Vigo Neighbourhood Plan Basic Conditions Statement

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1 Vigo Neighbourhood Plan Basic Conditions Statement Plan Period: 2016 to 2028 Status: Submission Version Qualifying Body: Vigo Parish Council

2 Glossary of Some Terms & Abbreviations Used in this Document AONB - Kent Downs Area of Outstanding Natural Beauty GBC - Gravesham Borough Council KCC - Kent County Council Neighbourhood Plan - refers to a Neighbourhood Development Plan as introduced by the Localism Act 2011 NPPF - National Planning Policy Framework Parish Council - refers to Vigo Parish Council unless otherwise stated Planning Aid - provides free and independent professional planning advice to communities. Planning Aid is part of the Royal Town Planning Institute. Rural Exception Sites - developments adjoining the settlement boundary of a village or within a village with no settlement boundaries where residential development is permitted as an exception to normal policy Vigo Neighbourhood Plan - Basic Conditions Statement Page 1

3 Contents Glossary of Some Terms & Abbreviations Used in this Document Introduction Legal Requirements The Vigo Context Basic Conditions National Policies and Contribution to the Achievement of Sustainable Development... 5 Building a strong, competitive economy & Ensuring the vitality of town centres... 6 Supporting a prosperous rural economy... 6 Promoting Sustainable Transport... 7 Delivering a wide choice of high quality homes... 8 Requiring good design... 8 Promoting healthy communities... 9 Protecting Green Belt land Conserving and enhancing the natural environment General Conformity with the Strategic Policies of the Local plan Core Strategy EU Obligations and Human Rights Requirements EU Obligations Human Rights Conclusion APPENDIX 1 - Designation of the Vigo Neighbourhood Area APPENDIX 2 - Determination of the Need for a Strategic Environmental Assessment & Habitats Regulation Assessment Vigo Neighbourhood Plan - Basic Conditions Statement Page 2

4 1. Introduction 1.1 This Basic Conditions Statement sets out how Vigo Parish Council has met the legal requirements and basic conditions in producing a Neighbourhood Plan for Vigo Parish. 2. Legal Requirements 2.1 The Neighbourhood Plan is being submitted by a qualifying body. The Parish of Vigo has been designated a qualifying area (see Appendix 1 for the Gravesham Borough Council designation letter) and the Parish Council is a qualifying body. 2.2 The proposed Neighbourhood Plan states the period for which it is to have effect. The plan period is stated as This period has been chosen to align the Neighbourhood Plan with the period of the Gravesham Borough Council Local Plan Core Strategy. 2.3 The policies do not relate to excluded development. The Neighbourhood Plan does not deal with county matters (mineral extraction and waste development), nationally significant infrastructure or any other matters set out in Section 61K of the Town and Country Planning Act The proposed Neighbourhood Plan does not relate to more than one neighbourhood area and there are no other Neighbourhood Development Plans in place within the neighbourhood area. The Neighbourhood Plan proposal relates to the designated neighbourhood area of Vigo Parish and to no other area (as shown in Map 1 below). There are no other Neighbourhood Plans relating to that neighbourhood area. The Neighbourhood Plan is informed by consultations with neighbouring Parish Councils. It is not considered that there is any benefit in extending the area for the referendum beyond the designated Neighbourhood Plan Area. There are no other prescribed matters. Vigo Neighbourhood Plan - Basic Conditions Statement Page 3

5 Map 1 - Vigo Neighbourhood Plan Area 3. The Vigo Context 3.1 The context of Vigo is a key factor to be considered in developing a Neighbourhood Plan for the Village and the assessment of potential development options for the future. Vigo is a relatively new Village, constructed in the 1960/70's on land originally occupied by an Army training camp. The Village comprises 801 dwellings with some 2,065 residents (2011 Census) and covers an area of some 70 hectares of which 35 are green space. Business and commercial activity is focussed in the Village Centre which also acts as a hub for social and leisure pursuits. 3.2 Vigo is in a rural area situated on top of the North Downs. It is within the Kent Downs Area of Outstanding Natural Beauty (AONB) and includes a substantial part of the Trosley Country Park, owned by Kent County Council (KCC). Vigo is some 10 miles from any major town and its only public transport link is limited to buses and commuter coaches. 3.3 The main uses of land in Vigo are shown in the figure below: Vigo Neighbourhood Plan - Basic Conditions Statement Page 4

