SHENLEY NEIGHBOURHOOD PLAN

SHENLEY NEIGHBOURHOOD PLAN

Questions & Answers

Q1.  WHAT IS A NEIGHBOURHOOD PLAN?

Q2.  WHY SHOULD WE VOTE YES?

Q3.  WHAT DOES THE SHENLEY NEIGHBOURHOOD PLAN DO?

Q4.  WHAT DOES IT NOT DO?

Q5.  WHAT IS THE DIFFERENCE BETWEEN THE HERTSMERE LOCAL PLAN AND THE SHENLEY NEIGHBOURHOOD PLAN?

Q6.  HAS A NEIGHBOURHOOD PLAN HAD SUCCESS ELSEWHERE?

Q7.  HOW HAVE LOCAL PEOPLE BEEN INVOLVED IN CREATING THE SHENLEY NEIGHBOURHOOD PLAN?  

Q8.  THE NEIGHBOURHOOD PLAN MENTIONS “BUILDING WITHIN THE Green Belt”, DOES THIS MEAN THE SAME AS BUILDING ON OUR GREEN FIELDS?

Q9. POLICY SH1 SAYS “DEVELOPMENT WITHIN THE Green Belt OF THE NEIGHBOURHOOD PLAN WILL BE EXPECTED” – WHAT DOES THIS MEAN?

Q10.  IS THE SPINNEY PROTECTED OR NOT?  

Q11.  WHY IS IT SO IMPORTANT THAT THE SHENLEY NEIGHBOURHOOD PLAN IS APPROVED AT REFEREDUM ON 6th MAY?

Q12. WHAT HAPPENS WHEN A SHENLEY PARISH PLANNING APPLICATION IS SUBMITTED TO HERTSMERE BOROUGH COUNCIL?  

Q13. WHAT ABOUT MAJOR HOUSING DEVELOPMENTS IN SHENLEY PARISH?  

Q14.  WHAT HAPPENS IF ONE OF THE BIG SITES PUT FORWARD IS APPROVED BY THE PLANNING INSPECTORATE?

Q15.  THE GOVERNMENT CONTINUE TO SAY” BUILD ON BROWN FIELD SITES FIRST” BUT THEY ACCEPT SOME GREEN FIELD SITES WILL NEED TO GO?

Q16.  WHAT ABOUT THE COMER HOMES PLAN THAT APPEARED IN A RECENT FACEBOOK POST ON MY SHENLEY?  

Q17.  DIDN’T THE NEIGHBOURHOOD PLAN ONCE INCLUDE A POLICY TO DEVELOP LAND ON LONDON ROAD?  

Q18.  IS THERE A PAGE IN THE PLAN WITH EVERY POTENTIAL DEVELOPMENT SITE SHOWN?  

Q19.  WHAT TYPE OF DEVELOPMENT IS ALLOWED UNDER ‘VERY SPECIAL CIRCUMSTANCES?

Q20.  WHAT HAPPENS IF THE REFERENDUM DOESN’T PASS?

Q21. WILL SHENLEY NEIGHBOURHOOD PLAN MEAN THAT THE PARISH COUNCIL HAS TO APPROVE LANDSCAPING TO FRONT & REAR GARDENS (INCLUDING THE ERECTION OF A STANDARD GARDEN SHED)?

Q22. IF THE SHENLEY NEIGHBOURHOOD PLAN IS PASSED AT REFERENDUM, WOULD OBTAINING PLANNING PERMISSION FOR EXTENSIONS ETC BE MORE DIFFICULT TO OBTAIN OR TAKE LONGER TO APPROVE?

Q23. RE: RECENT REPORTS INDICATE THAT HOMES, A SCHOOL AND EMPLOYMENT SPACE COULD BE BUILT ON SHENLEY FIELDS

Q 24. HOW WILL DEVELOPMENT IN SHENLEY BE DECIDED?

Q25. WHAT IS A CONSERVATION AREA AND IS SHENLEY IN A CONSERVATION AREA?

Q1.  WHAT IS A NEIGHBOURHOOD PLAN?

In very simple terms a neighbourhood plan is a document that sets out planning policies for the neighbourhood area.  In our case the Shenley Plan covers the whole of Shenley Parish.  Planning policies are used to decide whether to approve planning applications.

Neighbourhood Plans are written by the local community, the people who know and love the area, rather than the local Planning Authority.

A Neighbourhood Plan is a powerful tool which helps the community gets the right types of development in the right place.

Local people can create a plan that allows them to develop planning policies that reflect the priorities of their area and have real legal weight.  The whole community then decides at a referendum vote whether the local authority should bring the plan into force.  

As the neighbourhood plan is an important document with real legal force, there are certain formal procedures that it must go through.  The Shenley Plan has gone through all the required processes and as well as having well developed planning polices it also has highly commended (by the Examiner) ‘Shenley Parish Design Principles & Codes’.

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Q 2.  WHY SHOULD WE VOTE YES?

     1.     If it is approved on 6th May it will have maximum legal weight and will help to protect Shenley Parish’s cherished Green belt and historic rural character.  

2.     Hertsmere Borough Councils Local Plan 2012  - 2027 is currently being reviewed with regard to central government request for increased housing numbers. If a developer feels that a council no longer has a 5-year land supply,  across the country we  have seen  this being given as a reason for development  on sites, they may not have been able to develop under normal circumstances.

If the neighbourhood plan is confirmed at referendum as it will form part of the Hertsmere statutory Development plan with the existing Local plan and should help to protect us from this type of development.

Shenley neighbourhood Plan policies and Design Principles and Codes will  decide the outcome of all Shenley Parish planning applications.  This will this help to protect Shenley Parishs Green Belt.  

