Appendix 1 St Ives Neighbourhood Development Plan Legal Compliance Check Stage Description Relevant Actions Compliant legislation and regulations Definition of a An area that is designated by the LPA as a 1990Act 61G (1) neighbourhood neighbourhood area when a parish council applies (2) area Information on The information that should be submitted to the LPA is: Regulation 5 St Ives Town council sent an Yes 1. A map identifying the area 1990 Act 61G (2) application for area designation on receipt of area 2. Statement explaining why it is considered an b. 26 June 2013, with a map of the application for appropriate neighbourhood area parish, stating that the whole parish a NDP 3. Statement that the organisation making the was considered to be an appropriate application is a relevant body. area and that they, as Town Council, If the application does not contain this information it were the qualifying body. should be returned. Publicising the The LPA should, as soon as possible after receipt of Regulation 6 Application publicised on CC website Yes application the application for area designation, publicise* the 18 July 29 August 2013 – for the area application on its website and in such other manner as Advertisement placed in Cornish NDP they consider is likely to bring the area application to Times 18 July 2013 the Information publicised as per attention of people who live, work or carry on business Regulation 6 in the area to which the applications relates and invite representations for a period of not less than 6 weeks. The information to be publicised is: 1. a copy of the area application 2. details of how to make representations 3. details of the deadline for representations, not less than 6 after the date of publication. Determining The LPA should be sure that parish council 1990 Act 61G (3) Individual Portfolio Holder Decision Yes the application applications cover part or all of the Parish. (4) Report 29 November 2013 criteria for a In determining the application, the LPA must consider: (7) Decision notice 2 December 2013 neighbourhood 1. how desirable it is to designate the whole of the 61H (1) area parish area as a neighbourhood area, and
Appendix 1 St Ives Neighbourhood Development Plan Legal Compliance Check Stage Description Relevant legislation and regulations Actions Compliant Definition of a neighbourhood area An area that is designated by the LPA as a neighbourhood area when a parish council applies 1990Act 61G (1) (2) Information on receipt of area application for a NDP The information that should be submitted to the LPA is: 1. A map identifying the area 2. Statement explaining why it is considered an appropriate neighbourhood area 3. Statement that the organisation making the application is a relevant body. If the application does not contain this information it should be returned. Regulation 5 1990 Act 61G (2) b. St Ives Town council sent an application for area designation on 26 June 2013, with a map of the parish, stating that the whole parish was considered to be an appropriate area and that they, as Town Council, were the qualifying body. Yes Publicising the application for the area NDP The LPA should, as soon as possible after receipt of the application for area designation, publicise* the application on its website and in such other manner as they consider is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the applications relates and invite representations for a period of not less than 6 weeks. The information to be publicised is: 1. a copy of the area application 2. details of how to make representations 3. details of the deadline for representations, not less than 6 after the date of publication. Regulation 6 Application publicised on CC website 18 July – 29 August 2013 Advertisement placed in Cornish Times 18 July 2013 Information publicised as per Regulation 6 Yes Determining the application criteria for a neighbourhood area The LPA should be sure that parish council applications cover part or all of the Parish. In determining the application, the LPA must consider: 1. how desirable it is to designate the whole of the parish area as a neighbourhood area, and 1990 Act 61G (3) (4) (7) 61H (1) Individual Portfolio Holder Decision Report 29 November 2013 Decision notice 2 December 2013 Yes
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