URL: https://scambs.moderngov.co.uk/ieDecisionDetails.aspx?ID=12845

Decision Maker: Joint Director for Planning and Economic Development

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: The purpose of this report is to consider the conclusions of the Examiner’s Report on the Harston Neighbourhood Plan, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions.   

Content: The purpose of this report is to consider the conclusions of the Examiner’s Report on the Harston Neighbourhood Plan, and whether those conclusions should be acted upon and therefore that the Neighbourhood Plan should proceed to referendum. This includes considering whether the examiner’s recommended modifications to the Neighbourhood Plan should be made, and whether the Council agrees that the Neighbourhood Plan meets the Basic Conditions.    That the Joint Director for Planning, having consulted with the Lead Cabinet Member for Planning, recommends that Council Notes that the referendum for the HarstonNeighbourhood Plan took place on 4 September 2025. ‘Makes’ (adopts) the Harston Neighbourhood Plan (appendix 1 to this report) as a part of the statutory “Development Plan” for South Cambridgeshire following the successful referendum.   Where a Neighbourhood Plan is successful at its referendum, national planning legislation requires that the Council ‘makes’ (adopts) the Neighbourhood Plan, unless the making of the Neighbourhood Plan would breach or is otherwise incompatible with EU or human rights obligations.   Officers have concluded that the Harston Neighbourhood Plan would not breach or be otherwise incompatible with EU or human rights obligations, as set out in the Considerations section.    Where a Neighbourhood Plan is successful at its referendum, SCDC has limited options in how to respond. National planning legislation requires that the Council ‘makes’ (adopts) the Neighbourhood Plan, unless the making of the Neighbourhood Plan would breach or is otherwise incompatible with EU or human rights obligations.   Officers have concluded that the Harston Neighbourhood Plan would not breach or be otherwise incompatible with EU or human rights obligations, as set out in the Considerations section. In the writing of this report, taking into account financial, legal, staffing, risk management, equality and diversity, climate change, community safety and any other key issues, the following implications have been considered:   Financial and fraud: the costs of the examination and referendum have to be initially met by SCDC. However, the Council can claim a £20,000 government grant per Neighbourhood Plan once the plan has been through the examination and a referendum date has been set. Officers will submit the claim for this government grant during the next claims opportunity.   Legal: where a Neighbourhood Plan has been successful at referendum and should therefore proceed to being formally ‘made’ (adopted) by the Council, the Joint Director for Planning has delegated authority to make the recommendation to Council, in consultation with the Lead Member for Planning (as agreed by Cabinet at its meeting on 26 July 2018). Following a successful referendum, national planning legislation requires that the Council ‘makes’ (adopts) the Neighbourhood Plan, unless the making of the Neighbourhood Plan would breach or is otherwise incompatible with EU or human rights obligations. A legal challenge may only be made on the basis of a procedural or other legal flaw in the plan making process.   Staffing: the responsibilities associated with delivering neighbourhood planning are being undertaken within the existing resources of the Planning Policy, Strategy and Economy Team, drawing upon the expertise of other staff as required.   Equality and Diversity: these issues have been considered in the preparation of the Neighbourhood Plan, as to meet the Basic Conditions a Neighbourhood Plan must not breach, and is otherwise compatible with, EU obligations, including Human Rights. Included as part of the Basic Conditions Statement is an Equalities Impact Assessment undertaken by Harston Parish Council to examine the impact of the Neighbourhood Plan in relation to the ‘protected characteristics’ as identified in the Equality Act 2010. The Equalities Impact Assessment concludes that: a number of policies in the Neighbourhood Plan could have positive benefits for specific protected characteristics; there are no negative equality impacts that arise from the policies or proposals contained within the Neighbourhood Plan; and the Neighbourhood Plan does not raise any issues in relation to any of the convention rights in the Human Rights Act 1998. The Examiner agreed with this assessment.   Climate change: these issues have been considered in the preparation of the Neighbourhood Plan. The plan includes a variety of policies that consider climate change adaptation and mitigation, in particular around improving the natural environment and increasing parish biodiversity and supporting low carbon living. The plan also has a significant focus on ensuring that development proposals that will be brought forward in the village will be designed and delivered sustainably. The neighbourhood plan includes policies that seek to protect and enhance landscape character and increase parish biodiversity; ensuring that development proposals will have to consider local context and provide appropriate biodiversity improvements. Climate change and flooding is addressed by policies in chapter 9 of the plan: Policy HAR 11 seeks to ensure that development proposals adopt design and construction approaches that deliver low or zero carbon homes and buildings that demonstrate sustainable use of resources and high energy efficiency levels, Policy 12 supports in principle standalone renewable energy infrastructure particularly where such schemes are community-led to facilitate low carbon living in the village and Policy 13 addressed the management of flood risk in Harston Parish. Policy HAR 21 and HAR 22 refer to making improvements to active travel routes with the aim of encouraging greater active travel in the village and subsequently reducing carbon emissions from transport. Any development proposals within the Harston neighbourhood area will also need to take account of climate change policies in the NPPF and adopted South Cambridgeshire Local Plan 2018.

Date of Decision: September 19, 2025