Decision details

The Holme Valley Neighbourhood Development Plan (NDP) has been subject to independent examination in accordance with the Neighbourhood Plan Regulations 2012 (as amended) (Regulation 17). The Plan was submitted by Holme Valley Parish Council who are the qualifying body for the NDP in this area.

The Examination commenced on 1^st March 2021 and was conducted through the written representations procedure.

The Examiner’s report was received on 15^th June 2021. The purpose of the Examiner’s report is to make recommendations based on an assessment of whether the plan meets “basic conditions” as set out in paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 (TCPA) and section 38A of the Planning and Compulsory Purchase Act 2004 (PCPA) and whether the Plan should be submitted to a referendum, with or without modifications, and on the area for the referendum.

The Examiner has recommended to Kirklees Council that, subject to recommended modifications being made, the Plan meets the basic conditions and should proceed to a referendum which should be based on the Holme Valley Neighbourhood Area (this is the whole of the Holme Valley Parish and includes part of the Peak District National Park Authority).

The Local Planning Authority’s responsibility at Regulation 18 is to publish the Examiner’s report and plan proposal decisions and subject to agreement with the Examiner’s modifications progress the plan to referendum. Both Kirklees Council and the Peak District National Park Authority will need to agree the outcomes of the Examiner’s report.

If the NDP is made (adopted), following a local referendum, which must receive the support of over 50% of those voting, it will form part of the statutory development plan and full weight can be given to the Plan in the determination of planning applications within the Holme Valley Neighbourhood Area alongside the Kirklees Local Plan.

The purpose of the report will be:

·       To present the officer’s view on the Examiner’s recommended modifications and whether the modified Holme Valley Neighbourhood Plan should proceed to referendum.

·       To set out the next steps to accord with Neighbourhood Planning Regulations 2012 (as amended) and the legislative requirements in respect of the referendum.

·       To agree the ballot question for the Holme Valley NDP.

Subject to a successful referendum supporting the Holme Valley NDP, to seek delegated authority to the Strategic Director (Growth and Regeneration) to make (adopt) the Holme Valley NDP at which point it forms part of the council’s development plan.

1)    That approval be given to the Independent Examiner’s recommendations (as at Appendices 2 and 3) to amend the Holme Valley Neighbourhood Development Plan (as at Appendix 4) and for the plan to proceed to referendum in accordance with the requirements as set out in the Neighbourhood Planning (General) Regulations 2012 (as amended) and the Neighbourhood Planning (Referendum) Regulations 2012.

2)    That approval be given for the following ballot question to be asked at the local referendum, ‘Do you want Kirklees Council and the Peak District National Park Authority to use the neighbourhood plan for the Holme Valley Neighbourhood Area to help it decide planning applications in the neighbourhood area?’

3)    That approval be given to the Decision Statement on the Examiner’s recommendations and its publication, as set out at Appendix 3.

4)    That authority be delegated to the Strategic Director for Growth and Regeneration to make any further modifications to Holme Valley Neighbourhood Development Plan that relate exclusively to factual updates, grammatical and formatting corrections for the purposes of finalising the Neighbourhood Development Plan.

5)    That, subject to a referendum result which supports the Holme Valley Neighbourhood Development Plan (ie, more than 50% of votes favour the plan), Cabinet recommend that Council ‘make’ the Holme Valley Neighbourhood Development Plan, at which point it forms part of the development plan for the Holme Valley Neighbourhood Area alongside the Kirklees Local Plan.