Agenda item - Designation of a Neighbourhood Area and Neighbourhood Forum - Hove Station Neighbourhoods

Report of the Executive Director for Environment, Development and Housing (copy attached).

RESOLVED – (1) That the committee refuse the application from Hove Station Neighbourhoods Forum for the Neighbourhood Area set out in Appendix 1 for the reasons set out in this report and précised in the draft decision notice set out in Appendix 13 and approve the designation of the Hove Station Neighbourhood Area as a neighbourhood area within the meaning of the Town and Country Planning Act 1990 the extent of which Area is delineated on the map forming appendix 11 to this report.

(2) That the committee authorises the Head of Planning & Public Protection* to designate the Hove Station Neighbourhood Forum as a neighbourhood forum within the meaning of the Town and Country Planning Act 1990 subject to the Head of Planning & Public Protection*:

a) being satisfied that the neighbourhood forum meets the statutory criteria set out in paragraph 3.5 hereof; and

b) seeking agreement as to how the Hove Station Neighbourhood Forum will engage with people, groups and forums in adjacent areas and take their views into account in the drafting of any neighbourhood development plan.

(3) That the committee refuse the application from Hove Park Neighbourhood Forum for the Neighbourhood Area set out in Appendix 2 for the reasons set out in this report and précised in the draft decision notice set out in Appendix 14 and approve the designation of the Hove Park Neighbourhood Area as a neighbourhood area within the meaning of the Town and Country Planning Act 1990 the extent of which Area is delineated on the map forming appendix 12 to this report.

(4) That the committee authorises the Head of Planning & Public Protection* to designate the Hove Park Neighbourhood Forum as a neighbourhood forum within the meaning of the Town and Country Planning Act 1990 subject to the Head of Planning & Public Protection*:

a)    being satisfied that the neighbourhood forum meets the statutory criteria set out in paragraph 3.5 hereof; and

b)    seeking agreement as to how the Hove Park Neighbourhood Forum will engage with people, groups and forums in adjacent areas and take their views into account in the drafting of any neighbourhood development plan.

23.1    Before proceeding to formal consideration of the report Councillor Brown spoke in her capacity as one of the Ward Councillors for Hove Park Ward setting out her concerns regarding the recommendations set out in the report. Councillor Brown explained that both Ward Councillors and a number of residents (a petition had been prepared containing 797 signatures) were of the view that the Hove Park Forum Area should encompass the whole of the Hove Park Ward and should include as requested the Sackville Trading Estate and Goldstone Retail Park.

23.2    Officers were recommending that these areas should be included in the Hove Station Forum Area. Hove Park Ward councillors and residents were however of the view that any development on these sites would affect residents of their ward, especially those living close by, more than residents in the Hove Station Forum area which was mainly south of the railway line.

23.3    The Committee considered a report of the Executive Director of Environment, Development and Housing the purpose of which was to determine four neighbouring planning applications, two of which related to the designation of neighbourhood areas Hove Station Neighbourhood Area and Hove Park Neighbourhood Area. The other two applications were linked to the area applications and related to the designation of the neighbourhood forums for Hove Station and Hove Park. These designations were part of the neighbourhood planning provisions introduced by the Localism Act 2011. Once designated they would enable the forums to prepare a neighbourhood development plan for their respective areas.

23.4    The Head of Planning Strategy explained that four valid applications had been received. The areas proposed were each valid in their own right except in so far as they overlapped. Officers had tried to encourage the two area groups to reach a compromise which was acceptable to both, however, agreement had not been reached and officers had therefore put forward their recommendations, the rationale for which was set out in the report. Officers views in respect of DA      6 were set out based on their assessment which had been made on planning grounds and met all of the technical requirements of the legislation. In response to the issues raised by representatives of both groups officers had sought to detail the significant amount of correspondence received in a neutral manner without attaching undue weight to it.

23.5    The Chair, Councillor Bowden commended the work undertaken by officers in bringing the report forward stating that he hoped that agreement could be reached.

23.6    Councillor Robins sought confirmation as to whether it would be possible to set up areas which did not include the areas of contention and it was explained that this was not a practical option; it was not intended that there should be gaps between areas. Councillor Robins also sought clarification regarding the powers which the neighbourhood forums would have and it was explained that they would have the power to draw up neighbourhood plans which would guide development within a given area, although the City Plan itself would retain primacy in guiding strategic development. Councillor Robins stated that as he felt uncomfortable in being placed in the position of potentially voting to choose between the requests of one area and another, he sought clarification of the procedure by which any decision would be made.

23.7    The Legal Adviser to the Committee explained that the proposed Conservative Group amendments which had been notified in advance of the meeting needed to be put and voted on. If they were agreed they would then become the substantive recommendations. If the amendments were lost the recommendations set out in the officer report would then be voted on.

23.8    Councillor K Norman then put the Conservative Group amendments which are set out below. He explained that he considered that they represented a reasoned way forward for the reasons indicated by the two Ward Councillors. Councillor C Theobald concurred with all that had been said by Councillor Norman and the Ward Councillors and was happy to support the amendments: These were as follows:

Proposed Conservative Group Amendment:

2. RECOMMENDATIONS:

2.1 That the committee refuse the application from Hove Station Neighbourhoods Forum for the Neighbourhood Area set out in Appendix 1 for the reasons set out in this report and précised in the draft decision notice set out in Appendix 13 and approve the designation of the Hove Station Neighbourhood Area as a neighbourhood area within the meaning of the Town and Country Planning Act 1990 the extent of which Area is delineated on the map forming appendix 11 to this report, with the exception of the areas which fall within the Hove Park Ward boundary including Sackville Trading Estate and the Goldstone Retail Park.

