Norton St Philip

Publication of further modifications to the Norton St Philip Neighbourhood Plan following Court of Appeal Judgement.

DEADLINE EXTENDED;  the deadline for comments on further modifications to the Norton St Philip Neighbourhood Plan has been extended until midnight on Friday 23rd April.

Norton St Philip Parish Council submitted their Neighbourhood Plan to Mendip District Council for examination under Part 5 of the Neighbourhood Planning (General) Regulations 2012 (as amended) in 2019. 

The Neighbourhood Plan for Norton St Philip (the Plan) was considered by Cabinet on 2nd September 2019 with a recommendation that the modified Plan should proceed to a local referendum and Cabinet resolved to accept the recommendation.  

This decision was subsequently challenged by way of a Judicial Review.  Following hearings in the High Court and Court of Appeal, the Cabinet decision to approve the Norton St Philip Neighbourhood Plan and allow it to proceed to referendum was quashed on 2nd October 2020.  

On 1st March 2021 Cabinet agreed to carry out consultation on further modifications to the Plan, together with the earlier modifications identified by the Examiner and at the Cabinet meeting of 2nd September 2019. These proposed modifications are set out in Appendix 1 which can be viewed below: 

Icon for pdf Norton St Philip further modifications, Appendix, March 2021 [846.2KB] 

Comments are invited on the proposed further modification. 

Consultation responses will be reported to Cabinet and carefully considered  before Cabinet determines whether the Plan (as modified) meets the Basic Conditions, is compatible with Convention Rights and the requirements of legislation and should proceed to a referendum.  

Any referendum can only take place once COVID-19 restrictions are lifted. 

Extensive consultation has already been carried out by the Parish Council and Mendip District Council at earlier stages in plan preparation.  Only comments on the proposed further modifications will therefore be accepted.  

The consultation will run between Wednesday 3rd March 2021 and Friday 23rd April 2021 and representations received outside this period may not be accepted.  

The further modifications and other Neighbourhood Plan documents are available on this page or available to view at the following location: 

  • Church Porch, Church Street, Norton St Philip 

Representations may include a request to be notified of the Local Planning Authority decision under regulation 19 (decision on a plan proposal). 

Please send comments to planningpolicy@mendip.gov.uk or by post to Planning Policy, Mendip District Council, Cannard's Grave Road, Shepton Mallet, Somerset BA4 5BT. 

Should you have any queries or require any further information, please contact a member of the planning policy team by email planningpolicy@mendip.gov.uk or by telephone: 0300 303 8588

Representations Received in Response to Further Modifications Consultation

Icon for pdf FM1 - Harrison Grant_Redacted [255.7KB]
Icon for pdf FM2 - L and B Baker_Redacted [26.49KB]
Icon for pdf FM3 - Mr M Lutterloch_Redacted [89.77KB]
Icon for pdf FM4 - Mrs M Clarke_Redacted [32.88KB]
Icon for pdf FM5 - Mrs R L Clarke_Redacted [35.23KB]
Icon for pdf FM6 - N and G Brown_Redacted [89.39KB]
Icon for pdf FM7 - Dr P Girling and Mr A Parnell_Redacted [93.58KB]
Icon for pdf FM8 - S and G Lock_Redacted [66.83KB]
Icon for pdf FM9 - Mr D Lockley_Redacted [93.4KB]
Icon for pdf FM10 - Mr G Roe_Redacted [32.76KB]
Icon for pdf FM11 - Mr J Weiss_Redacted [35.4KB]
Icon for pdf FM12 - CM Borgman_Redacted [31.62KB]
Icon for pdf FM13 - Coal Authority_Redacted [350.79KB]
Icon for pdf FM14 - M Lee_Redacted [40.2KB]
Icon for pdf FM15 - J Cook_Redacted [27.51KB]
Icon for pdf FM16 - P and S Hayward_Redacted [115.96KB]
Icon for pdf FM17 - Fortescue Fields Management Company Ltd_Redacted [318.37KB]
Icon for pdf FM18 - S Maggs_Redacted [83.72KB]
Icon for pdf FM19 - R Finlay_Redacted [55.19KB]
Icon for pdf FM20 - G and C Massey_Redacted [84.45KB]
Icon for pdf FM21 - Environment Agency_Redacted [7.04KB]
Icon for pdf FM22 - Lochailort Investments_Redacted [3.1MB]

Injunction and Judicial Review

This Neighbourhood Plan was subject to a Judicial Review challenging the decision of Council Cabinet made on 2nd September 2019 to accept the examiners report and allow the neighbourhood plan to proceed to referendum. The High Court Judgement dismissing this challenge on all grounds can be found Icon for pdf here [392.59KB].  An application to the Court of Appeal was made on 1st June 2020 and heard on 28th July. The grounds of appeal are Icon for pdf here [109.48KB].  

Judgement was received on 2nd October 2020 and can be viewed  Icon for pdf Judgement received on 2nd October 2020 1259 [328.23KB] 

It upholds the Councils position on 3 substantive grounds of appeal.  The judgement concludes that:

  • 10 Local Green Spaces are lawfully designated by the Plan,
  • the Neighbourhood Plan Examiner had sufficient expertise and experience and understood the policy background to the Plan, and
  • the Neighbourhood Plan did not misinterpret strategic policies in the development plan.

However, the judgement rules that policy 5, setting out the types of development that may be permitted within the Local Green Spaces, is more restrictive than national policy and the additional restrictions had not been sufficiently justified in the Plan.