6 The use of land together with legal, social and environmental constraints on its further development, and the size of land parcels are an essential context for the assessments made in the Neighbourhood Plan. 4. Basic Conditions 4.1 A Neighbourhood Development Plan meets 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 the making of the Neighbourhood Development Plan does not breach, and is otherwise compatible with, EU obligations, and prescribed conditions are met in relation to the Neighbourhood Development Plan and prescribed matters have been complied with 5. National Policies and Contribution to the Achievement of Sustainable Development 5.1 The National Planning Policy Framework (NPPF) provides a framework within which local people and their accountable councils can produce their own distinctive Neighbourhood Plans and must be taken into account in the preparation of Neighbourhood Plans. Local plans must also contribute to the achievement of sustainable development which has three dimensions: economic, social & environment. Vigo Neighbourhood Plan - Basic Conditions Statement Page 5

7 5.2 This section demonstrates that the Vigo Neighbourhood Plan has regard to the elements set out in the NPPF to deliver sustainable development and that are relevant to the Parish. These are: Building a strong, competitive economy & Ensuring the vitality of town centres Supporting a prosperous rural economy Promoting sustainable transport Delivering a wide choice of high quality homes Requiring good design Promoting healthy communities Protecting Green Belt land Conserving and enhancing the natural environment Building a strong, competitive economy & Ensuring the vitality of town centres 5.3 The economic focus of Vigo is centred in the Village Centre. Having reviewed land use and availability across the Village there are no areas that can be designated as having development potential for business use. The only site identified that could potentially be redeveloped for business purposes is the Water Tower. Protection and enhancement of the facilities and services offered in the Village Centre is therefore key to ensuring a strong local economy. 5.4 We will achieve this by our aim of "encouraging and supporting developments that protect and enhance the Village Centre and its vibrancy and vitality enhancing the range of shops and of facilities and services in the Village Centre for the benefit of the community" 5.5 Business activity within Vigo is concentrated in the Village Centre. The Neighbourhood Plan recognises the contribution businesses make to the community and the importance of protecting and enhancing the ability of business to thrive within the Village. It recognises the role of businesses within the Village Centre, at the heart of our community. This is underpinned through Policy CF1 which seeks to protect and enhance the facilities and services provided in the Village Centre and also supports changes of use to ensure a flexible approach, as required by the NPPF, "to accommodate needs not anticipated in the plan and to allow a rapid response to changes in economic circumstances". Supporting a prosperous rural economy 5.6 The focus for the rural economy in Vigo is the Village Centre, as described in the Plan. For the Village Centre to thrive, it needs to be able to offer services and facilities that are relevant and appealing to all elements of the community. It has been recognised that young people could be better served by the Village Centre and addressing this is key to supporting a proserous local economy. 5.7 We will achieve this by our aims of encouraging and supporting developments that protect and enhance the Village Centre and its vibrancy and vitality enhancing the range of shops and of facilities and services in the Village Centre for the benefit of the community, and, by facilitating developments which protect and enhance facilities and services for Young People. Vigo Neighbourhood Plan - Basic Conditions Statement Page 6

