September 2014 Pagham Neighbourhood Plan 2014-2029 Basic Conditions Statement Published by Pagham Parish Council for Consultation under the Neighbourhood Planning (General) Regulations 2012.
1 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 1 Introduction 1.1 This Statement has been prepared by Pagham Parish Council ( the Parish Council ) to accompany its submission to the local planning authority, Arun District Council ( the District Council ) of the Pagham Neighbourhood Development Plan ( the Neighbourhood Plan ) under Regulations 15 of the Neighbourhood Planning (General) Regulations 2012 ( the Regulations ). 1.2 The Neighbourhood Plan has been prepared by the Parish Council, a qualifying body, for the Neighbourhood Area covering the whole of the Parish of Pagham, as designated by the Local Plan Sub-Committee of the District Council on 10 December 2012 (see Plan A). 1.3 The policies described in the Neighbourhood Plan relate to the development and use of land in the designated Neighbourhood Area. The plan period of the Neighbourhood Plan is from 1 April 2014 to 31 March 2029 and it does not contain policies relating to excluded development as defined and required by the Regulations. 1.4 The Statement addresses each of the four basic conditions required of the Regulations and explains how the submitted Neighbourhood Plan meets the requirements of paragraph 8 of Schedule 4B to the 1990 Town & Country Planning Act. 1.5 The Regulations state that a Neighbourhood Plan will be considered to have met the basic conditions if: having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the neighbourhood development plan, the making of the neighbourhood development 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 of the authority (or any part of that area), the making of the neighbourhood development plan does not breach, and is otherwise compatible with, EU obligations. 1
2 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 2. Background 2.1 The Parish Council commenced preparation of the Neighbourhood Plan in 2012. The key drivers of that decision were the encouragement of the District Council to towns and parishes in its district to prepare Neighbourhood Plans and a keenness of the Parish Council to manage local development and to promote the sustainable development in the parish. 2.3 A Steering Group was formed comprising parish councillors and other invited local people and it was delegated authority by the Parish Council to make day-to-day decisions on the Neighbourhood Plan. However, as qualifying body, the Parish Council approved the publication of: the State of the Parish report the Pre-Submission Neighbourhood Plan and a Draft Strategic Environmental Assessment (SEA) report the Submission Neighbourhood Plan, including the final SEA report, a Habitat Regulations Assessment (HRA) report, this Basic Conditions Statement and a Consultation Statement 2.4 The Parish Council has worked with officers of the District Council during the preparation of the Neighbourhood Plan. The positioning of the Neighbourhood Plan in respect of the emerging Arun Local Plan ( the new Local Plan ), which proposes to establish a clear policy framework for neighbourhood plans, has been challenging. Progress on the new Local Plan was delayed in May 2013 when the District Council did not approve the submission of the Plan for pre-examination consultation. The Publication Version of the Local Plan was published in part by the District Council in March 2014 but will not be formally completed for examination until later in 2014. It has not therefore determined the conformity of the Neighbourhood Plan, though it is noted that its policies are broadly in line with those of May 2013. 2.5 In which case, a number of saved policies of the 2003 Local Plan continue to provide a valid policy framework for the Neighbourhood Plan and these have been referenced alongside each proposed policy. The Parish Council was also been keen to use the Neighbourhood Plan to achieve local housing objectives and, in doing so, to realise other community objectives. Although the proposed requirement of 100 homes for Pagham Parish in the plan period in the new Local Plan cannot yet be a formal target, the Neighbourhood Plan has sought to reflect the reasoning and evidence supporting that policy in making its housing provisions by identifying suitable sites. This follows the National Planning Practice Guidance (NPPG) of March 2014, which establishes the principles for how neighbourhood plans may come forward before up-to-date Local Plans (see IP41-008 especially). 2 2.6 The Parish Council proposes to do this by amending the 2003 adopted built up area boundary in the parish in selected locations that meet key criteria, which allow for new housing development and windfall schemes and are each in accordance with the relevant provisions of the National Planning Policy Framework (NPPF) and development plan.
