Agenda item

[Report of the Assistant Director for Planning. To be introduced by the Leader of the Council.]

This report seeks Cabinet's approval of officer recommendations on the decision to formally designate the proposed Finsbury Park and Stroud Green Neighbourhood Forum, for the purpose of preparing a neighbourhood development plan.

The Leader of the Council introduced the report, which considered the designation of a Finsbury Park and Stroud Green Neighbourhood Area and a Finsbury Park and Stroud Green Neighbourhood Forum.

The Leader expressed that the Council welcomed neighbourhood planning and local communities taking a leading role in shaping the future of their local area. The Finsbury Park and Stroud Green Neighbourhood Forum would be the third such forum designated in Haringey, following on from those for Highgate and Crouch End. Straddling the boundaries of three local authorities the Forum will have a key role in promoting cross borough working and addressing cross boundary issues. The Council was committed to working with the Forum and neighbouring Councils to facilitate the bringing forward of a neighbourhood plan and to ensure local people could achieve their ambitions for their neighbourhood.

The Leader recognised that the Finsbury Park Working Group was disappointed that the report was recommending adoption of a neighbourhood area, which excluded the area of the Park itself. The reasoning behind this was because the neighbourhood area proposed excluded neighbourhoods that adjoin some boundaries of the Park and it was the Council’s view that this would exclude some communities from making decisions about the Park.

The Leader further drew attention to paragraph 4.4 and 4.5, which set out the reasons for not including the Park in the neighbourhood area. This included the Park’s Regional Park significance and its future being considered important to many neighbourhoods within the three Boroughs and further afield. There was concern that other neighbourhoods within the vicinity of the Park would lose influence and sway over the future of the Park and not have the opportunity for consultation on issues that affect them. The Leader emphasised that Neighbourhood forums areas could not overlap. Potentially, if a similar forum was created in south Harringay, a decision to include the Park in this boundary, would exclude local residents from having any say on a local issue. The Leader further explained that it was for these governance reasons that the Council had the discretion to exclude the Park under the Localism Act 2011, within the guidance –section 61 {g} and section 61 {i}

The Leader drew attention to the recommendation on page 70 which referenced appendix 9, the proposed boundary. This was at page 235 of the pack and this had been incorrectly stamped as appendix 3.

There were questions put forward from Cllr Culverwell and Cllr Morris and the following information noted.

• It was true, that the surrounding Councils would not have made comments about the proposal to change the boundary in their Committee reports. However, the Council had a right, within the law, to make the change as the boundary line was in the borough so it was appropriate that this was only set out in the Haringey report.
• In response to the maintaining good working relationships with Hackney and Islington Councillors, there was a wider meeting about the Park events in the coming weeks. The designation of the neighbourhood area and forum was a separate planning issue. The Leader further reiterated that it was within the gift of each individual Council to determine the boundary of the neighbourhood area to provide the best possible governance for the area. The Council were proposing that the best way possible to maintain governance and local influence in the area was to take the Park out of the designation. The Leader further reminded the Councillor that if the Park were included in the designation this could potentially dis - clude a future South Harringay neighbourhood area forum in decision making about the Park.
• The decision to not include the Park in the designation was not based on the consultation responses but on a separate  governance duty to ensure that local influence is maintained in the Park
• CIL [Community Infrastructure Levy] money could still be requested to be used on projects in the Park. A decision to not include the Park in the neighbourhood area boundary would not affect this.

RESOLVED

1. To consider the summary of responses to the consultation on the applications for the Finsbury Park and Stroud Green Neighbourhood Area and Neighbourhood Forum (Appendix 8).

2. To refuse to designate the Finsbury Park and Stroud Green Neighbourhood Area, as identified in Appendix 1 and Appendix 7, pursuant to Section 61G and 61I of the Town and Country Planning Act 1990 (as amended) (“the Act”) in so far as that area is within the London Borough of Haringey

3. To designate the Finsbury Park and Stroud Green Neighbourhood Area as amended by Officers and identified in Appendix 9, pursuant to Section 61G and 61I of the Act in so far as that area is within the London Borough of Haringey

4. To agree to designate the Finsbury Park and Stroud Green Neighbourhood Forum, as set out in Appendix 1, pursuant to Section 61F of the Act

Reasons for Decision

An application for the designation of the Finsbury Park and Stroud Green Neighbourhood Area which falls within London Boroughs of Islington, Hackney and Haringey, as identified on the map submitted as part of the Neighbourhood Area application (at Appendix 7), has been made to the Council and the proposal has been subject to consultation. The application meets the relevant regulations.

Neighbourhood Area

In light of representations received Officers recommend that Cabinet designates the Area but with amendments to the proposed boundary within Haringey, namely to exclude the Finsbury Park itself.

The representations received highlight Finsbury Park is wholly within the Haringey administrative area, and thus there was significant concern that the proposed Forum would have undue influence over the future management and development within the park, for which the majority of membership is not within Haringey under whose administrative responsibility lies.

Additionally the Park is a Regional Park with more than local significance, and its future is considered important to many neighbourhoods within the three Boroughs and further afield.  There is therefore concern that other neighbourhoods within the vicinity of the park would lose influence and sway over the future of the park and that there will not be the opportunity for consultation on issues which may affect them.

Officers would therefore conclude that there are no existing administrative or physical boundaries which justify the attachment of any part of the park exclusively to the Stroud Green/Finsbury Park Forum Area, and the inclusion of it within the proposed Forum Area could be to the detriment of other neighbourhoods within the vicinity of the Park. It is noted that there are a number of existing mechanisms which afford protection to the interests of residents and park users. This includes an active Stakeholder Group which includes representation on behalf of local residents (in the form of local councillors, resident associations and the Friends of Finsbury Park).

If Cabinet are minded to refuse to designate the Neighbourhood Area boundary as proposed, the provisions of section 61G(5) of the Act would apply. This requires the Council to exercise its power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as Neighbourhood Areas. This means that a smaller Neighbourhood Area would need to be designated (removing any areas which instigated refusal). As the proposed Neighbourhood Area crosses a local authority boundary the powers of designation apply to each Local Planning Authority for their own area only. It is therefore recommended that Cabinet use the Council’s powers of Designation to designate a boundary for the Finsbury Park and Stroud Green Neighbourhood Area as amended by Officers and identified in Appendix 9

Neighbourhood Forum

An application for the designation of a Finsbury Park and Stroud Green Neighbourhood Forum (Appendix 1) has been made to the Council and the proposal has been subject to consultation which demonstrated no objections from stakeholders. The application meets the relevant regulations.

It is recommended that Cabinet designate the proposed Neighbourhood Forum.

Alternative options considered

The Council is required by Section 61G and 61I of the Act to determine an application to designate a neighbourhood area within 20 weeks of submission of the application. The only alternative options would be for the Council to:

·                designate the area as submitted without alterations

·                Refuse to designate the Forum.

For the reasons given above, the designation of the area as submitted is recommended to be modified. The section below outlines how the proposed Forum meets the requirements in regulations and there have been no objections recieved. Therefore it is not recommended to refuse the application to designate the Forum.