Annex C

 

City of York Council

Equalities Impact Assessment

 

 

 

Who is submitting the proposal?

 

Directorate:

 

Economy and Place

Service Area:

 

Strategic Planning Policy

Name of the proposal :

 

Strensall with Towthorpe Neighbourhood Plan – Referendum

Lead officer:

 

John Roberts, Strategic Planning Policy Officer

Date assessment completed:

 

9/5/23

Names of those who contributed to the assessment:

Name                                         

  Job title

Organisation

Area of expertise

Sandra Branigan

Senior Solicitor

City of York Council

Legal

 

 

 

 

 

Step 1 – Aims and intended outcomes 

 

1.1

What is the purpose of the proposal?

Please explain your proposal in Plain English avoiding acronyms and jargon.

 

The proposal is brought forward by the Strategic Planning Policy team on behalf of Strensall with Towthorpe Parish Council  in conformity with Neighbourhood Planning (2012) Regulation 18, wherein designated bodies (Parishes and Neighbourhood Forums) can develop a Plan for their local area containing policies applicable for new development. The Strensall with Towthorpe Neighbourhood Plan Area was designated (to include the whole Parish area) following consultation, in January 2016, but was extended in June 2018 to include the length of Towthorpe Moor Lane (outside the Parish area) to its junction with Malton Road. The neighbourhood plan area was designated to enable a Neighbourhood Plan to progress for the Strensall with Towthorpe Parish Area. The Neighbourhood Plan has been developed, consulted on and examined by an independent examiner and found to meet the legislation requirements. This proposal is for the ‘making’ of the Neighbourhood Plan, following the referendum on 4th May 2023. The question asked at the referendum was “Do you want City of York Council to use the Neighbourhood Plan for Strensall with Towthorpe to help it decide planning applications in the neighbourhood area?” The outcome of the referendum was 82.5% voting ‘Yes’ and 17.5% voting ‘No’ to the neighbourhood plan. The referendum determined that the Neighbourhood Plan should be made part of the City of York’s development plan. (Where more than 50% of those taking part in the referendum vote in favour of the plan, it will become part of the development plan). Those who were invited to take part in the referendum, live in the planning area.

 

1.2

Are there any external considerations? (Legislation/government directive/codes of practice etc.)

 

The council’s duties under the Equalities Act 2010 and the Human Rights Act 1998 are key considerations. The proposals also need to be prepared in accordance with the Neighbourhood Planning (General) Regulations (2012, as amended), Neighbourhood Planning (Referendum) Regulations (2012, as amended) and SEA Regulations and Conservation of Habitat Regulations (2012, as amended).

 

1.3

Who are the stakeholders and what are their interests?

 

Stakeholders include people who live, work or undertake business in the Strensall with Towthorpe Neighbourhood Planning area, alongside consultation bodies referred to in paragraph 1 of Schedule 1 of the Neighbourhood Planning Regulations (2012).   

1.4

What results/outcomes do we want to achieve and for whom?

 

 

 

 

This section should explain what outcomes you want to achieve for service users, staff and/or the wider community. Demonstrate how the proposal links to the Council Plan (2019- 2023) and other corporate strategies and plans.

 

The Strensall with Towthorpe Neighbourhood Plan has been produced to help provide a local level of guidance, within the context of the emerging Local Plan and national guidance and regulations. It provides for the local community to have more say in development and land use in their area.

 

The Neighbourhood Plan is required to be in conformity with the National Planning Policy Framework (NPPF) and the local Development Plan which comprises of the emerging Local Plan (Publication Draft Local Plan 2018). The proposals seek to support the Council Plan (2019-2023) with respect to:

·        Well-paid jobs and an inclusive economy

·        A greener and cleaner city

·        Getting around sustainably

·        Good health and wellbeing

·        Safe Communities and culture for all

With respect to the emerging Local Plan, the proposal seeks to support:

·        Policy DP2: Sustainable Development

·        Policy DP3: Sustainable Communities

·        Policy SS1: Delivering Sustainable Growth for York

·        H10: Affordable Housing

·        Policy HW2: New Community Facilities

·        Policy ED6: Preschool, Primary and Secondary Education

·        Policy D1: Placemaking Policy

·        D11: Extensions and Alterations to Existing Buildings

·        Policy D12: Shop fronts

·        Policy CC1: Renewable and Low Carbon Energy Generation and Storage

·        Policy CC2: Sustainable Design and Construction of New Development

·        Policy T1: Sustainable Access

·        Policy T5: Strategic Cycle and Pedestrian Network Links and Improvements

·        Policy T8: Demand Management

 

 

Step 2 – Gathering the information and feedback 

 

2.1

What sources of data, evidence and consultation feedback do we have to help us understand the impact of the proposal on equality rights and human rights? Please consider a range of sources, including: consultation exercises, surveys, feedback from staff, stakeholders, participants, research reports, the views of equality groups, as well your own experience of working in this area etc.

 Source of data/supporting evidence

Reason for using

Regulation 19 Local Plan and Local Plan Evidence Base

The Regulation 19 Local Plan was assessed under an Equalities Impact Assessment (EqIA) and the Neighbourhood Plan has been developed to comply with the Regulation 19 Local Plan.  

National Planning Policy Framework: Equality Impact Assessment, July 2018

The updated NPPF was assessed under an Equalities Impact Assessment (EqIA) and the Neighbourhood Plan has been developed to comply with the National Planning Policy Framework.  

Strensall with Towthorpe Neighbourhood Plan Consultation Statement

Details the extensive consultation undertaken with the community, including people who live, work, and visit within the Plan area, including comments and responses to all stages of consultation undertaken. The consultation has informed the development of the Neighbourhood Plan.

Strensall with Towthorpe Neighbourhood Plan Evidence Base

These documents have informed the consultation that has taken place with the community.

 

Step 3 – Gaps in data and knowledge

                                                        

 

3.1

What are the main gaps in information and understanding of the impact of your proposal?  Please indicate how any gaps will be dealt with.

Gaps in data or knowledge

Action to deal with this

n/a

 n/a

 

Step 4 – Analysing the impacts or effects.

 

4.1

Please consider what the evidence tells you about the likely impact (positive or negative) on people sharing a protected characteristic, i.e. how significant could the impacts be if we did not make any adjustments? Remember the duty is also positive – so please identify where the proposal offers opportunities to promote equality and/or foster good relations.

Equality Groups

and

Human Rights.

Key Findings/Impacts

Positive (+)

Negative (-)

Neutral (0) 

High (H) Medium (M) Low (L)

Age

No impacts identified

0

n/a

Disability

 

Policy DH1 ‘Promotion of Local Distinctiveness’ aims to promote accessibility and connectivity through public rights of way.

 

+

M

Gender

 

No impacts identified

0

n/a

Gender Reassignment

No impacts identified

0

n/a

Marriage and civil partnership

No impacts identified

0

n/a

Pregnancy

and maternity

No impacts identified

0

n/a

Race

No impacts identified

0

n/a

Religion

and belief

No impacts identified

0

n/a

Sexual

orientation

No impacts identified

0

n/a

Other Socio-economic groups including :

Could other socio-economic groups be affected e.g. carers, ex-offenders, low incomes?

 

Carer

No impacts identified

0

n/a

Low income

groups

No impacts identified

0

n/a

Veterans, Armed Forces Community

Whilst the neighbourhood plan recognises the potential for redevelopment of the MOD site at Strensall, following the Defence Infrastructure Review (2016), the closure of sites and any impact on the armed forces community is beyond the remit of the neighbourhood plan.

0

n/a

Other

 

n/a, no other groups identified

n/a

n/a

Impact on human rights:

 

 

List any human rights impacted.

The Convention rights applicable are:

· Article 8 - protects the right of the individual to respect for their private and family life, their home and their correspondence. The private life part of this right covers things like wellbeing, autonomy, forming relationships with others and taking part in our community.

· Article 14 - protects the right to be free from discrimination when enjoying other rights, such as Article 8.

 

The equalities impact assessment identifies some positive impacts as a result of the aspirations set out within the neighbourhood plan.  