3 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 2 Background continued 2.7 The Neighbourhood Plan therefore contains a series of housing allocation and other policies that are defined on the Proposals Map as being geographically specific. For the most, the plan has deliberately avoided containing policies that may duplicate the many saved and emerging development policies that are, and will continue to be, material considerations in determining planning applications. This has allowed the Neighbourhood Plan to focus on a relatively small number of policies. 2.8 The Neighbourhood Plan has also made a clear distinction between land use planning policies and non-statutory proposals relevant to land use planning. This allows for the examination, and the accompanying SEA and HRA reports, to focus on the requirement of the policies to meet the Basic Conditions but also allows the local community to see the Neighbourhood Plan in the round. In any event, the non-statutory proposals will each have a land use effect at some later point but cannot do so as part of the Neighbourhood Plan as they fall outside its scope. 3. Conformity with National Planning Policy 3.1 The Neighbourhood Plan has been prepared with regard to national policies as set out in the National Planning Policy Framework (NPPF) and is mindful of the National Planning Practice Guidance (NPPG) in respect of formulating neighbourhood plans. 3.2 The Submission document, and the Pre-Submission document that preceded it, both include a specific NPPF conformity reference for each policy and, where relevant, further reference in the supporting text. 3.3 In overall terms, there are four NPPF paragraphs that provide general guidance on neighbourhood planning, to which the Neighbourhood Plan has directly responded: Para 16 3.4 The Parish Council believes the Neighbourhood Plan is planning positively to support the strategic development needs of the district by making housing and employment allocations, which accord with a clear spatial vision for the parish. It also seeks to protect and enhance local shops, agricultural businesses, community facilities and transport assets that benefit the parish. Para 183 3 3.5 The Parish Council believes the Neighbourhood Plan establishes in its Section 3 a vision for the parish that reflects the view of the majority of the local community. It has translated the vision into objectives and then planning policies to determine future planning applications as part of the development plan.
4 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 3. Conformity with National Planning Policy continued Para 184 3.6 The Parish Council believes the Neighbourhood Plan, as is highlighted below, is in general conformity with all the relevant saved policies of the development plan but has also been informed by the reasoning and evidence of the emerging Arun Local Plan, with its strategic housing and other policies. 3.7 The Neighbourhood Plan makes provision for a quantum of housing development 125 new homes plus those from windfall sites that accords with the constraints on the scale of housing development within the 5km buffer zone of the Pagham Harbour Special Protection Area (SPA). It is also considered to strike a positive balance between other physical and policy constraints of the Parish and the desire to meet local housing demand and achieve community benefits. The quantum is considered to be a sensible supply total to allocate land for, given the parish will continue to benefit from windfall housing developments over the plan period. Para 185 3.8 The Neighbourhood Plan avoids duplicating development plan policies by focusing on site-specific policies that translate the general requirements of the development plan into a Pagham context. Once made, the Neighbourhood Plan should be easily considered alongside the development plan and any other material considerations in determining planning applications. 3.9 Set out in Table A below, is a brief summary of how each policy conforms to the NPPF. The particular paragraphs referred to in the table are those considered the most relevant to each policy but this is not intended to be an exhaustive list of all possible relevant paragraphs. Table A: Neighbourhood Plan & NPPF Conformity Summary No. Policy Title NPPF Ref. Commentry 1 A Spatial Plan for the Parish 17, 50, 58, 100, 109, 110, 118 The policy translates the relevant core planning principles of para 17 into an overall spatial plan of the parish and of where development will be directed. It acknowledges the constraints on development imposed by the nearby Pagham Harbour Special Protection Area (SPA) and other nature conservation and landscape protection policies (para 109). It also reflects the importance of steering development away from the vulnerable coastal areas, where flood risk is high. 4
5 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 3. Conformity with National Planning Policy continued Table A: Neighbourhood Plan & NPPF Conformity Summary - continued No. Policy Title NPPF Ref. Commentry 1 A Spatial Plan for the Parish 17, 50, 58, 100, 109, 110, 118 However, the policy has allowed for the selective modifying of the built up area boundary (defined in the adopted 2003 Local Plan) to enable new housing development allocations of 125 dwellings (in addition to windfall sites). In doing so, the policy has cited the NPPF in respect of protecting the SPA para 118), avoiding areas of flood risk (100), avoiding sensitive landscapes (110) and locating development close to existing services where possible (58) as the justification for modifying the boundary. The outcome is a policy that promotes housing development to meet both local needs and to contribute to the supply of housing in Arun District (para 50). It does not establish a housing supply total but has sought to justify boundary changes that result in a quantum of development that follows the reasoning and evidence of the new Local Plan and Arun HRA. In this respect the HRA of the Neighbourhood Plan demonstrates that the policy has avoided any significant environmental effects. The quantum strikes a reasonable balance between meeting housing need and accepting the significant environmental designations in the area and the relative isolation of the village to the strategic road network. 5 2 Housing Site Allocations 50, 58, 70, 100, 118 This policy will deliver a significant increase in housing development in the village, providing a wide choice of homes to sustain the village community (para 50). Both allocations are very close to the Pagham Road village centre and their design will reflect the local character set out in the Village Design Statement (58). The policy requires the delivery and financing of mitigation measures to avoid significant effects on the SPA (para 118) and on flood risk (para 100). The policy proposes the creation of an Accessible Natural Open Green Space of 3Ha that will form a key public asset for the local community (70) and will play a secondary role in the mitigation strategy for the SPA, which will also require financial contributions from developments in Pagham towards access management projects in the SPA.
