“1.9 A separate Neighbourhood Plan for Uppingham is being prepared by Uppingham Town Council. This will cover Uppingham town and parts of the surrounding area and will be subject to separate consultation, examination and referendum under the Neighbourhood Planning process. 1.10 The Uppingham Neighbourhood Plan will consider proposals for residential, employment and other land use allocations in its area and allocate sites where appropriate. Consequently no sites are allocated for development in Uppingham in this Site Allocations and Policies DPD although all other policies of the plan will apply in this Area. 1.11 Sites for residential and employment development in Uppingham that were previously identified in the Preferred Options version of this Site Allocations and Policies DPD are not carried forward in this version of the plan but will be put forward to Uppingham Town Council together with the responses to consultation that have been received for consideration through the Uppingham Neighbourhood Plan.”
“5. Local development documents (1) For the purposes of section 17(7)(za) of the Act the documents which are to be prepared as local development documents are – (a) any document prepared by a local planning authority individually or in co-operation with one or more other local planning authorities, which contains statements regarding one or more of the following – (i) the development and use of land which the local planning authority wish to encourage during any specified period; (ii) the allocation of sites for a particular type of development or use; (iii) any environmental, social, design and economic objectives which are relevant to the attainment of the development and use of land mentioned in paragraph (i); and (iv) development management and site allocation policies, which are intended to guide the determination of applications for planning permissions. … (2) For the purposes of section 17(7)(za) of the Act the documents which, if prepared, are to be prepared as local development documents are – (a) any document which – (i) relates only to part of the area of the local planning authority; (ii) identifies that area as an area of significant change or special conservation; and (iii) contains the local planning authority’s policies in relation to the area; and (b) any other document which includes a site allocation policy.”
“21. In the light of all this material, I must now seek to construe s.17(7)(za) and regulation 5 of the 2012 Regulations. Both counsel submitted that s.17(7(za) dealt with documents which had to be prepared and those which could be prepared as local development documents. I can see no other sensible construction. Regulation 5(1) thus deals with documents which need to be prepared as local development documents. These include in 5(a)(ii) allocation of sites for a particular type of development or use. There is an obligation to deal with strategic considerations in LDDs [local development documents] and this as it seems to me is what 5(a)(ii) is concerned with. It does not mean that precise sites within the scope of the required policy approach need to be identified so that local communities have no say in that. The UNP is limited in this case to the sites being to the west or north west, to a provision of about 16 per annum to 2026 and to 25% being if possible on previously developed sites. 22. However, it is regulation 5(2)(b) which creates, it is submitted, the problem since it is not limited to documents prepared by a local planning authority. Section 17 is concerned with local development documents and what they must contain so that even without the specific reference in regulation 5(1) the regulation is aimed at documents which are to be or may be prepared by local planning authorities. However, there is in my view no reason to construe regulation 5(2)(b) in wider terms than 5(1)(a)(ii). The language is not the same, but a ‘site allocation policy’ is wider than an identification of a particular site within a policy. The regulation is badly drafted, but it would be surprising, indeed contrary to what a neighbourhood plan is supposed to achieve, if allocation of precise sites were not able to be dealt with in a neighbourhood plan. Accordingly, I have no doubt that Mr Banner’s submission on his first ground must be rejected.”
“29. It is, I think, not surprising that possible ‘significant’ negative effects should have been at the forefront of the author’s mind, particularly as he was aware of the previous reports and findings. As I have said, it is unfortunate that he has given the opportunity in the way he has expressed himself to the contention that he failed to consider whether there were any positive significant effects. But I am not persuaded that on an overall reading and knowledge of the author’s clear recognition of what the legislation required of him and his familiarity with the previous reports on the Core Strategy and the SAPDPD he did not, however badly he expressed himself, fail to consider positive when he concluded that there were no significant effects.”
“4.2 … The Core Strategy was subject to a full Sustainability Appraisal which included a SEA assessment. This ensured that there were no likely significant effects which would be produced from the implementation of the Core Strategy and if so ensured mitigation measures were in place. An assessment of the UNP policies and their conformity to the adopted Core Strategy has been undertaken and can be viewed in Appendix 1. This confirms that there is general conformity between the Core Strategy DPD and the UNP and there are no significant changes introduced by the UNP. It is therefore concluded that the implementation of the UNP would not result in any likely significant effects upon the environment. 4.3 … [The Site Allocations and Policies DPD] has been subject to a Sustainability Appraisal which included a SEA assessment. This ensured that there were no likely significant effects which would be produced from the implementation of the Site Allocations and Policies DPD and if so ensured mitigation measures were in place. An assessment of the UNP policies and their conformity to the emerging Site Allocations and Policies DPD (submission document) (April 2013) has been undertaken and can be viewed in Appendix 1. This confirms that there are no significant changes introduced by the UNP. Again, it is concluded that the implementation of the UNP would not result in any likely significant effects upon the environment.” (Emphasis in the original.)
“This policy is in conformity with local plan policies encouraging the improvement and retention of a valuable community facility – Tods Piece. The policy supports the development of additional facilities to support Tod’s Piece, however it is not identified that this will create a significant effects [sic].”
“Is it likely to have a significant effect on the environment? (Art 3.5)”, referring to the appropriate article of the SEA Directive. The answer given is: “No likely significant effects upon the environment have been identified”
“Screening Outcome 4.7 As a result of the assessment in Table 1, it is unlikely there will be any significant environmental effects arising from the UNP. The UNP is in conformity with the Core Strategy (2011) and the proposed Site Allocations and Policies DPD, which have both had a full Sustainability Appraisal, incorporating a SEA, finding no negative significant effects. The assessment of the UNP policies identifies no significant negative effects and as such, the UNP does not require a full SEA to be undertaken. … Conclusions and recommendations of the Screening Assessments SEA 6.1 A screening assessment to determine the need for a SEA in line with regulations and guidance was undertaken and can be found in chapter 4 of this report. The assessment finds no negative significant effects will occur as a result of the UNP. The assessment also finds many of the policies are in conformity with the local plan policies which have a full SA/SEA which identified no significant effects will occur as a result of the implementation of policies. 6.2 From the findings of the screening assessment it is recommended that a full SEA does not need to be undertaken for the UNP.”