Neighbourhood Plan Basic Conditions Statement

The Chestfield Neighbourhood Plan has been produced by a Neighbourhood Plan Steering Group comprised of members of the community and Chestfield Parish Councillors.

What are the Basic Conditions and why do we need this Statement?

The “Basic Conditions” are a set of conditions that a neighbourhood plan must pass, for it to proceed to referendum. In relation to neighbourhood plans, a plan will pass the basic conditions if:

  1. A) having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the order (or neighbourhood plan).
  2. B) the making of the plan contributes to the achievement of sustainable development.
  3. C) the making of the plan is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area).
  4. D) the making of the plan does not breach, and is otherwise compatible with, EU obligations.
  5. E) prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan.

These requirements (and those for neighbourhood development orders) are formally set out in of paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 Act (as amended by the Localism Act 2011)1.

This Basic Conditions Statement for Chestfield is submitted alongside the Neighbourhood Plan. In submitting the Statement and, through its content demonstrate how our Plan meets the Basic Conditions, we have satisfied one of the requirements of Regulation 15(1) of the Neighbourhood Planning (General) Regulations 2012. This Regulation sets out what the Parish Council, as the ‘qualifying body’, must submit as part of the neighbourhood plan proposal. Regulation 15(1) 2 states that:

“(1) Where a qualifying body submits a plan proposal to the local planning authority, it must include—

  1. a) a map or statement which identifies the area to which the proposed neighbourhood development plan relates;
  2. b) a Consultation Statement;
  3. c) the proposed Neighbourhood Plan; and
  4. d) a statement explaining how the proposed neighbourhood development plan meets the requirements of paragraph 8 of Schedule 4B to the 1990 Act.” (i.e. this Statement).

This Basic Conditions Statement demonstrates how the submission neighbourhood plan meets the basic conditions as required by regulation 15(1)(d) and regulation 22(1)(e) of the Neighbourhood Planning (General) Regulations 2012 (as amended).

1See https://www.legislation.gov.uk/ukpga/2011/20/schedule/10  They are also set out in the National Planning Practice Guidance at http://planningguidance.planningportal.gov.uk/blog/guidance/neighbourhood-planning/the-basic-conditions-that a-draft-neighbourhood-plan-or-order-must-meet-if-it-is-to-proceed-to-referendum/

2See https://www.legislation.gov.uk/uksi/2012/637/regulation/15