If the Shenley Neighbourhood Plan referendum is successful and the Plan is voted in, then an up-to-date Neighbourhood Plan will take precedence over any conflicts in the local and neighbourhood plans as it will be the most up to date. It really is  important for the Shenley Neighbourhood Plan to have a successful referendum.  

3.     If successful at Referendum the Neighbourhood Plan will become part of the statutory development plan (the emerging / new Hertsmere Local Plan).  This statutory status gives Neighbourhood Plans far more weight than some other local documents such as Parish Plans, Community Plans and Village Design Statements.

In advance of the Referendum, Hertsmere are currently applying the Shenley Neighbourhood Plan policies (since Dec 2020).  These policies formed the basis of Shenley Parish Council’s objection to planning application  20/2141/FUL – development of brownfield and Green belt land at Cowley Hill Stables. (Cowley Hill stables are within Shenley Parish boundaries)  

If the Neighbourhood Plan does not get passed at Referendum, Hertsmere will stop applying its policies to planning applications for the Parish resulting in less protection for the Parish.    

If the Shenley Neighbourhood Plan referendum is successful and the plan is voted in, then the up to date neighbourhood plan will according to the National Planning Policy Framwork (NPPF) take precedence over the current out of date Local Plan and it will continue to protect our part of the greenbelt.

Neighbourhood Planning (Gov.uk)

How should planning applications be decided where there is a neighbourhood plan in force but the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites?

If the local planning authority cannot demonstrate a 5 year supply of deliverable housing sites, a neighbourhood plan may benefit from the protections set out in paragraph 14 of the National Planning Policy Framework. Paragraph 14 states that the adverse impact of allowing development that conflicts with the neighbourhood plan is likely to significantly and demonstrably outweigh the benefits provided the neighbourhood plan:

          became part of the development plan 2 years or less before the date on which the decision is made;

          contains policies and allocations to meet its identified housing requirement; and

          the local planning authority has at least a 3 year supply of deliverable housing sites and housing delivery was at least 45% of that required over the previous 3 years.

The NPPF also states that where a planning application conflicts with an up-to-date neighbourhood plan (as part of the development plan), permission should not usually be granted.

Paragraph: 083 Reference ID: 41-083-20190509  

Revision date: 09 05 2019 See previous version

4.     Voting for the Shenley Neighbourhood Plan is the only way for the community to have some control of the future.  The Examiner says in Point 49 of his report that “If the new local plan, once adopted, promotes changes to the Green belt as part of its strategic polices, but does not define the new boundaries, then it is possible for detailed amendments to be made through a neighbourhood plan”.    If we have the Shenley Neighbourhood Plan adopted we have more say in what happens in Shenley Parish. We had to take out the original Policy SH2 as the Examiner said it could encourage development in the Green belt   He said in Point 47  “I recognise that the NPPF states that a neighbourhood plan should not promote less development than set out in the strategic policies for the area but I would argue that policies to support development in the Green belt at this time would undermine the strategic policies at both national and local level”  - he is referring to Green belt policies.

To have a planning inspector put such a marker down is a big indicator of how the Planning Inspectorate will look at Hertsmere’s new Local Plan and its relationship with the Shenley Neighbourhood Plan.  

If the community vote against the Shenley Neighbourhood Plan, then all this protection will be lost and the Parish really will be at the mercy of developers.  

It really is that important for the Shenley Neighbourhood Plan to have a successful referendum.  The bigger the YES vote, the bigger the message it sends to Hertsmere that the community is serious about protecting Shenley Parish Green belt and green fields.

A vote to support the Shenley Neighbourhood Plan will help us to show the community feel strongly about the rural character of the village and our surrounding greenfield sites.

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Q3.  WHAT DOES THE SHENLEY NEIGHBOURHOOD PLAN DO?     The Shenley Neighbourhood plan supports the strategic needs set out in the Local Plan.  The Shenley Neighbourhood plan has to be in conformity with the strategic needs set out in the Local Plan. The Shenley Plan Examination Report states - Point 38 “For the purposes of the basic conditions and this examination the requirement is that the Shenley Neighbourhood Plan should be in general conformity with the strategic policies in the adopted Hertsmere Local Plan.

Point 32:  “Shenley sits at the fourth and fifth levels of the borough’s settlement hierarchy. The Core Strategy recognises that Shenley has reached its natural limits within the Green belt and that further development will be restricted to small infill development opportunities as set out in Policy CS2.  The Key Diagram shows the part of the settlement area comprising the former Shenley Hospital surrounded by Green belt.  The relevant Green belt policy is Policy CS13”.

The current Hertsmere’s Local Plan recognises that Green belt cannot have new development as per the NPPF. However they are in the process of drafting a new Local Plan and it has been indicated that there may be Green belt release across the Borough.  Should that occur if the Shenley Neighbourhood Plan is in place after 6th May we have a strong case to argue as to where and any development goes.  The Neighbourhood Plan that covers areas not in the Green belt can allocate sites so, as and when we know what sites in the Parish are under threat, we can revise the plan accordingly.  Currently the Planning Inspectorate have been waiting to see what response communities with Neighbourhood Plans in place have before making decisions about whether to release any Green belt in the plan area which has been proposed by the Local Authority.   So just because Hertsmere say in the new Local Plan that they want to release certain sites across the Borough doesn’t mean that the Planning Inspectorate will agree as they will take our Shenley Neighbourhood Plan into account if it is adopted on 6th May.