6 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 3. Conformity with National Planning Policy continued Table A: Neighbourhood Plan & NPPF Conformity Summary - continued No. Policy Title NPPF Ref. Commentry 3 Land at Osborne Refrigeration, Sefter Road 28, 50, 58, 100, 118, 204 This policy would potentially exploit a rare opportunity in the village to promote economic development (para 28) and to deliver new homes to meet local future housing needs (50). The employment scheme would provide local businesses and new businesses to locate in the parish next to an existing business use that would be protected. The adjoining new homes would encourage the delivery of a viable mixed use scheme, the design of which would reflect the local character set out in the Village Design Statement (58). The policy would still require the delivery and financing of mitigation measures to avoid significant effects on the SPA (para 118) and on flood risk (para 100). The policy proposes the allocation makes a financial contribution to the creation of an Accessible Natural Open Green Space proposed in Policy 2 (204) as part of the mitigation strategy for the SPA which would require financial contributions from developments in Pagham towards access management projects in the SPA. 4 Housing Design 58, 59 This policy integrates the adopted Village Design Statement into the PNP to set out the community expectations of the quality of development (para 58). Although not a design code, the Statement provides generic and area-specific guidance on the design features that are appropriate across the different parts of the village (59). 6 5 Open Spaces 73, 76, 77 This policy will enable a number important green spaces in the parish to be protected from development that meet the purpose and criteria of para s 76 and 77. These green spaces are all in close proximity to, and are highly valued by, the local community, in what is one of the most densely-populated parishes in the district. In addition, the policy restates the protection afforded to smaller open spaces that do not qualify for Local Green Space status but are precious to the character of the village and to the local community (73).
7 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 3. Conformity with National Planning Policy continued Table A: Neighbourhood Plan & NPPF Conformity Summary - continued No. Policy Title NPPF Ref. Commentry 6 Employment & Enterprise 28, 112, 118 This policy encourages employment and enterprise subject to their impacts being acceptable to the local surroundings. In doing so, it seeks to make the village more sustainable in terms of its working households to local jobs mix (para 28). It also seeks to protect the highest quality of agricultural land from unnecessary loss (112). Importantly, the policy requires proposals to be able to mitigate their impact on the SPA (118). 7 Local Shops 28, 70 This policy seeks to retain the small number of existing local shops in the village to sustain valued local community services in easy reach of all the households in the parish (para 70) and to sustain local jobs (28). The policy accepts that in some cases a shop use will no longer be viable but it expects that reasonable efforts will be made to find new occupiers. 8 Tourism Development 28 This policy encourages tourism development in the village to create local jobs (para 28).. 9 Education 34, 70, 72, 110 This policy encourages the provision of sufficient school places to meet the needs of the village (para 72) as there is currently no such provision. Its criteria for the location of a future facility require proposals to take into account its proximity to the local community (34), its impact on the landscape (110) and its ability to integrate other local community facilities (70). 10 Agricultural Land 28, 95, 112, 117 This policy encourages agricultural development as an important source of local jobs (para 28) and a sustainable way of using high quality land (112). It encourages renewable energy generation (95) as part of proposals but discourages proposals that will have an adverse effect on biodiversity (117). 7
