Elmstead Market Neighbourhood Plan

Consultation on Elmstead Neighbourhood Plan and Neighbourhood Development Order (NDO) (Reg 16 and 23)  

What are Neighbourhood Plans and Neighbourhood Development Orders?

A Neighbourhood Plan is a way for communities, in this case Elmstead Parish Council, to take a proactive approach to deciding the future of the places where they live and work. Once ‘made’ (adopted) a Neighbourhood Plan has the same legal status as the district wide Local Plan and will be used alongside the Local Plan in deciding planning applications that fall within its area.

Neighbourhood Development Orders (NDOs) grant planning permission for specific development in a particular area. This could include things like specified changes of use, certain kinds of alteration or the reinstatement of historical features. An NDO could be used to grant outline planning permission for specified uses on allocated sites, such as housing, commercial uses or recreational uses.

Public Consultation

Elmstead Parish Council has submitted a Draft Neighbourhood Plan for the Parish (under Regulation 15) to Tendring District Council, along with a number of supporting documents. Tendring District Council is responsible for all the remaining stages of making the Neighbourhood Plan.

 The Parish Council have also prepared a Neighbourhood Development Order (NDO) under Regulation 21. This NDO is similar to a planning application but achieved through the Neighbourhood Planning regulations. The Parish Council are seeking outline planning consent for the erection of 9 apartments at the old village hall site in Elmstead.  

We are seeking your views on both the Neighbourhood Plan and NDO (under regulation 16 and 23) before it is considered by an Examiner and can proceed towards a referendum. Comments can be submitted to Tendring District Council between 9am on Monday 18th September and 5pm on Monday 30th October 2023.

 Where can I view and comment on the Neighbourhood Plan, NDO and supporting documents?

• To view and comment on the Neighbourhood Plan and supporting documents, visit the Planning Policy consultation Portal:


• To view and comment on the NDO and its supporting documents, visit Public Access and enter Application No: 23/00991/NDO


• The Council is hosting two in-person consultation events at Elmstead Village Community Centre (Station Road, CO7 7ET) on Tuesday 26th Sept (18:00 – 20:00) and Friday 29th Sept (11:00 – 14:00).

 The best way to comment on the Neighbourhood Plan and NDO is by following the above links, however you can also contact the planning policy department by email planning.policy@tendringdc.gov.uk or write to William Fuller at The Council Offices, Station Road, Clacton-on-Sea, Essex, CO15 1SE No later than 5pm on Monday  30th October 2023.

Designation of the neighbourhood area

Elmstead Market Parish Council submitted an area application to the District Council to begin their Neighbourhood Plan in late 2020. The Area application indicated that the Parish Council intended to designate the entire Parish as their Neighbourhood Plan Area.

The designation of Neighbourhood Plan Areas (the first stage in preparing a Neighbourhood Development Plan) was until quite recently a decision that only the Planning Policy and Local Plan Committee could make. However, at Cabinet meeting in July 2020 a report was agreed that allows the Corporate Director for Economy and Place, with the endorsement of the Leader of the Council, to make such decisions.

The regulations that relate to the making of a Neighbourhood Plan Area state:

An application must be made by a parish or town council, neighbourhood forum or a prospective neighbourhood forum (or a community organisation in the case of a Community Right to Build Order) to the local planning authority for a neighbourhood area to be designated (see regulation 5 of the Neighbourhood Planning (General) Regulations 2012 (as amended). This must include a statement explaining why the proposed neighbourhood area is an appropriate area.

A local planning authority must determine the application within certain timescales.

The 2012 Regulations state:

Application for designation of a neighbourhood area

5.—(1) Where a relevant body(1) submits an area application to the local planning authority it must include—

(a)a map which identifies the area to which the area application relates;

(b)a statement explaining why this area is considered appropriate to be designated as a neighbourhood area; and

(c)a statement that the organisation or body making the area application is a relevant body for the purposes of section 61G of the 1990 Act.

(2) A local planning authority may decline to consider an area application if the relevant body has already made an area application and a decision has not yet been made on that application.

The justification the Parish Council have submitted is copied below.

Elmstead Parish Council resolved at our last Parish Council Meeting on the 16th July 2020 to begin the process of developing a Neighbourhood Plan. Please treat this email as our application for the whole of the Elmstead Parish to be designated as a Neighbourhood Area.

Elmstead Parish Council is a relevant body to make this application for the purposes of the Town and Country Planning Act 1990 Section 61G.

We consider that it is appropriate for the whole of Elmstead Parish to be designated. We do not consider it is practical to incorporate any other areas which fall within other Parishes.

We look forward to your confirmation that the Parish of Elmstead has been designated as a Neighbourhood Area together with any additional guidance which you may wish to provide. We understand that you have a relevant map showing our boundaries which you kindly offered to email us in the near future.

The District Council have provided the Parish Council with a map showing the Parish boundary.

Officers considered that the submitted information was sufficient to satisfy the 2012 Regulations and be made as an application. The Plan Area was therefore agreed by the Corporate Director for Economy and Place with the input of the Chairman of the Council on the 17th November 2020.

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