As Hertsmere’s Local Plan is now out of date developers are starting to say they can build where they want to build because there is ‘no 5 year land supply’.  However if the Referendum ratifies the Shenley Neighbourhood Plan this cannot happen in Shenley Parish as an up to date Neighbourhood Plan takes precedence over an out of date local Plan so it is really important to support the Shenley Neighbourhood Plan now to give full protection to Shenley Parish in relation to all planning applications in the Parish.

So our case, Hertsmere Borough Council’s current Local Plan does not support any new development in the Green belt, and this is clearly supported in the Shenley Neighbourhood Plan.

NATIONAL POLICY PLANNING FRAMEWORK  (NPPF) – Government Green belt policy is:

          To check the unrestricted sprawl of large built up areas

          To prevent neighbouring towns merging into one another

          To assist in safeguarding the countryside from encroachment;

          To preserve the setting and special character of historic towns;

          To assist in urban regeneration, by encouraging the recycling of derilect and other urban land.

Sprawl:  “to cover a large area of land with buildings, especially gradually over a period of time

HERTSMERE PLANNING POLICY – Local Plan Core Strategy Objectives

          To protect the Green belt and its role in preventing urban sprawl and the coalescence of towns

          To raise the levels of access by seeking development in locations not dependent on access by car and by requiring the provision of physically accessible transport interchanges and other building.

THE SHENLEY NEIGHBOURHOOD PLAN says  (Plan page 27)

Our vision is that in 2036 Shenley will have maintained and improved its distinctive attractive character and heritage as a beautiful rural village.  A setting that has evolved over ten centuries, surrounded by highly valued open countryside most of which is actively farmed with an active and diverse community served well by its amenities and facilities including an improved walking, cycling and public transport provision.  This will be achieved by:

Shenley Plan Vision & Objectives

01. Retaining and enhancing the distinct rural character of the village and surrounding landscapes:  Its rural building types, heritage and spaces, openness and landscape setting

02. Protecting the Green belt including many hectares of arable farming land from inappropriate development and reversing the loss of biodiversity in our rural landscapes

03. Protecting, conserving and enhancing the network of rural landscape aspects such as green spaces, open spaces, hedges, trees and woodlands as well as water courses and other biodiverse habitats within and around the village and in the Parish’s historic environments.

07. Ensuring that housing development includes smaller and affordable properties for first time buyers and our ageing population thus helping to keep more young people and older people in the village.  Including supporting downsizing local households in releasing properties for growing families.

The Plan can identify areas for protection such as open spaces valued by the community and that is set out in National policy.  The Shenley plan has designated the Bridleway No.10 and Footpath No.10  “the spinney” as public green space, this is now in perpetuity and even in the future (expiry of the current plan,15 years,) this land can now never be developed.  (see below for more information about The Spinney)

As an example, say someone wants to redevelop existing buildings/houses (like the old Nursery near the White Horse on London Road was redeveloped).

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Q4.  WHAT DOES THE NEIGHBOURHOOD PLAN NOT DO?

It does not cover non-planning issues i.e., improving the local train or bus services as this is not in the remit of a Neighbourhood Plan.  

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Q5.  WHAT IS THE DIFFERENCE BETWEEN THE HERTSMERE LOCAL PLAN AND THE SHENLEY NEIGHBOURHOOD PLAN?

The Hertsmere Local Plan covers the whole borough (including Radlett, Borehamwood, Bushey, Potters Bar) whereas Shenley’s Neighbourhood Plan only covers Shenley Parish and affords us more specific protection based our local views and needs.  The Neighbourhood Plan is about guiding and shaping the future of Shenley Parish.  

What we say would not be suitable here in Shenley Parish, other areas without the protection of their own Neighbourhood Plan, would have to accept.

The Shenley Neighbourhood plan has to be in conformity with the strategic needs set out in Hertsmere Borough Council’s Local Plan.    

HBC’s current Local Plan does not support any new development in the Green Belt , and the Shenley Neighbourhood Plan does not support any new development in the Green Belt.  

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Q6.  HAS A NEIGHBOURHOOD PLAN HAD SUCCESS ELSEWHERE?

Yes. In other areas where a district/borough council’s Local Plan has sought to take land out of the , the Planning Inspectorate have waited to enable the Neighbourhood Plan to be updated with the local view about the piece of land in question.  Having seen the revised Neighbourhood Plan, the Inspectorate have then not allowed the area to be released from the Green Belt.    

This demonstrates that Neighbourhood Plans have real weight in continuing to help support and maintain the Green Belt.  

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Q7.  HOW HAVE LOCAL PEOPLE BEEN INVOLVED IN CREATING THE SHENLEY NEIGHBOURHOOD PLAN?  

The Shenley Neighbourhood Plan has been written over the last six years by Shenley Parish residents in full consultation with Shenley Parish residents.  

The early development of the plan used several working groups comprised of local residents, and all residents had the opportunity to participate.  

The consultation included several questionnaires sent to all homes in the Parish.  There have also been numerous public meetings and consultation events that were very well attended.  The feedback from the questionnaires and public meetings directly shaped and influenced The Neighbourhood Plan and its policies.

Earlier versions of the plan were made available for viewing at key places round the village like the Post Office, The Hub, The Orchard Tea Rooms, Dr’s surgery, short versions were prepared and all relevant information was shared on the website, and publicised - inviting feedback.

More information about consultation and involvement can be found on page 18 of The Neighbourhood Plan.

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Q8.  THE NEIGHBOURHOOD PLAN MENTIONS “BUILDING WITHIN THE GREEN BELT" - DOES THIS MEAN THE SAME AS BUILDING ON OUR GREEN FIELDS?

No.  Most of Shenley Parish including the village centre is “within the Green Belt”. The housing area of Porters Park is the only area that is not within the Green Belt.  