8 5.8 The NPPF requires Neighbourhood Plans to promote the retention and development of local services and community facilities (Para 28). The Vigo Neighbourhood Plan will achieve this by its focus on protecting and enhancing the Village Centre (Policy CF1) and also by protecting and enhancing facilities and services for Young People (Policy CF2). Vigo is a rural Village that relies heavily on the local services provided in the Village Centre. There are no shops or other services within easy walking distance of the Village. It is poorly served by public transport. It is vital therefore that the services provided by the Village Centre are protected and enhanced. A key element of this will be to seek to provide better facilities for the young people of the Village within the Village Centre to support and promote this and other aims of the Plan. One of the Projects to be instigated through the Plan will be to establish the feasibility of extending the Village Hall to provide for a Youth Centre. Promoting Sustainable Transport 5.9 Vigo is remote from major towns and their associated services, such as, medical facilities, access to work, large supermarkets, sports & leisure facilities etc. Within the Village a network of paths facilitate access to all areas on foot, bicycle, mobility scooter etc, however, public transport outside of Vigo is limited to an infrequent bus service. Car ownership in Vigo is significantly higher than the average for Gravesham and the South East and parking is a significant environmental and safety concern. Maintaining the character of the Village, with its network of paths providing easy access for pedestrians, cyclists and mobility scooter users and minimising on-street parking Issues are therefore key to maintaining sustainable transport To achieve these aims we have set out a Character Assessment founded on the original concept of Vigo as 'The Woodland Village' and updated with the expressed wishes of our community from recent surveys, incorporating woodland, open plan, green space, a footpath network providing easy access for pedestrians, cyclists and mobility scooter users, to be taken into account in any future developments or extensions requiring planning permission and, defined a policy to minimise additional parking problems caused by further developments. We have also proposed a project to make better use of the existing parking capacity The NPPF requires that Plans should protect and give priority to pedestrian and cycle movements, create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians and consider the needs of people with disabilities (Para 35). The Neighbourhood Plan recognises that the Village is well serviced with footways for pedestrians, cyclists, mobility scooters etc. These are maintained by Gravesham Borough Council and protected from being obstructed by covenants, signed up to by all householders. The Character Assessment which is linked into Policy H1, aims to ensure these features are incorporated into any future development However, one of the major issues residents have identified that causes problems in the Village is that of parking. The availability of public transport in the urban parts of Gravesend is significantly different to that in Vigo and, as evidenced in the research undertaken for the Neighbourhood Plan, so are car ownership levels. The Local Plan Core Strategy has commented that 'the limited scale of development in the rural area is unlikely to provide a catalyst for improved bus services serving this part of the Borough' (Para ). The research undertaken for the Neighbourhood Plan, which is set out in the Plan itself and referenced in Annex F of the Plan, has identified that vehicle ownership in the Village is Vigo Neighbourhood Plan - Basic Conditions Statement Page 7

9 significantly higher than surrounding areas, as measured in the 2011 Census. There is substantial evidence provided from multiple surveys and pictorially, that parking in Vigo is a critical issue that impedes access along paths, when cars are parked on & across these, affects sight lines for drivers and creates increased safety concerns, especially in residential areas where children frequently play in the street. This evidence is also set out in body of the Plan and its Annexes. This issue needs to be addressed by ensuring new development does not make the existing situation worse and by taking action to increase usable parking capacity. The NPPF requires local planning authorities, when setting local parking standards for residential and non-residential development, to take into account (among other factors), the availability of and opportunities for public transport and local car ownership levels. The Local Plan Core Strategy has adopted the Kent standards for parking, specifically, the Kent Vehicle Parking Standards - July These were refined in the Kent Design Guide for Residential Parking Standards - November 2008, which provided for minimum parking provision in respect of villages and rural areas.. For the above reasons, Policy T1 is considered necessary and appropriate to set local parking standards for Vigo that recognise local public transport and car ownership levels. Delivering a wide choice of high quality homes 5.13 The Plan has recognised the need for affordable housing and a growing need for housing for the elderly and has set out to plan positively to support local development in the context of the constraints inherent within the Village The Plan has sought to ensure that it balances the requirements of the NPPF in the following respects: to meet objectively assessed needs (Para 14) to plan positively to support local development, shaping and directing development that is outside the strategic elements of the Local Plan (Para 16) is responsive to local circumstances and plan housing for housing developments to reflect local needs including through rural exception sites where appropriate (Para 54) conserving landscape and natural beauty in Areas of Outstanding Natural Beauty (Para 115) 5.15 The Plan has objectively reviewed all land within Vigo and determined the potential for development in each area. This analysis is set out in the Plan itself. Although it has not been possible to identify any areas of land that can be designated as having development potential, there is the possibility of redevelopment of the Water Tower or of individuals or groups of householders bringing forward development proposals. The Plan establishes a permissive approach of allowing infill within the current built environment. It sets out a Policy that is open as to where future development could take place within the current built environment - Policy H1. It is also supportive of potential developments for the elderly nearby the Parish, should they be forthcoming in the future. Requiring good design 5.16 The Plan has set out a Character Assessment founded on the original concept of Vigo as 'The Woodland Village' and updated with the expressed wishes of our community from recent surveys, incorporating woodland, open plan, green space, a footpath network and Vigo Neighbourhood Plan - Basic Conditions Statement Page 8