8 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 4. Contribution to Sustainable Development 4.1 The Neighbourhood Plan incorporates a Strategic Environmental Assessment (SEA) of its environmental effects and a Habitats Regulations Assessment (HRA) of the specific effects of its proposals on the Pagham Harbour Special Protection Area (SPA). The SEA demonstrates that the Neighbourhood Plan will not have any significant environmental impacts; rather its sum of policies will deliver a net positive environmental outcome. The HRA demonstrates that the Neighbourhood Plan policies will not result in significant environmental effects, given they make proper provision for requiring financial contributions to delivering the forthcoming SPA Mitigation Strategy. In addition, the proposed Accessible Natural Open Green Space will play a secondary role in contributing to the mitigation strategy for the wider western Arun and southern Chichester districts. 4.2 A Sustainability Appraisal has not been undertaken as this is not a requirement of a Neighbourhood Plan. However, the Neighbourhood Plan can clearly demonstrate that it has taken account of the need to contribute to the achievement of sustainable development in terms of how its policies will deliver a blend of economic, social and environmental benefits for Ferring. 4.3 The strategic objectives of the Neighbourhood Plan comprise a balance of social, economic and environmental goals. The social goals have been given the greatest emphasis in delivering in meeting the local demand for new homes and securing new community benefits from development. These goals, and its economic goal, are also to secure the long term future of its local shops and services. Its environmental goals are to protect its special landscape value from unsuitable development and to address the local impacts of extreme weather events. 4.4 In practical terms, given the planning policy parameters of the NPPF and development plan on the one hand and the need to deliver a Neighbourhood Plan that would pass a referendum on the other, the scope for alternative strategies blending very different sets of objectives, was very limited. Too little growth would be in likely conflict with the NPPF and, in any event, would undermine important social goals. Too much growth would likely result in significant impacts on the surrounding natural environment of the parish that are counter to the saved development plan policies and the reasoning and evidence of the emerging Arun Local Plan. 4.5 The chosen policies are intended to accurately translate these strategic objectives into viable and effective development management policies and deliverable infrastructure proposals. Collectively, the policies demonstrate that the Neighbourhood Plan will deliver strong social impacts though both economic and environmental impacts score well too. 8
9 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 4. Contribution to Sustainable Development continued 4.6 This outcome may be inevitable of Neighbourhood Plans prepared in similar planning policy circumstances. If local communities are to back development of any scale in this type of location, to the extent they will turn out to vote at a referendum, then there may have to be clear and realisable social benefits they can accrue. But this will rarely be to an environmental or economic cost as local communities will resist such impacts and they will not be in conformity with either the NPPF or development plan. 4.7 The sustainability attributes of each policy are summarised in Table B below. Table B: Neighbourhood Plan & Sustainable Development Summary 9 No. Policy Title Soc. Eco. Env. Commentry 1 A Spatial Plan for the Parish * * * 2 Housing Site Allocations ** * ** The policy focuses development within a modified built up area boundary of Pagham Village. Thus the essential integrity of the Strategic Gap is preserved but the modification allows for a modest provision of 125 dwellings through allocations plus windfall sites over the plan period. This quantum of housing falls within the 130 dwelling number for Pagham and the adjoining parish of Aldwick, which was assessed in the Arun HRA as being deliverable without causing significant effects on the SPA. This scale of development will sustain housing supply in the area, with the social and economic benefits that that will bring. The policy allocates two sites within the modified boundary for 125 dwellings. It will therefore deliver the social and economic benefits of new housing development but in such a way that delivers environmental benefits. The policy requires future planning applications to make financial contributions to the forthcoming SPA Mitigation Strategy in line with other development plan policy. It also requires that full account should be taken of the objectives of the new Local Plan for the Biodiversity Opportunity Area, part of which lies within the Summer Lane site boundary, albeit that part of the site shown on the Proposals Maps as lying outside the Built Up Area Boundary. Importantly, the policy also proposes the creation of an Accessible Natural Open Green Space for the village on the main allocation site (2i) which will deliver a significant community benefit) and requires future planning applications to demonstrate they have specific account of managing flood risk.
