Decision details

To confirm that the Middleton St George Neighbourhood Plan, as modified by the examiner’s recommendations, can proceed to referendum.

Neighbourhood Planning was introduced under the Localism Act 2011 and provided communities with the opportunity to develop a community led framework for guiding future development, regeneration and conservation of an area. Once ‘made’ a Neighbourhood Plan will become part of the development plan which planning applications will be assessed against.

On the 14th May 2019 Middleton St George Parish, excluding land at Teesside International Airport, was formally designated as a Neighbourhood Area, for the purpose of preparing a Neighbourhood Plan. Over the following months Middleton St George Parish Council (the Qualifying Body) prepared the Neighbourhood Plan which included substantial consultation with the local community and stakeholders.

The Plan and supporting documents were submitted formally to the Council on the 13th April 2021. Darlington Borough Council publicised the submitted version of the Plan and supporting documents between 29th September 2021 and 11th November 2021 in line with the Neighbourhood Planning Regulations.

In January 2022, Darlington Borough Council, in agreement with the qualifying body appointed an independent examiner, Rosemary Kidd MRTPI, to undertake an examination of the Plan following the publicity period. The plan, associated documents and all of the representations received during the publicity period were sent to the examiner. The examination was undertaken via written representations and included an unaccompanied site visit of the Neighbourhood Plan Area by the examiner. The purpose of the independent examination is to test whether or not the draft neighbourhood plan meets the basic conditions and other matters set out in paragraph 8 of Schedule 4B of the Town and Country Planning Act 1990 (as amended).

The Examiner’s Report was received in May 2022 (annex 1) and recommended that, subject to a number of proposed modifications, the Plan should proceed to referendum. The modifications are required to ensure that the Plan meets the basic conditions set out in the legislation. It was also recommended that the referendum area matches that of the Neighbourhood Area.

In accordance with the legislation, the Local Planning Authority must decide what action to take in response to the examiner’s recommendations, what modifications to make to the Plan and whether the Plan should proceed to referendum. If the Local Planning Authority is satisfied that the Plan can proceed to referendum, it is also required to consider whether the Referendum Area should be extended beyond the designated Neighbourhood Area.

Having considered the examiner’s report, officers accept the examiner’s recommendations, consider the Plan as modified, complies with the legal requirements and can proceed to referendum. The modified plan can be found at annex 2. Officers also agree with the examiner’s recommendation that the referendum area should be based on the designated Middleton St George Neighbourhood Area. A decision statement has been prepared (annex 3) which will be publicised if approval is given.

To progress the Middleton St George Neighbourhood Plan, as modified, to referendum. To confirm that the referendum area is to be the same as the Neighbourhood Area as recommended by the examiner.

It is considered that the Neighbourhood Plan, as modified, meets the statutory requirement’s including the basic conditions and should therefore proceed to referendum. There is no information to suggest that the referendum area should not match the Neighbourhood Area.

The Local Planning Authority can refuse to take a Neighbourhood Plan forward if they are not satisfied with the proposal. The examiner’s recommendations are not binding, however clear reasons would need to be given for departing from them. If a Local Planning Authority proposes to make a decision which differs from that recommended by an examiner, it must notify the qualifying body, anyone whose representation was submitted to the examiner and any consultation body that was previously consulted of their proposed decision (and the reason for it) and invite representations for a period of six weeks.

As outlined above officers have reviewed the examiner’s report and are satisfied with the recommendations. Subject to the modifications recommended, it is considered that the Neighbourhood Plan meets the statutory requirements and can proceed to referendum. It is considered that there are no clear reasons that the plan should not proceed to referendum.

As outlined by the examiner in her report, there is also no information to suggest other than that the referendum area matches that of the Neighbourhood Area.