10 easy access, to be taken into account in any future developments or extensions requiring planning permission 5.17 The Government attaches great importance to the design of the built environment. This is also an important element of the Neighbourhood Plan and was identified as a high or very high priority by over 2/3rds of respondees in a major consultation The NPPF requires Neighbourhood Plans to develop robust and comprehensive policies that set out the quality of development that will be expected for the area (Para 58). It further states that such policies should ensure that developments will function well and add to the overall quality of the area, will establish a strong sense of place, will optimise potential to accommodate development, will create safe and accessible environments and are visually attractive. The NPPF expects Plans to seek to secure high quality design and a good standard of amenity for all existing and future occupants and take account of the character of different areas (Para 17). It further emphasises that great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty (Para 115) The Parish Council has codified the distinctive character of Vigo in the form of a Character Assessment, which forms part of the Plan. Policy H1 of the Plan will require new developments and extensions to be in accordance with the character of the Village, as set out in the Character Assessment. Promoting healthy communities 5.20 The original design of Vigo incorporated most of the features identified as priorities in the NPPF (Para 69-70) that encourage Planning policies which will promote: opportunities for meetings between members of the community including strong neighbourhood centres safe and accessible environments where crime and disorder do not undermine the quality of community cohesion safe and accessible developments containing clear pedestrian routes and high quality public space facilitate the use of shared space and community facilities guard against the loss of valued facilities and services ensure that established shops, facilities and services are able to develop and modernise 5.21 The Neighbourhood Plan sets out a Character Assessment founded on the original concept of Vigo as 'The Woodland Village' and updated with the expressed wishes of our community from recent surveys, incorporating woodland, open plan, green space, a footpath network and easy access, to be taken into account in any future developments or extensions requiring Planning permission. It also sets out a Policy for future development of the Village Centre, encourages and supports developments that protect and enhance the Village Centre and its vibrancy and vitality enhancing the range of shops and of facilities and services in the Village Centre for the benefit of the community 5.22 The Neighbourhood Plan's Character Assessment, linked to Policy H1, will play a key part in safeguarding the character of the Village, protecting the ability of residents to access all parts of the Village on foot, bicycle, mobility scooter etc and, for example, by avoiding Vigo Neighbourhood Plan - Basic Conditions Statement Page 9

11 building of walls and fences to the edges of paths thereby creating 'tunnels' which discourage people using them. The Plan also aims to safeguard and enhance the Village Centre - Policy CF1. Protecting Green Belt land 5.23 The Plan aims to conserve and enhance the natural beauty and bio-diversity of Vigo by including policies to protect and projects to enhance our green spaces & woodlands and associated flora & fauna 5.24 The NPPF recognises the importance of Green Belts to keep land permanently open and assist in safeguarding the countryside from encroachment (Paras 79-80). It also emphasises that great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty (Para 115) A substantial proportion of land in Vigo is designated as Green Belt and the whole Village is situated within the Kent Downs Area of Outstanding Natural Beauty. The Plan makes no proposals for development on this land. It does however recognise the potential for some infill development within the developed area of the Village which would have no impact within the Green Belt - Policy H1. Conserving and enhancing the natural environment 5.26 The Plan aims to conserve and enhance the natural beauty and bio-diversity of Vigo by including policies to protect, and projects to enhance, our green spaces & woodlands and associated flora & fauna The Government is concerned to enhance the natural and local environment through the Planning system. It states that the planning system should minimise impacts on biodiversity and provide net gains in biodiversity where possible (NPPF Para 109). The NPPF further states that conservation of wildlife is important in Areas of Outstanding Natural Beauty (Para 115) The Plan will protect biodiversity by requiring that any new developments do not damage or result in the net loss of trees or reduce the biodiversity of the area - Policy NE1. 6. General Conformity with the Strategic Policies of the Local plan Core Strategy 6.1 The Vigo Neighbourhood Plan is required to be in general conformity with the strategic policies contained in the development plan for the area. Gravesham Borough Council have advised that all the policies contained in the Local Plan Core Strategy should be regarded as strategic. We have therefore reviewed the conformity of the Vigo Neighbourhood Plan against each of these policies, as follows: 6.2 Policy CS01: Sustainable Development - the Local Plan Core Strategy sets out how it will comply with the NPPF and achieve sustainable development for the Gravesham Borough Council area. In Section 4 above we have set out how the Vigo Neighbourhood Plan will comply with the NPPF and achieve sustainable development within Vigo Parish, and especially recognition of infill as a means of development within the current built Vigo Neighbourhood Plan - Basic Conditions Statement Page 10

