A Neighbourhood Development Plan (NDP) must meet each of the five basic conditions, as set out in the Town and Country Planning Act 1990 before it can proceed to a referendum.
The five basic conditions are:
- Must have regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the neighbourhood plan
- The ‘making’ of the neighbourhood plan contributes to the achievement of sustainable development
- The ‘making’ of the neighbourhood plan is in general conformity with the strategic policies contained in the Cornwall Local Plan Strategic Policies and its supporting documents
- The ‘making’ of the neighbourhood plan does not breach, and is otherwise compatible with EU obligations
- Prescribed conditions are met in relation to the neighbourhood plan and prescribed matters have been complied with in connection with the proposal for the neighbourhood plan.
This basic condition statement (available on the links below) demonstrates that the Portreath NDP meets the requirements of each legal test.
Portreath Basic Conditions Statement
Portreath Basic Conditions Statement - Appendix 1 - NDP Policies Conformity
Portreath Basic Conditions Statement - Appendix 2 - Designation Letter
Portreath Basic Conditions Statement - Appendix 3 - Designation Notice
Portreath Basic Conditions Statement - Appendix 4 - SEA HRA Screening Decision