What are the basic conditions?
Neighbourhood plans must comply with the basic conditions set out in paragraph 8 of Schedule 4B of the Town and Country Planning Act 1990 (as amended) in order to proceed to referendum. These state that the plan must:
- Have regard to national policies and advice, such as the National Planning Policy Framework
- Contribute to the achievement of sustainable development
- Be in general conformity with the strategic policies in the development plan for the area (our Core Strategy and our other development plan documents)
- Be compatible with European obligations and human rights requirements
What do groups need to include in their basic conditions statement?
A statement explaining how a neighbourhood plan meets these basic conditions must be submitted alongside the neighbourhood plan. The statement must confirm the following:
- The organisation submitting the plan is a qualifying body entitled to submit a plan (in our area this will be either a town or parish council)
- The proposed plan meets the statutory requirements for a neighbourhood plan (i.e. the plan sets out policies for the development and use of land within a specified neighbourhood area)
- The plan period during which the policies will have effect
- The policies do not relate to excluded development, such as minerals and waste matters or nationally significant infrastructure projects
- The plan only relates to one neighbourhood area and there are no other neighbourhood plans in place that cover any part of the neighbourhood area
Further information on these conditions is available in national neighbourhood planning guidance provided by central government.
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