12 environment - Policy H1. There is general conformance between all three levels of policy i.e. national, local & neighbourhood. 6.3 Policy CS02: Scale and Distribution of Development - the Local Plan Core Strategy has not identified any specific land for development within Vigo Parish. It has recognised a general opportunity for development within rural settlements inset from the Green Belt. The Vigo Neighbourhood Plan has investigated the potential for development at a more detailed level than the Local plan Core Strategy and has identified the opportunity for infill development within the current built environment - Policy H1. The Local Plan Core Strategy and Vigo Neighbourhood Plan are in general conformity. 6.4 Policy CS03: Northfleet Embankment and Swanscombe Peninsula East Opportunity Area - this policy is focussed on the North of Gravesham and has no direct relevance to Vigo. 6.5 Policy CS04: Gravesend Riverside East and North East Gravesend Opportunity Area - - this policy is focussed on the North of Gravesham and has no direct relevance to Vigo. 6.6 Policy CS05: Gravesend Town Centre Opportunity Area - this policy is focussed on the North of Gravesham and has no direct relevance to Vigo. 6.7 Policy CS06: Ebbsfleet (Gravesham) Opportunity Area - this policy is focussed on the North of Gravesham and has no direct relevance to Vigo. 6.8 Policy CS07: Economy, Employment and Skills - the Local Plan Core Strategy will support proposals that promote the appropriate expansion and diversification of the rural economy. The Vigo Neighbourhood Plan recognises the importance of local employment and the related contribution of services within the Village community. Policy CF1 focuses on the specific contribution of the Village Centre to Vigo and supports future developments that will enhance this role, including changes of use. The Local Plan Core Strategy and Vigo Neighbourhood Plan are in general conformity. 6.9 Policy CS08: Retail, Leisure and the Hierarchy of Centres - this policy is supportive of the protection of local centres and their enhancement as opportunities arise (Para 5.2.8). The Vigo Neighbourhood Plan defined the Village Centre more specifically than the Local Plan Core Strategy. It has defined the boundary and the facilities and services supported in the Village Centre and will specifically encourage development proposals that support the vibrancy and vitality of the Village Centre by diversifying and enhancing the range of local shops, facilities and services, including changes of use - Policy CF1. The Local Plan Core Strategy is silent on provision of leisure facilities within Vigo, however, the Neighbourhood Plan will encourage development to protect and enhance facilities and services for young people - Policy CF2. The Local Plan Core Strategy and Vigo Neighbourhood Plan are in general conformity Policy CS09: Culture and Tourism - this policy is primarily focussed on the Gravesend and Ebbsfleet areas. It does acknowledge the need to support sustainable rural tourism and leisure developments. The Vigo Neighbourhood Plan will encourage development to protect and enhance facilities and services for young people - Policy CF2. The Local Plan Core Strategy and Vigo Neighbourhood Plan are in general conformity. Vigo Neighbourhood Plan - Basic Conditions Statement Page 11

