  Receipt of submission plan

Public consultation

Regulation 16

1.  Publicise documents (see Appendix A) on website plus details of how to comment

2.  Arrange consultation to run for 6 weeks.

3.  Public Notice in local press

4.  Email all Cllrs and all neighbouring parishes

5.  Press release (optional)

6.  Parish Council/ Forum to publicise on their website

7.  Manage comments received through inbox; post; portal; consultation to run for minimum 6 weeks

8.  SPST report outlining MBC comment to Reg 16 (from consultant’s assessment report)

9.  Once consultation completed review comments run a report summary of representations; print copy of each representation;

1 = Planning Officer / Web Team

 

2,4,7, 9  = Planning officer

 

3, 5 = Planning Officer/Comms Team

8 = Principal Planning Officer / Team Leader

 

6 = Parish Council/ Forum rep

 

N/A

·  Formal publicity and consultation on the submission plan

·  SPST report

·  Report showing reps

Submission of the plan to Examination

Regulation 17

1.  Send Plan; Consultation statement; Basic Conditions statement; representation hard copies; report summary to examiner

2.  Liaise as required with examiner / Parish Council / forum

3.  If a Fact Check report is produced arrange checking with Parish Council / forum

4.  On receipt of examiners report write committee report to SPS&T recommending course of action (accept report / decline report / accept and make modifications) and if appropriate seek approval for referendum to take place via committee decision.

1, 2 = Planning Officer

 

3, 4 = Planning Officer / Principal Planning Officer / Team Leader

SPS&T decision

 

 

·  Copies of Plan to Examiner

 

·  Examiner’s Report and recommendations

·  Committee report

Publication of examiners report and Decision on whether to proceed to referendum

Regulation 18

1.  Publish decision statement on council website and notify Parish Council / forum of outcome

2.  If agreed, organise referendum - refer to separate list of tasks in Appendix B

3.  If plan does not pass examination write report to SPS&T Committee noting the plan may not proceed to referendum.

 

1 = Planning Officer / Democratic Services Team

 

2 = Planning Officer / Electoral Registrations Team

 

3 = Planning Officer / Principal Planning Officer / Team Leader

SPS&T

Decision

·  If agreed, plan to be modified and referendum to be organised

·  If not agreed notify Parish Council / forum – Parish Council / forum to decide its next steps

Referendum

Separate Regulations[2]

1.  Hold referendum

1 = Electoral Registrations Team

 

·  Referendum

Making the plan

Regulation 19

1.  Write committee report to SPS&T and Full Council recommending the making of the plan ( or refusal if appropriate dependent on referendum outcome)

2.  Publish decision and copy of the plan on the council website, alongside details of where the plan may be inspected;

3.  Notify the Parish Council / forum of the outcome

1 = Planning Officer / Principal Planning Officer / Team Leader

 

2 = Planning Officer / Democratic Services Team

 

3 = Planning Officer

SPS&T recommendation to Full Council

 

Decision of Full Council

·  The plan becomes part of the Development Plan

Publicise the Neighbourhood Plan

Regulation 20

1.  Publicise Neighbourhood Plan on website and where it can be inspected. Inform those involved in the preparation of the Plan that it has been made and where it can be inspected

1 = Planning Officer / Web Team

 

 

·  Formal publicity of Neighbourhood Plan

 

 


 


Appendix A: Regulation 16 Consultation list of tasks

 

1.   Agree dates for the consultation with Parish Council / forum (min 6 weeks)

2.   Agree local deposit points for the documents to be viewed during the consultation (at least 1, preferably 2)

3.   Ensure there is a meeting of SPS&T within the consultation window to allow for MBC response to be agreed

4.   Set up the consultation event in Objective and upload the plan, conditions statement, consultation statement and SEA Screening report

5.   Draft a public notice with dates, info on deposit points and how to comment

6.   Send public notice to Kent Messenger by the previous Friday before the start of the consultation to book a space; raise and send a Purchase Order

7.   Use the public notice text to draft a media release and send to Communications for finessing and sending out

8.   Identify all neighbouring parishes (both inside and outside the borough) using maps and the information stored on the shared folder.

9.   Draft an email to all Councillors and all neighbouring parishes advising of the consultation (again use the public notice text). Send out on the Wednesday before the consultation starts.

10.      Liaise with the Parish Council / forum in producing publicity posters if required to support the consultation.

11.     Arrange the printing and delivery of a copy of the plan, consultation statement and conditions statement for every deposit point. Make sure these are in place before the start of the consultation.

12.      Advise Gateway / Customer Services of the start of the consultation.

13.      Advise the Customer Services Web team of the consultation and request updates to the Neighbourhood Plan pages including a link to the consultation portal

14.     Create a written notification for postal consultees and arrange a mail merge via the print room including the posting out of the notifications on the Monday before the consultation.

15.      Write, circulate and publish a Committee Report for SPS&T outlining the proposed response of MBC to the consultation. Follow the standard processes in Modern Gov and the Committee Services timetabling protocols.

 

 

 

 

 

 

 

 

 

 

Appendix B: Referendum Planning

 

1.   Liaise with Electoral Registration team

2.   Ensure approval to hold referendum is in place

3.   Provide a copy of the plan area as designated

4.   Should ideally be held on a Thursday

5.   There is a 28 day lead in time from the date of decision to hold the referendum to the poll

6.   A detailed timetable will be provided by the Electoral Registrations team

7.   Assistance will be required to complete the Information For Voters and the Information Statement



[1] The Neighbourhood Planning (General) Regulations 2012

[2] The Neighbourhood Planning (Referendums) Regulations 2012