Decision details

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.
In designating the Middleton St George Neighbourhood Plan Area for the purpose of neighbourhood planning, the authority is using the powers of designation set out in the Town and Country Planning Act 1990, as amended by the Localism Act.
Designating the area will enable the Parish Council to undertake neighbourhood planning activity, culminating in a Neighbourhood Plan which, when made by the Authority, will become part of the Borough's statutory development plan.
On 1st July 2014 Middleton St George Parish Council (in association with Low Dinsdale Parish Council) was formally designated as a Neighbourhood Area. However, boundary changes came about via a Community Governance Review in 2016. Subsequently the Parish Council applied to the Council in January 2019 for a new Neighbourhood Area to reflect the changes in the parish boundary and to pursue the preparation of a Neighbourhood Plan. The Parish Council are proposing a Neighbourhood Area of the new parish boundary but excluding land at Durham Tees Valley Airport. Even though the land at the airport falls within the parish boundary it is considered inappropriate for Durham Tees Valley Airport to be included in the Neighbourhood Area due to its strategic importance.
The local authority established that the application was valid, having been proposed by a qualifying body for neighbourhood planning (The Parish Council) and including the required statement and plan of the proposed neighbourhood area. The proposed area does not overlap any other designated or proposed neighbourhood areas.
The Neighbourhood Planning (General) Regulations 2012 (as amended) specify what a local authority must do in receipt of a valid application to designate a Neighbourhood Area. In accordance with regulation 6, Darlington Borough Council invited comments from organisations and individuals on the proposed Neighbourhood Area from 13th February 2019 to 29th March 2019. The consultaton and application was publicised on the Council's website, a number of consultees were notified, and a leaflet prepared for the Parish Council to distribute in the area.
The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016, removed the requirement to publicise and invite representations on applications for designation which consist of the full Parish area. As the propsed Neighbourhood Area does not include the whole of the Parish (airport excluded) a consultation period was required to be undertaken.
The consultation generated four responses on the proposed Neighbourhood Area (please see below for a summary). No concerns or objections were raised.
a) North Yorkshire County Counil reviewed the documents, and no significant issues were identified. No comment on the proposed extent of the Neighbourhood Area.
b) Neasham Parish Council had no observation on the proposed area and associated application.
c)Hambleton District Council had no comments on the proposed plan.
d)Gladman Developments highlighted a number of key requirements to which the development of the emerging neighbourhood area should have regard to. They also outlined that they wish to participate in the plans preparation, to be notified of further developments and consultations in this regard and request to be added to the consultation database. Assistance was als offered in the preparation of the plan and the steering group invited to contact Gladman in this regard. This information will be passed on to the Parish Council. Gladman's land interests at Middleton St George were also outlined which included The Greenway and land at Neasham Road.
Officers have considered the responses received and if the area applied for is appropriate for the purpose of neighbourhood planning; taking into account the Parish Council's statement explaining why the area applied for is considered appropriate to be designated as such. It is considered that the application should be approved and the Neighbourhood Area designated.

To designate Middleton St George Neighbourhood Area for the purpose of Neighbourhood Planning.
Parish boundaries are historic and not developed with Neighbourhood Planning in mind. However, legislation and regulations encourage and seek to expedite neighbourhood planning in Parish areas.
The Neighbourhood Area consists of the Middleton St George Parish area but excluding land at Durham Tees Valley Airport. The airport is regarded as a strategic transport infrastructure of sub-regional significant to the Tees Valley. The purpose of neighbourhood planning is intended to serve local issues and therefore it is considered inappropriate that decisions of sub-regional importance be dealt with through the Neighbourhood Plan process. It is therefore considered appropriate that the airport has been excluded from the area proposed.
The proposed area is relatively small in comparison to neighbourhood areas elsewhere, however the Parish Council has not sought to designate a large area in collaboration with neighbouring parishes. There are no known planning or cross boundary issues which would require a larger area to be designated. Officers consider that it would be appropriate to designate the area as a Neighbourhood Area.

A local planning authority can refused to designated the area applied for if it considers the area is not appropriate. Where it does so, the local planning authority must give reasons. The authority must use its powers of designation to ensure that some or all of the area applied for forms part of one or more designated areas. There are no reasons to suggest that the area applied for should not be designated.