13 6.11 Policy CS10: Physical and Social Infrastructure - the Vigo Neighbourhood Plan seeks to maintain and enhance physical and social infrastructure, particularly through Policies CF1 & CF2, and is in general conformance with the Local Plan Core Strategy Policy CS11: Transport - The Vigo Neighbourhood Plan is in general conformance with CS11 which seeks to protect walking and cycling routes throughout the Borough (Para ), and in recognising that 'the limited scale of development in the rural area is unlikely to provide a catalyst for improved bus services serving this part of the Borough' (Para ). The Local Plan Core Strategy has adopted the Kent Vehicle Parking Standards. The 2008 document defines minimum standards for parking provision in rural areas and villages, in contrast to the 2006 Standard which defines maximum standards for towns. It therefore follows that increases in the standard of parking above the minimum in rural areas and villages can still be compliant with Kent Parking Standards. The Local Plan Core Strategy further states 'parking standards will reflect the availability of alternative means of transport and accessibility to services and facilities' (Para ). The Vigo Neighbourhood Plan has assessed travel options, accessibility to services and facilities and services, as recommended in the Local Plan Core Strategy. It has taken account of existing vehicle ownership levels and the substantial evidence provided from multiple surveys and pictorially, that parking in Vigo is a critical issue that impedes access along paths, when cars are parked on & across these, affects sight lines for drivers and creates increased safety concerns, especially in residential areas where children play frequently in the street. This evidence is set out in the body of the Plan itself and expanded upon in Annexes to the Plan. This issue needs to be addressed by ensuring new development does not make the existing situation worse and by taking action to increase usable parking capacity. It has been concluded that, based on all the evidence, including the strength of opinion within the community, that an enhancement to the minimum standard is justified and necessary in respect of Vigo. This is set out in Policy T The principles of approach used in the Vigo Neighbourhood Plan to determine parking standards are analogous to those set out in the Local Plan Core Strategy. In addition, the basis on which the standard is set i.e. according to the number of bedrooms, is the same as the Kent Standard. There is therefore general conformance with policy CS11 of the Local Plan Core Strategy Policy CS12: Green Infrastructure - the Local Plan Core Strategy states 'there will be no net loss of biodiversity in the Borough' (Para ) and seeks to conserve and enhance the landscape and natural beauty of the Kent Downs Area of Outstanding Natural Beauty. As these Policies relate to changes at a Borough level, it is possible for changes to be made in one part of the Borough which are mitigated in another part. Given the small area of Vigo, any changes made within the Village should be mitigated within the Village if its Character and the level of local green infrastructure and bio-diversity is to be protected and enhanced. The Vigo neighbourhood Plan sets out complementary policies to those in the Local Plan Core Strategy, relating specifically to Vigo. These are Policy NE1, relating to the protection of trees and biodiversity, and, Policy H1, relating to new development and protection of woodland and green spaces as a vital part of the character of the Village. The Local Plan Core Strategy and Vigo Neighbourhood Plan are in general conformity Policy CS13: Green Space, Sport and Recreation - the sentiment expressed in the Local Plan Core Strategy in support of this policy is complementary to that expressed Vigo Neighbourhood Plan - Basic Conditions Statement Page 12

14 throughout the Vigo Neighbourhood Plan and, especially in respect of protecting the character of the Village. Whilst there are no specific proposals which affect Vigo in either plan they are in general conformity Policy CS14: Housing Type and Size - the Vigo Neighbourhood Plan makes no proposals or policies which add to or amend policy CS Policy CS15: Housing Density - the Vigo Neighbourhood Plan makes no proposals or policies which add to or amend policy CS Policy CS16: Affordable Housing - Policy CS16 requires provision of affordable housing on new housing developments of 3 units or more or on sites of 0.1 hectares of more in the rural area. The Vigo Neighbourhood Plan provides for development within the current built environment - Policy H1 & H2. It makes no changes to the Local Pan Core Strategy Policy CS16. These policies are complementary and the Vigo Neighbourhood Plan is therefore in general conformity with policy CS16 of the Local Plan Core Strategy Policy CS17: Provision of Traveller Sites - the Vigo Neighbourhood Plan makes no proposals or policies which add to or amend policy CS Policy CS18: Climate Change - the Vigo Neighbourhood Plan makes no proposals or policies which add to or amend policy CS Policy CS19: Development and Design Principles - The Local Plan Core Strategy seeks to ensure new development will conserve and enhance the existing local character, be designed in a way to be accessible to all members of the community, include car parking that is well related to the development that it serves, will protect and, where possible enhance biodiversity and create a safe and secure environment. All these factors are complementary to key elements of the Vigo Neighbourhood Plan and, in particular, Policy NE1 - Natural Environment, Policy H1 - Housing & Character, T1 - Transport/Parking. The Vigo Neighbourhood Plan is therefore in general conformity with policy CS19 of the Local Plan Core Strategy Policy CS20: Heritage and the Historic Environment - the Vigo Neighbourhood Plan makes no proposals or policies which add to or amend policy CS Policy CS21 - Land at Coldharbour Road Key Site - this policy is focussed on the North of the Borough of Gravesham and has no direct relevance to Vigo, however, an indirect impact is likely to be increased traffic using the A227 which will make it even more difficult and hazardous for Vigo residents to walk or cycle and encourage an even greater level of car ownership. 7. EU Obligations and Human Rights Requirements EU Obligations 7.1 The Vigo Neighbourhood Plan must be compatible with and not breach EU obligations. 7.2 There are two mechanisms by which Neighbourhood Plans typically assess whether this condition is satisfied, namely a Strategic Environmental Assessment and/or a Habitats Vigo Neighbourhood Plan - Basic Conditions Statement Page 13