Where Policy SH1 states “Development within the Green Belt of the Neighbourhood Plan will be expected” – what it means in “layperson’s terms” is that an area will change over time. Houses change hands-- one larger one may become two smaller ones.  

The Neighbourhood Plan policies will ensure that if this occurs, any new development is in keeping with the area and provides for the needs of the community.  

The Shenley Neighbourhood Plan will help ensure that no Green Belt land that is currently green fields is given up to redevelopment.    

Shenley Plan policy SH1 does not support building on green field sites.  

The Shenley Neighbourhood Plan is seeking to protect our cherished green field sites

The Examiner for our Neighbourhood Plan in his examination report says:

Point 32:  “Shenley sits at the fourth and fifth levels of the borough’s settlement hierarchy. The Core Strategy recognises that Shenley has reached its natural limits within the Green belt and that further development will be restricted to small infill development opportunities as set out in Policy CS2.  The Key Diagram shows the part of the settlement area comprising the former Shenley Hospital surrounded by Green belt.  The relevant Green belt policy is Policy CS13”.

Point 36.  This emerging local plan is at a very early stage and notwithstanding the apparent emphasis placed on these early consultation exercises by the Steering Group in the neighbourhood plan, I only attach little weight to it as it is largely speculation as to possible green belt releases and large site allocations, at this stage as the local plan making process proceeds, which will be subject of further appraisals and public consultation and in time public examination.

Point 37.  In time, this will be the document where Hertsmere Borough Council makes the strategic decisions, in terms of the quantum and location of new development especially residential development.  It will be that document that is empowered under the terms of the Secretary of State advice, to make the decisions as to where changes are needed to be made to the Green belt boundaries.

Point 48   “It will be the new local plan that will identify whether land will need to be released from the Green Belt.  If it is concluded that releases are required, then it is the Local Plan that identify that location (s) and the quantum of housing that these sites will be expected to accommodate.  That process is a strategic planning responsibility and is not a matter for inclusion in within a neighbourhood plan……There could be a scenario, for example, whereby land in the parish is taken out of the Green Belt by the new Local Plan, in what could be argued, is in more sustainable locations, where it will be adjacent to one of the neighbouring urban areas”.

As you will see from the above extracts from the Examiner’s report the existing Local Plan says that there should be no new building in the Green belt on green field sites and voting yes to the referendum will help us fight any inappropriate development in our Green belt.

With an adopted Shenley Neighbourhood Plan in place we have a seat at the table when important decisions are being made about Shenley Parish’s future.  With no plan in place we will be largely ignored.

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Q9. THE NEIGHBOURHOOD PLAN POLICY SH1 SAYS “DEVELOPMENT WITHIN THE GREEN BELT"  WILL BE EXPECTED” – WHAT DOES THIS MEAN?

Because most homes in Shenley parish are within the Green Belt, we expect some changes over time as homes change hands, for example if a larger home becomes two smaller homes or if people add extensions to their homes.  This all counts as “development in the Green Belt”.  

The Neighbourhood Plan policies will ensure that if this occurs, any new development (even if it is one house) is in keeping with the area and provides for the needs of the community.  

The Shenley Neighbourhood Plan will help to ensure that no Green Belt land that is currently green fields is given up to redevelopment.    

Shenley Plan policy SH1 does not support building on green field sites.  

The Shenley Neighbourhood Plan is committed to protecting our cherished green field sites

The Examiner for our Neighbourhood Plan in his examination report pointed out (point 32, Page 8) “Shenley sits at the fourth and fifth levels of the borough’s settlement hierarchy. The Core Strategy (of the current Local Plan) recognises that Shenley has reached its natural limits within the Green Belt and that further development will be restricted to small infill development opportunities as set out in Policy CS2..…..the relevant Green Belt policy is Policy CS13”  

The Shenley Neighbourhood Plan Steering Group agrees.

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Q10.  IS THE SPINNEY PROTECTED OR NOT?  

Policy SH2 - The Spinney Woodland and connected hedge system as marked up in Policy Map SH2 is designated as Local Green Space where inappropriate development will not be approved except in very special circumstances.

If the Neighbourhood Plan passes the referendum, protection of the Spinney is enhanced as the examiner has awarded it ‘Local Green Space’ protection (maximum protection possible) which is the best way of making sure it is not ever developed.

The wording of the Policy SH2 was the wording we had to use.  There is an extremely high bar relating to ‘will not be approved except in very special circumstances’.  We cannot think of circumstances which would allow the Spinney to be developed.  It is the maximum protection it can be given.  If the plan is not adopted on 6th May then it will not have the extra protection.  

As you will see through Hertsmere’s Call for Sites Taylor Wimpey are trying to deregister “The Woodcock Hill village Green” a large amount of Green Space in Borehamwood to build on, however Hertsmere’s head of planning has already written to the planning inspectorate to object to the loss of this open green space..  So, you can see that this indicates  Hertsmere, while looking for more development land, will fight against proposed building on any of the local designated Green Spaces that are well used by the community. This makes us feel confident that the Spinney will be safe. Having a Shenley Neighbourhood Plan in place we can put forward other popular Green spaces in the future. No Neighbourhood Plan and this cannot be done.

If the plan is not adopted on 6th May then it will not have the extra protection.  

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Q11.  WHY IS IT SO IMPORTANT THAT THE SHENLEY NEIGHBOURHOOD PLAN IS APPROVED AT REFEREDUM ON 6th MAY?

1.     If it is approved on 6th May it will have maximum legal weight and will help to protect Shenley Parish’s cherished green fields, countryside and historic rural character.