10 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 4. Contribution to Sustainable Development continued Table B: Neighbourhood Plan & Sustainable Development Summary No. Policy Title Soc. Eco. Env. Commentry 3 Land at Osborne Refrigeration, Sefter Road * ** * 4 Housing Design * 0 * 5 Open Spaces ** 0 ** The policy supports in principle a mixed use employment and housing scheme on land within the modified built up area boundary. Aside from delivering an important economic benefit from a scarce new employment opportunity site, the policy requires a financial contribution to the Accessible Natural Open Green Space proposal in Policy 2, flood risk to be managed effectively and a significant landscape buffer to the open countryside to the north, leading to an overall environmental benefit. The policy requires future planning applications to make financial contributions to the forthcoming SPA Mitigation Strategy in line with other development plan policy. The policy promotes the adopted Village Design Statement as a key means by which the design of development proposals will be considered. In doing so, the policy will serve an important social and environmental purpose in sustaining the local character of the village. The policy protects from development spaces that are much valued by the local community. It also restates the protection offered to smaller spaces identified in the adopted Village Design Statement. In doing so, it therefore has significant social and environmental benefits 6 Employment & Enterprise * ** 0 The policy offers general support to the protection of existing employment uses and the encouragement of new, small scale economic development within the built up area boundary that is suited to this location. It therefore has a strong economic benefit and in encouraging local job growth will also have social benefits 10 7 Local Shops ** ** 0 The policy seeks to protect local shops from unnecessary loss to other uses that may undermine their vitality and viability of community services. The shops provide valuable services within walking distance of most of the village s households. The policy will therefore have significant social and economic benefits
11 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 4. Contribution to Sustainable Development continued Table B: Neighbourhood Plan & Sustainable Development Summary No. Policy Title Soc. Eco. Env. Commentry 8 Tourism Development * ** 0 The policy encourages tourism proposals that will lead to economic and social benefits arising from new businesses and visitor spend. It assume that proposals will also have to accord with other provisions of the development plan and will therefore be appropriate in scale and location and be able to satisfactorily mitigate any environmental effects. 9 Education ** 0 * The policy makes provision for a potential re-organisation of primary school provision by setting out criteria for a new location in the village. This encouragement will have strong social benefits in bringing this provision closer to Pagham families the village currently has no school and in doing so will reduce the number of car school journeys. 10 Agricultural Land * ** ** The policy encourages the continued use of the highest quality land for agriculture and promotes new farm-based businesses and renewable energy. It therefore has a wider number of sustainability benefits, provided the application of other development plan policies is able to mitigate any adverse environmental effects Key: ** Very Positive * Positive 0 Neutral - Negative -- Very Negative 11
12 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 5. General Conformity with the Development Plan 5.1 The Neighbourhood Plan has been prepared to ensure its general conformity with the strategic policies of the development plan for Arun. 5.2 As described above, the current status of the development plan the adopted 2003 Arun Local Plan and the delays in its replacement during the preparation of the Neighbourhood Plan, has made judging this matter challenging. At the outset, the Parish Council considered the alternative of awaiting the adoption of the new Local Plan as creating an unacceptable risk of uncontrolled development, given the uncertain five year housing land supply position in Arun. 5.3 The 2003 Local Plan could not, of course, have anticipated the existence of the Localism Act almost a decade later and so made no provision for translating generic planning policy into a distinct parish-based plan. However, the Neighbourhood Plan policies are in general conformity with the strategic intent of that Plan and its specific policies. In cases where the Neighbourhood Plan policy requires a justification for an exceptional circumstance to a saved policy then its supporting text makes clear this justification. Table C: Neighbourhood Plan & Development Plan Conformity Summary No. Policy Title Commentry 1 A Spatial Plan for the Parish AALP GEN2, GEN3, GEN7, GEN11, AREA10, AREA13 The policy provides an overall spatial plan of the parish and of where development will be directed. It acknowledges and responds to the constraints on development imposed by the internationally important Pagham Harbour SPA. The PNP proposes that the Built Up Area Boundary, as defined in the 2003 Arun Local Plan, retains its existing alignment for the most part but is modified in accordance with four criteria defined by a combination of NPPF and development policies AREA13 (nature conservation), GEN11 (flood risk) and GEN7 (landscape sensitivity and proximity to services). In doing so, the policy accepts that there will be an incursion into the defined Strategic Gap (AREA10) between Bognor Regis and Chichester in the absence of available land for housing development within the existing boundary. The PNP promotes development within the modified boundary and leaves proposals located outside the boundary to continue to have to conform with development policy protecting the countryside (GEN3). 12