 

 

 

 

Use the following guidance to inform your responses:

 

Indicate:

-         Where you think that the proposal could have a POSITIVE impact on any of the equality groups like promoting equality and equal opportunities or improving relations within equality groups

-         Where you think that the proposal could have a NEGATIVE impact on any of the equality groups, i.e. it could disadvantage them

-         Where you think that this proposal has a NEUTRAL effect on any of the equality groups listed below i.e. it has no effect currently on equality groups.

 

It is important to remember that a proposal may be highly relevant to one aspect of equality and not relevant to another.

 

 

High impact

(The proposal or process is very equality relevant)

There is significant potential for or evidence of adverse impact

The proposal is institution wide or public facing

The proposal has consequences for or affects significant numbers of people

The proposal has the potential to make a significant contribution to promoting equality and the exercise of human rights.

 

Medium impact

(The proposal or process is somewhat equality relevant)

There is some evidence to suggest potential for or evidence of adverse impact

The proposal is institution wide or across services, but mainly internal

The proposal has consequences for or affects some people

The proposal has the potential to make a contribution to promoting equality and the exercise of human rights

 

Low impact

(The proposal or process might be equality relevant)

There is little evidence to suggest that the proposal could result in adverse impact

The proposal operates in a limited way

The proposal has consequences for or affects few people

The proposal may have the potential to contribute to promoting equality and the exercise of human rights

 

 

 

 

 

Step 5 - Mitigating adverse impacts and maximising positive impacts

 

5.1

Based on your findings, explain ways you plan to mitigate any unlawful prohibited conduct or unwanted adverse impact. Where positive impacts have been identified, what is been done to optimise opportunities to advance equality or foster good relations?

The neighbourhood plan supports some positive impact measures contained with the Local Plan. These positive impacts will be optimised through the community actions identified in the neighbourhood plan alongside policies in the plan which stipulate further public consultation. The plan will also be subject to annual monitoring and periodic review.

  

                                                                       

 

 

 

 

 

 

Step 6 – Recommendations and conclusions of the assessment

 

 

6.1  

Having considered the potential or actual impacts you should be in a position to make an informed judgement on what should be done. In all cases, document your reasoning that justifies your decision. There are four main options you can take:

-    No major change to the proposal – the EIA demonstrates the proposal is robust.  There is no                     

   potential  for unlawful discrimination or adverse impact and you have taken all opportunities to

   advance equality and foster good relations, subject to continuing monitor and review.

-         Adjust the proposal – the EIA identifies potential problems or missed opportunities. This involves taking steps to remove any barriers, to better advance quality or to foster good relations.

 

-         Continue with the proposal (despite the potential for adverse impact) – you should clearly set out the justifications for doing this and how you believe the decision is compatible with our obligations under the duty

 

-         Stop and remove the proposal – if there are adverse effects that are not justified and cannot be mitigated, you should consider stopping the proposal altogether. If a proposal leads to unlawful discrimination it should be removed or changed.

 

Important: If there are any adverse impacts you cannot mitigate, please provide a compelling reason in the justification column.

Option selected

Conclusions/justification

No major change to the proposal

 

 

 

 

 

 

 

The EIA demonstrates the proposal is robust.  There is no potential for                     unlawful discrimination or adverse impacts. Opportunities to advance equality and foster good relations will be applied throughout the Strensall with Towthorpe Neighbourhood Plan.

 

 

 

 

Step 7 – Summary of agreed actions resulting from the assessment

 

 

7.1

What action, by whom, will be undertaken as a result of the impact assessment.

Impact/issue    

Action to be taken

Person responsible

Timescale

n/a

 

 

 

 

 

Step 8 - Monitor, review and improve

 

8. 1

How will the impact of your proposal be monitored and improved upon going forward?   Consider how will you identify the impact of activities on protected characteristics and other marginalised groups going forward? How will any learning and enhancements be capitalised on and embedded?

 

It is anticipated that Strensall with Towthorpe Parish Council will annually monitor the Neighbourhood Plan with periodic review.