     2. The Shenley Neighbourhood Plan policies, design principles and codes will help to decide the outcome of all Shenley Parish planning applications if the Neighbourhood Plan is passed at referendum on 6th May.

     3.     Should Hertsmere seek permission from Central Government / The Planning Inspectorate to build in Shenley Parish, the Neighbourhood Plan can act as a deterrent by making the process more difficult.  They may look to other parts of the borough that do not have the restrictions of a Neighbourhood Plan.  

     4.     If successful at Referendum the Neighbourhood Plan will become part of the statutory development plan - The existing Local Plan.  The emerging / new Hertsmere Local Plan cannot come into force until it has passed examination.

In advance of the Referendum, Hertsmere are currently applying the Shenley Neighbourhood Plan policies (since Dec 2020).  These policies formed the basis of Shenley Parish Council’s objection to planning application  20/2141/FUL – development of brownfield and Green Belt land at Cowley Hill Stables. (Cowley Hill stables are within Shenley Parish boundaries)  

If the Neighbourhood Plan does not get passed at Referendum, Hertsmere will stop applying its policies to planning applications for the Parish resulting in less protection for the Green Belt.    

A vote to support the Shenley Neighbourhood Plan will help protect the Green Belt and our green field sites.

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Q12. WHAT HAPPENS WHEN A SHENLEY PARISH PLANNING APPLICATION IS SUBMITTED TO HERTSMERE BOROUGH COUNCIL?  

An application will come onto a Local Authority Planning Officer’s and they will apply the following:

          The National Planning Policy Framework

          Hertsmere’s own Planning Policy Framework - which currently does not allow new development in the Green Belt.  Then they normally make a decision BUT…

Since 14 October 2020. when Hertsmere approved the Shenley Neighbourhood Plan to go forward to Referendum, there is now an extra step in the process which requires that all applications in Shenley Parish conform with the Neighbourhood Plan.  This will only continue if the Shenley Neighbourhood Plan passes Referendum.

Having a Neighbourhood Plan in place adds an extra level of Shenley Parish specific criteria that the application must meet.  If it meets the first two but not Shenley Plan policies, then it fails.

“The policies of a neighbourhood plan and the local plan together form the statutory development plan for the area and will be used as a basis for making decisions on planning applications. The National Planning Policy Framework (often referred to as the NPPF) is also an important material consideration.

Hertsmere’s new local plan will set overall growth allocations for different parts of the Borough. There may also be strategic site allocations made as part of the local plan or emerging local plan. As site allocations can be made in both local plans and neighbourhood plans, close liaison will be necessary to ensure that the allocations made by the different plans are complementary and distinctive”.

From Locality's Road Map how to create a Neigbourhood Plan

This means that if the Neighbourhood Plan is in place after 6 May 2021, which is before Hertsmere start to consult on the next stage of the new Local Plan, we are in a stronger position to have a real say about any future development in the Parish that may be included in the draft Local Plan.

“Collectively, the policies (neighbourhood plan and new local plan) must help to achieve sustainable development. That means they must enable and allow growth, but also take into account the interests of future generations”.  

From Locality's Road Map how to create a Neigbourhood Plan

The key word being that any development anywhere in the country has to be sustainable.  Central government does not look favourably on large developments on green field sites that have no existing and sustainable infrastructure. This is echoed in the current Local Plan.

If you vote YES, all Shenley Parish applications will continue to be decided in line with the Shenley Neighbourhood Plan.  

If you vote no, we will lose the extra protection we currently have.  We will then be at the mercy of developers and the out of date Local Plan.

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Q13. WHAT ABOUT MAJOR HOUSING DEVELOPMENTS IN SHENLEY PARISH?  

Hertsmere Borough Council is making its new Local Plan and is in the final stages of the process.  It has made extensive ‘Call for Sites’ requests, the most recent request being for a ‘Call for Employment Sites’.   Many sites across the Borough have been put forward. Detailed analysis has been carried out and later in the year, Hertsmere will publish their Draft Local Plan which will tell us which sites they wish to consider for development.  It is not automatic that these sites will be coming out of Green Belt.  

          Hertsmere must do their 6 week consultation during which all residents can make their views known.

          Hertsmere will have to consider the results of the consultation

          They will finalise the Draft Local Plan and then submit it for examination by the Planning Inspector who will decide whether to accept the plan based on several factors one of which will be ‘Should land be taken out of Green Belt’ .  

This time last year our neighbouring St Albans District Council had their Local Plan  recommended for non-adoption, one of the reasons being because it included inadequate justification for the release of Green Belt land. They have had to formally withdraw the plan and start again.  

So, you can see that the public response to consultation is extremely important.  There is a high bar to cross for taking land out of Green Belt for development --This is really pertinent to Shenley.

Of all the developers’ proposals that may be submitted to Hertsmere during the course of the new emerging Local Plan, none of them can go forward as actual planning applications until the new Local Plan has passed examination.

Land being put forward by developers does not mean that it will be chosen by Hertsmere and end up being released from the Green Belt.  

When the community know what sites Hertsmere favours, we can let them know what we think.  All residents can respond to the consultation.  

The Shenley Plan does not take land out of the Green Belt which is the only way large development on green fields can happen.

If Hertsmere Borough Council wishes to take land out of the Green Belt for future development, it must go through the rigorous process described above, and that decision will be taken via the Planning Inspectorate and the Secretary of State for the Environment.

If the Neighbourhood Plan is in place after the 6th May referendum, it is much harder for Hertsmere to release Shenley Parish Green Belt (and green fields).  The protection afforded by a Neighbourhood Plan should not be underestimated because of the statutory status of a Neighbourhood Plan.