As policy 5 is not considered lawful, the Council's decision to submit the Plan to referendum is therefore quashed -  Icon for pdf see decision order [746.8KB] 

The Council is now considering how best to support the community in Norton St Philip and to move towards an amended Neighbourhood Plan, on which a referendum can be held when Covid restrictions allow. Any changes to the plan will be subject to additional consultation.

Referendum Documents - September 2019

The plan and supporting documents which were subject to injunction and legal challenge can be found below.

The Neighbourhood Plan (September 2019) as modified:  Icon for pdf Norton St Philip Neighbourhood Plan with modifications [5.0MB]

The Character Assessment (September 2019) as modified:  Icon for pdf Character Assessment, as modified [11.55MB]

Summary of representations made at regulation 16:  Icon for pdf Reg 16 Summary of Responses [96.61KB]

The Examiners report and Neighbourhood Plan as submitted are available below.

Norton St Philip Neighbourhood Plan Examination Report

Norton St Philip Parish Council submitted their Neighbourhood Plan to Mendip District Council for examination under Part 5 of the Neighbourhood Planning (General) Regulations 2012 (as amended)  and consultation was carried out under Regulation 16 between Friday 1st March 2019 and Friday 12th April 2019. Representation were received during this period.  An examination of the plan has been carried out and the Examination Report was received on 19th July 2019 and is available to view below:

Icon for pdf Examiner Report for Norton St Philip NP [287.25KB]

The Neighbourhood Plan contains local objectives and policies for the Parish of Norton St Philip, including protecting the character and heritage of the area, design requirements for new building, local green spaces and housing needs.

When examining the Neighbourhood Plan, the Examiner will only consider matters in the box below.

When examining the Neighbourhood Plan, the Examiner is required to consider the following:

A  Whether the draft neighbourhood development plan meets the "basic conditions" outlined in the Regulations as:

  • having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the neighbourhood plan;
  • the making of the neighbourhood plan contributes to the achievement of sustainable development;
  • The making of the neighbourhood development plan is in general conformity with the strategic policies contained in the development plan for the area
  • the making of the neighbourhood plan does not breach, and is otherwise compatible with European Union (EU) obligations
  • Prescribed conditions are met in relation to the neighbourhood plan and prescribed matters have been complied with in connection with the proposal for the neighbourhood plan.

B Whether the draft neighbourhood development plan complies with the provision made by or under sections 38A and 38B of the Planning and Compulsory Purchase Act 2004

C Whether the area for any referendum should extend beyond the neighbourhood area to which the draft neighbourhood development plan relates

D Whether the draft neighbourhood development plan is compatible with the European Convention on Human Rights

E The making of the neighbourhood plan does not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017

The submitted documents are available or can be made available to view in hard copy at the following location:

  • Mendip District Council Offices, Cannards Grave Road, Shepton Mallet BA4 5BT (Opening hours 8.30 am - 5 pm Monday - Friday)

The Documents submitted for Examination are listed below:

Documents

Evidence Base documents

Representations should be made using the response form available here in Icon for word word format [59.59KB], Icon for pdf PDF format [207.34KB] or upon request from the Council. The respondent's name and contact details should be clearly stated on the form, along with the matter concerned and relevant section or policy number. The form also includes opportunity to request notification of the final decision on the plan under regulation 19 of the Neighbourhood Plan Regulations 2012 (as amended).

Please note that representations should be attributable to named individuals or organisations at a postal address. Any representation received will be published on the Council's Website, including your name.

Representations received in response to Reg 16 consultation

Icon for pdf 1 Roy Clarke on behalf of Bina Ford_Redacted [14.47MB]
Icon for pdf 2 Coal Authority Response received 01.04.2019_Redacted [350.35KB]
Icon for pdf 3 Lochailort Investments_Redacted [359.53KB]
Icon for pdf 4 Natural England_Redacted [62.33KB]
Icon for pdf 5 Rocke Associates on behalf of Bell Hill Garage_Redacted.pdf [5.09MB]
Icon for pdf 6 Historic England_Redacted [3.22MB]
Icon for pdf 7 John Oliver_Redacted [1.62MB]
Icon for pdf 8 Cllr Linda Oliver_Redacted [9.37MB]
Icon for pdf 9 Rights of Way Somerset County Council_Redacted [3.0MB]

Qualifying Body response to representations received

Icon for pdf Reg 16 Response 26.04.19 [104.15KB]

Completed forms should be emailed to planningpolicy@mendip.gov.uk or posted to Planning Policy, Mendip District Council, Cannards Grave Road, Shepton Mallet, BA4 5BT.

Should you have any queries or require any further information then please contact a member of the planning policy team by email planningpolicy@mendip.gov.uk or by telephone: 0300 303 8588.

Area Designation

on 9th April 2018 Mendip District Council resolved that the Norton St Philip Neighbourhood Area be designated in accordance with Section 61G of the Town and Country Planning Act 1990 as amended for the purposes of Neighbourhood Planning.

The "qualifying body" applying for designation is Norton St Philip Parish Council.

Copies of the Decision Report and Area Application are available to download below:

Maps showing the designated area as well as a district-wide map showing those areas that have been designated can be downloaded below:

Please note that Neighbourhood Plans are supported by Mendip District Council but prepared by the Town or Parish Councils themselves.  For further information on the progress of the Plan or details of how you can get involved then please see the Parish website.

If you have any questions regarding the area designation process then please contact Jo Milling by e-mail to: jo.milling@mendip.gov.uk or telephone 01749 341569

For further information on voting in the referendum visit the Norton St Philip voting page