13 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 5. General Conformity with the Development Plan continued Table C: Neighbourhood Plan & Development Plan Conformity Summary - continued No. Policy Title Commentry 2 Housing Site Allocations AALP GEN2, GEN7, GEN11, AREA13, DEV21 The policies apply the general development principles of GEN7 in identifying key conditions of each allocation site to ensure sustainable development proposals. In particular, the policy identifies the need for proposals to demonstrate they comply with development plan policies on flooding (GEN11). It proposes the creational of a new Accessible Natural Open Green Space for the village, which will play a secondary role in mitigating the impact of the development on the Pagham Harbour SPA (AREA13), but makes specific provision for planning applications to delivery and finance the forthcoming SPA Mitigation Strategy. It also seeks a proportion of dwellings to be suited and restricted to elderly household occupation (DEV21). Given the modification of the built up area boundary, both sites fall inside the boundary, either in whole or in part, thereby conforming to policy GEN2. 3 Land at Osborne Refrigeration, Sefter Road AALP GEN2, GEN7, GEN11, AREA13, DEV8 The policy applies the general development principles of GEN7 in identifying key conditions of the support in principle for an employment-led mixed-use scheme to ensure sustainable development proposals. There is no saved development plan policy protecting or enhancing employment land. However, it accords with DEV8 that sets out conditions within which local firms may grow outside the built up area boundary. In particular, the policy identifies the need for proposals to demonstrate they comply with development plan policies on flooding (GEN11) and proposes a financial contribution to the proposed Accessible Natural Open Green Space of Policy 2, which will play a secondary role in mitigating the impact of the development on the Pagham Harbour SPA (AREA13). It also makes specific provision for planning applications to delivery and finance the forthcoming SPA Mitigation Strategy. Given the modification of the built up area boundary, the site falls inside the boundary in part, thereby conforming to policy GEN2. 13
14 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 5. General Conformity with the Development Plan continued Table C: Neighbourhood Plan & Development Plan Conformity Summary - continued No. Policy Title Commentry 4 Housing Design 5 Open Spaces AALP AREA5 AALP GEN7, GEN11, AREA1 The policies apply the general development principles of GEN7 in identifying key design criteria to ensure sustainable development proposals. In particular, the policy identifies the need for proposals to demonstrate they comply with development plan policies on flooding (GEN11) and it also acknowledges the designated Area of Special Character at Barton Close. This policy enables seven important green spaces in the parish to be protected from development in accordance with the NPPF. These green spaces are all in close proximity to, and are highly valued by, the local community, in what is one of the most densely-populated parishes in the district (as evidenced by the Parish Profile). It also references the smaller open spaces in the parish that are identified in the adopted Village Design Statement for protection in line with development plan policy AREA5. 6 Employment & Enterprise AALP GEN7, DEV8, AREA13 This policy encourages new business development within the built up area boundary that is appropriate to this location to encourage new jobs for local people. In doing so, it accords with the general principles of development plan policy GEN7. There is no saved development plan policy protecting or enhancing employment land. However, it accords with DEV8 that sets out conditions within which local firms may grow outside the built up area boundary. The policy also requires proposals to adhere to the provisions of policy AREA13 in respect of mitigating impacts on the SPA. 7 Local Shops AALP DEV27, DEV 30 14 This policy identifies local shops on the Proposals Map to protect and bolster their viability and vitality in accordance with the principles of development plan policies DEV27 and DEV30 controlling the scale of retail development outside principal shopping areas.
15 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 5. General Conformity with the Development Plan continued Table C: Neighbourhood Plan & Development Plan Conformity Summary - continued No. Policy Title Commentry 8 Tourism Development AALP DEV34 This policy restates development plan policy DEV34 in respect of encouraging tourism development in the parish. 9 Education There is no saved development plan policy on this matter 10 Agricultural Land AALP DEV3, GEN3, AREA12 This policy restates and applies a number of development plan policies encouraging and managing horticulture and agriculture development 15
16 Pagham Neighbourhood Development Plan - Basic Conditions Statement, September 2014 6. Compatibility with EU Legislation 6.1 The Neighbourhood Plan has regard to the fundamental rights and freedoms guaranteed under the European Convention on Human Rights and complies with the Human Rights Act. 6.2 A screening opinion was issued by the District Council in July 2013, which advised that the Neighbourhood Plan should be prepared in accordance with EU Directive 2001/42 on strategic environmental assessment (SEA). 6.3 A SEA Scoping Report was published by the Parish Council for consultation with the statutory authorities to complete Stage A of the SEA process. The comments received were taken into account in Stages B and C of drafting the SEA alongside the Pre- Submission Neighbourhood Plan, which was published for consultation with the statutory authorities as well as the general public. The final SEA is published as a separate report to accompany the Submission document. It concludes that there will be no significant environmental effects of the policies of the Neighbourhood Plan. 6.4 The Neighbourhood Area includes part of the Pagham Harbour Special Protection Area, a European designated nature site. A Habitats Regulation Assessment report has therefore been prepared to accompany the Neighbourhood Plan in accordance with the EU Habitats Regulations. The 2013 Arun HRA had already screened out a range of potential effects of development on the SPA and had established a total quantum of housing development through housing site allocations(130 homes) that would be acceptable in Pagham and Aldwick (the neighbouring parish) without causing significant effects on the SPA. The Neighbourhood Plan HRA report therefore assessed the effects of development provided for in Pagham in respect of disturbance to birds from recreational pressure. It concluded that the requirements of the policies in this respect had ensured there will be no significant effects on the SPA. 16