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Q14.  WHAT HAPPENS IF ONE OF THE BIG SITES PUT FORWARD IS APPROVED BY THE PLANNING INSPECTORATE?

If a big site is approved in the future (bearing in mind, as we have said above, nothing can be approved until the new Local Plan is formally approved by the Planning Inspectorate and adopted), the design of the scheme would have to meet the design codes and other policies of the Shenley Neighbourhood Plan.

This means that the proposed developer plans pertaining to Shenley Parish submitted in the “Call for Sites” would have to be re-designed

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Q15.  THE GOVERNMENT CONTINUE TO SAY” BUILD ON BROWN FIELD SITES FIRST” BUT THEY ACCEPT SOME GREEN FIELD SITES WILL NEED TO GO?

The future of house building generally is changing because of Covid 19 so until the new goal postsare known there is uncertainty.  The pandemic has changed our lives & working patterns so much that there may be more brown field sites released as empty commercial buildings become available for conversion into housing.  This  would be encouraged as brown field sites are always meant to be developed first and also because replacing redundant building with housing keeps the other local businesses like cafes, restaurants and shops going.

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Q16.  WHAT ABOUT THE COMER HOMES PLAN THAT APPEARED IN A RECENT FACEBOOK POST ON MY SHENLEY?  

Prospective plans from developers are just that – prospective.  It does not mean they come to fruition - it cannot happen unless that land is released from the Green belt.  

These developer plans are responses to Hertsmere’s new Local Plan’s ‘Call for Sites’.   Until Hertsmere releases their proposed new Local Plan, no one knows what sites are really at risk.  Their new Local Plan will indicate what they propose to do but the final decision will be made by the Planning Inspectorate and if necessary, the Secretary of State for the Environment.  

The only way that any land (including green fields) in the Green belt can be put forward for redevelopment is via a local planning authority’s Local Plan and even then it has to go to the Planning Inspectorate.  The Planning Inspectorate would engage in local consultation – a lot of it.  Having a Neighbourhood Plan in place indicates to central Government that the neighbourhood are working together to plan their future.  

Green Belt release is not easy and in the past year, several Local Authorities in this area have had their Local Plans  recommended for non-adoption because they have not justified greenbelt release.

Because of the changes in working patterns caused by the pandemic, there are more commercial units becoming available for redevelopment into residential units.  This is encouraged -- as brown field sites are always meant to be developed first and also because replacing redundant building with housing keeps the other local businesses like cafes, restaurants and shops going.

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Q17.  DIDN’T THE NEIGHBOURHOOD PLAN ONCE INCLUDE A POLICY TO DEVELOP LAND ON LONDON ROAD?  

At one stage in the process, the Neighbourhood Plan did include a policy on a possible growth area; however, that policy was deleted by the examiner, as the parish is in the Green Belt and of course there can be no new development in the Green Belt and it is no longer in the Neighbourhood Plan.  

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Q18.  IS THERE A PAGE IN THE PLAN WITH EVERY POTENTIAL DEVELOPMENT SITE SHOWN?  

There is not a map in the Shenley Neighbourhood Plan showing every potential development site submitted to Hertsmere Borough Council.   You can see all the sites here

When Hertsmere did its Regulation 18 Consultation ‘Call for Sites’, The Neighbourhood Plan Steering Group had a report commissioned by AECOM  on the suitability of the sites put forward in Shenley Parish which were known about at that time (approx. 8 sites).  

The AECOM report concluded that most of the sites put forward at that time were unsuitable for further development.  View the full report

Since the AECOM report was submitted to the Shenley Neighbourhood Plan Steering Group in 2017, Hertsmere’s ‘Call for Sites’ requests have resulted in many more sites being put forward - far more than are needed!    At various Shenley Plan public meetings in the past, we produced a large map showing what Shenley Parish sites had been put forward to Hertsmere so that the community could be informed as to what sites were being considered by them.

When Hertsmere release the details of the Shenley Parish sites they have chosen to take out of the Green belt we will then be able to review the Shenley Neighbourhood Plan and after consultation with the community, indicate to Hertsmere what the community feel about the appropriateness or not of their draft Local Plan.  We will encourage everyone to give feedback during the six week consultation period.  

Please note, Hertsmere cannot proceed to grant any possible planning permission on the sites put forward until the new Local Plan has been through extensive consultation and rigorous examination by the Planning Inspectorate.  Just because a site is included in a draft Local Plan does not mean it will

The sites that are likely to be successful at examination will be sites that already have good infrastructure that can be extended.

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Q19.  WHAT TYPE OF DEVELOPMENT IS ALLOWED UNDER ‘VERY SPECIAL CIRCUMSTANCES?

There are two good local examples --The Cancer Research site in Ridge and The National Blood Products Laboratory in Elstree.  

Both those developments were allowed because they contribute to the national good.  They remain in the Green Belt and any extensions to them would be considered under Green Belt policy.

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Q20.  WHAT HAPPENS IF THE REFERENDUM DOESN’T PASS?

The Shenley neighbourhood policy and design codes will provide extra guidance for decision makers when looking at applications in the parish.

With A No vote we will not have this extra guidance and assistance and will be treated the same as any other part of the borough.

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Q21. WILL SHENLEY NEIGHBOURHOOD PLAN MEAN THAT THE PARISH COUNCIL HAS TO APPROVE LANDSCAPING TO FRONT & REAR GARDENS (INCLUDING THE ERRECTION OF A STANDARD GARDEN SHED)?

If the Shenley Neighbourhood Plan is confirmed at referendum, it will be used for all planning applications in Shenley Parish.