2.2 That the committee authorises the Head of Planning & Public Protection* to designate the Hove Station Neighbourhood Forum as a neighbourhood forum within the meaning of the Town and Country Planning Act 1990 subject to the Head of Planning & Public Protection*:

a) being satisfied that the neighbourhood forum meets the statutory criteria set out in paragraph 3.5 hereof; and

b) seeking agreement as to how the Hove Station Neighbourhood Forum will

engage with people, groups and forums in adjacent areas and take their views into account in the drafting of any neighbourhood development plan.

2.3 That the committee refuse approve the application from Hove Park Neighbourhood Forum for the Neighbourhood Area set out in Appendix 2 for the reasons set out in this report and précised in the draft decision notice set out in Appendix 14 and approve the designation of the Hove Park Neighbourhood Area as a neighbourhood area within the meaning of the Town and Country Planning Act 1990 the extent of which Area is delineated on the map forming appendix 12 to this report.

2.4 That the committee authorises the Head of Planning & Public Protection* to designate the Hove Park Neighbourhood Forum as a neighbourhood forum within the meaning of the Town and Country Planning Act 1990 subject to the Head of Planning & Public Protection*:

a) being satisfied that the neighbourhood forum meets the statutory criteria set out in paragraph 3.5 hereof; and

b) seeking agreement as to how the Hove Park Neighbourhood Forum will engage with people, groups and forums in adjacent areas and take their views into account in the drafting of any neighbourhood development plan

Proposed by: Cllr. Ken Norman

Seconded by: Cllr. Carol Theobald

23.9    Councillor Robins re-iterated that he did not feel able to vote in respect of the proposed amendments for the reasons he had already stated and would therefore be abstaining. Councillor Morgan concurred stating that he considered it regrettable that the Government had framed the legislation in such manner that it could give rise to dissention between neighbourhoods in this way, each clearly had what they perceived to be the best interests of their local communities at heart.

23.10  Councillor Randall referred to Councillor Morgan’s own Ward where local neighbourhood communities had been working together well and were not constrained within a single ward boundary.

23.11  A vote was taken and on a vote of 4 to 4 with 2 abstentions, the proposed amendment was lost on the Chair’s casting vote.

23.12  In answer to questions as to whether a designated neighbourhood area could be amended at a later date, it was explained that whilst the legislation did not explicitly allow for this, it might in theory be possible at the discretion of the council. The Chair stated that the degree of dissention which appeared to have been generated in respect of these proposed neighbourhood areas was regrettable and he feared might deter other areas of the city from engaging with the process. If the recommendations contained in the report were agreed he hoped all parties would co-operate in moving the proposals forward.

23.13  The amendment having been lost the Committee then went on to consider and vote on the recommendations set out in the officers’ report. A vote was taken and Members agreed the resolutions set out below on a vote of 6 for with four abstentions.

23.14  RESOLVED – (1) That the committee refuse the application from Hove Station Neighbourhoods Forum for the Neighbourhood Area set out in Appendix 1 for the reasons set out in this report and précised in the draft decision notice set out in Appendix 13 and approve the designation of the Hove Station Neighbourhood Area as a neighbourhood area within the meaning of the Town and Country Planning Act 1990 the extent of which Area is delineated on the map forming appendix 11 to this report.

            (2) That the committee authorises the Head of Planning & Public Protection* to designate the Hove Station Neighbourhood Forum as a neighbourhood forum within the meaning of the Town and Country Planning Act 1990 subject to the Head of Planning & Public Protection*:

a) being satisfied that the neighbourhood forum meets the statutory criteria set out in paragraph 3.5 hereof; and

b) seeking agreement as to how the Hove Station Neighbourhood Forum will engage with people, groups and forums in adjacent areas and take their views into account in the drafting of any neighbourhood development plan.

            (3) That the committee refuse the application from Hove Park Neighbourhood Forum for the Neighbourhood Area set out in Appendix 2 for the reasons set out in this report and précised in the draft decision notice set out in Appendix 14 and approve the designation of the Hove Park Neighbourhood Area as a neighbourhood area within the meaning of the Town and Country Planning Act 1990 the extent of which Area is delineated on the map forming appendix 12 to this report.

(4) That the committee authorises the Head of Planning & Public Protection* to designate the Hove Park Neighbourhood Forum as a neighbourhood forum within the meaning of the Town and Country Planning Act 1990 subject to the Head of Planning & Public Protection*:

a)    being satisfied that the neighbourhood forum meets the statutory criteria set out in paragraph 3.5 hereof; and

b)    seeking agreement as to how the Hove Park Neighbourhood Forum will engage with people, groups and forums in adjacent areas and take their views into account in the drafting of any neighbourhood development plan.

            Note 1: When voting on the proposed Conservative Group Amendment Councillors Morgan and Robins abstained. Therefore On a vote of 4 to 4 with 2 abstentions the amendment was lost on the Chair’s casting vote.

            Note 2: When voting on the recommendations contained in the circulated report Councillors K Norman, Smith, C Theobald and Wealls abstained. Therefore the recommendations set out in the report were approved on a vote 6 for with 4 abstentions.