15 Regulations Assessment. With the assistance of Gravesham Borough Council, a Strategic Environmental Assessment/Habitats Regulations Assessment Screening Report (see Appendix 2) was undertaken and the following organisations were consulted (see Appendix 2) to seek a determination as to whether such assessments would be required in this instance: English Heritage Environment Agency Natural England 7.3 The outcome of the Strategic Environmental Assessment/Habitats Regulations Assessment Screening Report (see Appendix 2) and following the responses from English Heritage, the Environment Agency and Natural England (see Appendix 2), confirmed that no formal Strategic Environmental Assessment or Habitats Regulations Assessment will be required in regard to the Vigo Neighbourhood Plan. 7.4 The reasons as to why a formal Strategic Environmental Assessment or Habitats Regulations Assessment are not required for the Vigo Neighbourhood Plan are contained and justified within the Strategic Environmental Assessment/Habitats Regulations Assessment Screening Report (see Appendix 2) and also the consultation responses from English Heritage, the Environment Agency and Natural England (see Appendix 2). As such, Gravesham Borough Council issued two determination letters to Vigo Parish Council to confirm that the Vigo Neighbourhood Plan does not require either a formal Strategic Environmental Assessment or a Habitats Regulations Assessment (see Appendix 2). Human Rights 7.5 The Vigo Neighbourhood Plan must also satisfy the requirements of the Human Rights Act 1998 which incorporated into UK law the European Convention on Human Rights ( The Convention ). The Convention includes provision in the form of Articles, the aim of which is to protect the rights of the individual. 7.6 Section 6 of the Act prohibits public bodies from acting in a manner, which is incompatible with the Convention. Various rights outlined in the Convention and its First Protocol are to be considered in the process of making and considering planning decisions, namely: Article 1 of the First Protocol protects the right of everyone to the peaceful enjoyment of possessions. No one can be deprived of possessions except in the public interest and subject to the conditions provided by law and by the general principles of international law. The Vigo Neighbourhood Plan is fully compatible with the rights outlined in this Article. Although the Plan includes policies that would restrict development rights to some extent, this does not have a greater impact than the general restrictions on development rights provided for in national law, namely the Planning and Compulsory Purchase Act 2004 and the Localism Act The restriction of development rights inherent in the UK s statutory planning system is demonstrably in the public interest by ensuring that land is used in the most sustainable way, avoiding or mitigating adverse impacts on the environment, community and economy. Vigo Neighbourhood Plan - Basic Conditions Statement Page 14

16 Article 6 protects the right to a fair and public hearing before an independent tribunal in determination of an individual s rights and obligations. The process for Neighbourhood Plan production is fully compatible with this Article, allowing for extensive consultation on its proposals at various stages, and an independent examination process to consider representations received. Article 14 provides that The enjoyment of the rights and freedoms set forth in [the] European Convention on Human Rights shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. The Parish Council has developed the policies and proposals within the Plan in full consultation with the community and wider stakeholders to produce as inclusive a document as possible. The policies and proposals will not have a discriminatory impact on any particular group of individuals 8. Conclusion 8.1 Having examined the Vigo Neighbourhood Plan against EU Requirements, the National Planning Policy Framework and the Gravesham Local Plan Core Strategy we have concluded that it is compliant with and complementary to the requirements of all three tiers of Government. It therefore satisfies the Basic Conditions, set out in Section 3 above. Vigo Neighbourhood Plan - Basic Conditions Statement Page 15

17 APPENDIX 1 - Designation of the Vigo Neighbourhood Area Vigo Neighbourhood Plan - Basic Conditions Statement Page 16

18 APPENDIX 2 - Determination of the Need for a Strategic Environmental Assessment & Habitats Regulation Assessment Vigo Neighbourhood Plan - Basic Conditions Statement Page 17

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