 

You do not need planning permission to do landscaping work on your own garden unless you wish to create a new access onto the highway, and then you do need to contact the planning department for a view from the highway authority, Herts County council as to whether that would be safe.  In most residential roads that is normally given.  A lot of the older properties in the parish were built before the use of the car was so widespread, and over the years, they have been allowed to turn parts of the front garden into garden and a driveway.

 

If you live in the part of the village that has permitted development rights, there is no need to get planning permission for a garden shed.  If you live in Porters Park the council removed permitted development rights when it was built, and you do  need to have permission for a shed, however the application has no charge and again it is normally given.

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Q22. IF THE SHENLEY NEIGHBOURHOOD PLAN IS PASSED AT REFERENDUM, WOULD OBTAINING PLANNING PERMISSION FOR EXTENSIONS ETC BE MORE DIFFICULT TO OBTAIN OR TAKE LONGER TO APPROVE?

Regarding extensions, if what you propose is within Permitted Development rights, and that is a calculation based on the original size of your property, you do not need permission, but as it’s a specific calculation that officers do, it is often easier to check with the planning department.  If what you propose is larger than the permitted development rights than planning permission is required.  The new design guide for Shenley Parish will not increase the time taken to approve, it simply adds extra criteria to make the extension more in keeping with the properties surrounding you.  It should therefore not impact on existing residents that simply want to extend their home. 

The importance of the plan, is that it sets standards the community have asked for, regarding overly large extensions or changes to a property or group of properties if some one wants to knock them down and redevelop the site.  That is the reference to “development in the Greenbelt” currently there is nothing to prevent a house being knocked down and replaced with a style that is more usually seen in an urban area or if a developer knocks down several houses what type of properties replace the existing properties. 

The design guide is to aid the parish in retaining its rural character and charm, and to ensure if replacement homes are built in place of older properties, they meet the need of the existing community, and fit into the rural style of the area.  In recent years there have been some replacement homes that do not have the character of those they are surrounded by, if the plan is passed at referendum, it will ensure any projects like this deliver what the community want.

So for an individual application it should not affect you.  The importance of the plan is that it echoes the ethos of Hertsmere’s existing local plan, which as per national guidelines say there should be no new development in the greenbelt (no development other that what is already there) so it protects the open Greenfields surrounding the village.  As you know Hertsmere are consulting on a new local plan and they have implied they will look to greenbelt release, to meet the required number of new homes.  In this transition phase, unless an area has an upto date neighbourhood plan, developers are able to gain permissions they would not normally be able to gain in the wider greenbelt.   However if there is an upto date neighbourhood plan in place, it will take precedence over an out of date local plan and will be able to keep that type of development at bay.

Central government and the planning inspectorate also take great weight in determining new local plans, if an area in the wider borough area has a neighbourhood plan already in place, which we will have, if it is confirmed at the referendum, the planning inspectorate,  have been known to defer the decision, on questions regarding the release of areas of the greenbelt  via a new local plan until after an updated neighbourhood plan  has been able to comment on the proposal. This will put us in a much stronger position when we find out how Hertsmere’s new local plan will affect the parish.

So to summerise, the neighbourhood plan will not materially affect existing residents, regarding the normal type of works you may want to do to your own home, and certainly would not add to the time any planning application takes.  A local planning authority has a duty to determine an application within 8 weeks and Hertsmere do normally do this unless it is a complicated application.

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Q23. RE: RECENT REPORTS INDICATE THAT HOMES, A SCHOOL AND EMPLOYMENT SPACE COULD BE BUILT ON SHENLEY FIELDS

We would like to point out that there are various articles appearing in the press and other social media regarding the above topic.  The Shenley Neighbourhood Plan has been completed and passed examination and is going to referendum for you to all decide our future on 6ht May, at which time it will become the statutory document for help in deciding all applications in the parish.

Developers across the whole borough are putting forward sites to Hertsmere, in answer to the request for development sites for housing and employment. The information you are seeing is a proposal of what landowners think their land could be used for.  It is exactly that a proposal. For anyone to get planning for any of the sites that have been put forward across the borough. Hertsmere have to identify the areas, that they feel proposed housing and employment should go,  draft a Local Plan consultation document, and consult the public (all of us).  Any sites chosen for growth have to be “sustainable” – good existing infrastructure, health care, public transport etc. all of which can easily be extended. They then have to go through all the statutory steps to get a new Local Plan approved.

There have been so many Green Belt sites, put forward in the course of the new Local Plan, many of which will not meet this criteria, and also they have had so many sites put forward across the borough, that they cannot look to release the amount of Green Belt that has been put forward, so we do need to see what sites are really going to be considered.

The Shenley Neighbourhood Plan makes it very clear that most of parish is in the Green Belt where the default position is “NO, new development”  At the moment it is being applied by Hertsmere and if it is passed at referendum on the 6th of May, it will continue to be applied.  When a Borough/District cannot show a 5 year land supply, that is the point in time when Green Belt sites are at most risk.  A developer can say, there is nowhere to build, so I can build here.  Developers are already using that as a reason to justify new development. However, as the Shenley Neighbourhood Plan and the Hertsmere existing Local Plan, sit side by side creating the statutory development plan for Hertsmere, an up to date Neighbourhood Plan that demonstrates reasons why land supply is constrained  (e.g., greenbelt) and should help protect sites in the area it covers. 

We had attempted to indicate a least worst position relating to some possible sites we knew about at the time of writing the plan, as a policy in the Neighbourhood Plan, as we knew the new Local Plan was being worked on, however the examiner withdrew that section, because the parish is so clearly in the gGreen Belt, it maintains that level of protection. the existing Hertsmere Local Plan and the Shenley Neighbourhood Plan if passed at referendum will form the basis for all planning applications in Shenley for quite a while to come, while the new Local Plan has to go through all its statutory stages. 

Until a new Local Plan is passed, as fit for purpose and whatever areas Hertsmere choose to take out of the Green Belt, have been taken out of the Green Belt, then none of the potential plans you may have seen can go ahead.  As not all Local Plans especially those regarding Green Belt release are passed by the planning inspectorate.  Our neighbours in St Albans District Council had theirs recommended for non-adoption, this time last year on many reasons, including inadequate justification for the release of Green Belt.  and they had to recently formally withdraw their plan and start again.

By voting to support the neighbourhood plan, you give the parish statutory protection it does not currently have. Central government and the planning inspectorate, place great weight on the views shown in a neighbourhood plan and have been known to delay the decision on Green Belt release for several years until an amended neighbourhood plan has been written and voted on, and then once the new neighbourhood plan is in place, make a decision to refuse Green Belt release in the plan area.

One of the reasons we where so keen  to create a neighbourhood plan, was because we had seen the amount of greenfield development some of the other villages in Hertfordshire had to take without the protection of a Neighbourhood Plan in place.

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Q 24. HOW WILL DEVELOPMENT IN SHENLEY BE DECIDED?

Since the end of 2020 full planning applications in Shenley Parish have been judged against the Shenley Neighbourhood Plan but because of Covid 19 it was impossible to have any local elections or referenda so special legislation was put in place to grant say all plans that were ready for referendum should be treated as made until an election could be arranged.  May the 6th is the first time elections can be held.  If you vote YES all Shenley Parish applications will continue to be decided in line with the Shenley Neighbourhood Plan.  If you vote no you will lose the extra protection we currently have.  We will then be at the mercy of developers and the out of date Local Plan.

Hertsmere Borough Council is making its new Local Plan and is in the final stages of the process.  It has made extensive ‘Call for Sites’ requests, the most recent request being for a ‘Call for Employment Sites’.   Many sites across the Borough have been put forward. Detailed analysis has been carried out and later in the year, Hertsmere will publish their Draft Local Plan which will tell us which sites they wish to consider for development.  It is not automatic that these sites will be coming out of Green Belt.  

          Hertsmere must do their 6 week consultation during which all residents can make their views known.

     Hertsmere will have to consider the results of the consultation

          They will finalise the Draft Local Plan and then submit it for examination by the Planning Inspector who will decide whether to accept the plan based on several factors one of which will be ‘Should land be taken out of Green belt’ .   This time last year our neighbouring council St Albans District Council had their Local Plan refused, one of the reasons being too much Green belt land was being proposed to be released. They have had now had to formally withdraw the plan and start again.  So, you can see that the public response to consultation is extremely important.  There is a high bar to cross for taking land out of Green belt for development.  This is really pertinent to Shenley. Of all the proposals that maybe thrown into Hertsmere during the course of the new emerging Local Plan none of them can go forward as actual planning applications until the new Local Plan has passed examination.

Land being put forward by developers does not mean that it will be chosen by Hertsmere and end up being released from the Green Belt.  

When the community know what sites Hertsmere favours, we can let them know what we think.  All residents can respond to the consultation and the Shenley Neighbourhood can be revised appropriately.

The Shenley Plan does not take land out of the Green Belt which is the only way large development on green fields can happen.

If Hertsmere Borough Council wishes to take land out of the Green Belt for future development, it must go through the rigorous process described earlier, and that decision will be taken via the Planning Inspectorate and the Secretary of State for the Environment.

If the Neighbourhood Plan is in place after the 6th May referendum, it is much harder for Hertsmere to release Shenley Parish Green Belt.  The protection afforded by a Neighbourhood Plan should not be underestimated because of the statutory status of a Neighbourhood Plan

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Q25. WHAT IS A CONSERVATION AREA AND IS SHENLEY IN A CONSERVATION AREA?

At present only a small part of the parish, the main body of the older part of Shenley village*, is designated a conservation area. A conservation area is an area of special architectural or historic interest preserving the special character of a particular area. Such designation gives control over the demolition of substantial buildings and provides the basis for policies designed to preserve or enhance all the aspects of character or appearance that define an area’s special interest.. If you vote yes in the Referendum you will extend the protection of Shenley's character as the Design Principles and Code Development proposals in the Neighbourhood Plan Area and located within the Green Belt will have regard to the Shenley Parish Design Principles and Code.

* https://www.hertsmere.gov.uk/Documents/09-Planning--Building-Control/Planning-Policy/Local-Plan/SADMS-SD01j-Policies-Map.pdf

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THANK YOU FOR TAKING THE TIME TO READ THROUGH THE QUESTIONS AND ANSWERS.  IF YOU HAVE A QUESTION WE HAVEN’T ANSWERED OR YOU WOULD LIKE A MORE DETAILED ANSWER TO A PARTICULAR QUESTION PLEASE GO TO OUR CONTACT PAGE


THE FULL VERSION OF THE NEIGHBOURHOOD PLAN & A SHORTER VERSION OF KEY POINTS CAN BE FOUND ON THE PLAN PAGE


As an introduction to Planning terminology:  Planning is a legal process and the Shenley Neighbourhood Plan will become a statutory document.  There are definitions that may seem strange and unusual.  For example ‘development in the Green belt’ this does not mean that someone is building a new housing estate as by default there can be no new development in the Green belt.  It refers to all planning applications in the Parish.  As most of the Parish is in the Green belt except for Porters Park it refers to individual home owners asking for extensions, new windows, porches to their own homes – this is development in the Green belt.

If you look at the Hertsmere Planning portal any planning applications in the Parish will have a tick in the box on the application form indicating that it is in the Green belt.