EQAULITY IMPACT ASSESSMENTS REVISED ... · Web viewDespite the potential of an adverse risk/impact...

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Comprehensive Impact Assessment (CIA) Template Assessment being undertaken Lanner Neighbourhood Development Plan – Plan Proposal Decision – Proceed to Referendum Directorate: Economic Growth and Development Service: Planning and Sustainable Development Name of Officer/s completing assessment: Imogen Day Date of Assessment: 13.08.2018 1. Why are you doing this CIA? – A brief explanation of the reason. Is it for: new/change in policy, procedures, strategy, function, service. (Please refer to the guidance for the definitions) The Lanner Parish Neighbourhood Development Plan (NDP) is a planning policy document prepared by the community. The Parish Council is the qualifying body for the submission of a neighbourhood plan: the plan is prepared by the community and endorsed and submitted to Cornwall Council by the Parish Council, under the powers granted by the Localism Act 2011. If successful at Examination and Referendum, it will be ‘made’ by Cornwall Council and used in conjunction with the strategic policies of the Cornwall Local Plan as part of the policy framework for determining planning applications in the neighbourhood plan area, which is the Parish of Lanner. The Neighbourhood Planning (General) Regulations 2012 (as amended) require the Parish council as the qualifying body to submit a request to designate their Plan area (known as the Neighbourhood area) to Cornwall Council. The Lanner Parish boundary was designated as their Neighbourhood area. Lanner Parish Council is required to consult the Community throughout the development of the Plan and carry out a 6 week pre-submission consultation. The draft Plan is required to be screened 1

Transcript of EQAULITY IMPACT ASSESSMENTS REVISED ... · Web viewDespite the potential of an adverse risk/impact...

Comprehensive Impact Assessment (CIA) TemplateAssessment being undertaken

Lanner Neighbourhood Development Plan – Plan Proposal Decision – Proceed to Referendum

Directorate: Economic Growth and DevelopmentService: Planning and Sustainable DevelopmentName of Officer/s completing assessment:

Imogen Day

Date of Assessment: 13.08.20181. Why are you doing this

CIA? – A brief explanation of the reason. Is it for: new/change in policy, procedures, strategy, function, service. (Please refer to the guidance for the definitions)

The Lanner Parish Neighbourhood Development Plan (NDP) is a planning policy document prepared by the community. The Parish Council is the qualifying body for the submission of a neighbourhood plan: the plan is prepared by the community and endorsed and submitted to Cornwall Council by the Parish Council, under the powers granted by the Localism Act 2011. If successful at Examination and Referendum, it will be ‘made’ by Cornwall Council and used in conjunction with the strategic policies of the Cornwall Local Plan as part of the policy framework for determining planning applications in the neighbourhood plan area, which is the Parish of Lanner.

The Neighbourhood Planning (General) Regulations 2012 (as amended) require the Parish council as the qualifying body to submit a request to designate their Plan area (known as the Neighbourhood area) to Cornwall Council. The Lanner Parish boundary was designated as their Neighbourhood area. Lanner Parish Council is required to consult the Community throughout the development of the Plan and carry out a 6 week pre-submission consultation. The draft Plan is required to be screened for Strategic Environmental Assessment (SEA) and Habitat Regulations Assessment (HRA) under the European Directive. Once the NDP is submitted Cornwall Council carries out a legal compliance check (the current stage) and then publishes the plan for a statutory 6 week consultation period. The NDP is then subject to independent Examination by an approved Examiner, and a Referendum must be held within the neighbourhood plan area, before the NDP is made and the policies can come into force.

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2. What are the aims, objectives, outcomes, purpose of the policy, service change, function that you are assessing?

The plan contains policies for land use development within the neighbourhood development area, Lanner Parish. The Neighbourhood plan policy areas identified are sustainable development policies, an infill and rounding off policy for housing within the settlement boundary, affordable housing policies, a supported accommodation policy, a favoured sites policy, a general development criteria policy, a biodiversity policy, trees and landscaping policies, a Public Rights of Way (PRoW) policy, historic environment safeguarding policies, a fibre-optic connection policy, a home working and small scale business policy, an off-road parking policy, a traffic and speed management policy, a flood management policy, renewable energy policies, a health and recreation facilities policy and a local greenspaces policy as set out below:

Policy 1Development will be supported where it adds to the sustainability of the community within Lanner.

Policy 2Proposals for development of infill or rounding off housing within the settlement boundaries will be supported where the design respects the surroundings and development within gardens will not be supported.

Policy 3Rural exception sites are supported to a maximum of 10 dwellings, outside but close to the settlement boundaries.

Policy 4Proposals for one and two bedroom supported accommodation (including affordable) close to village facilities for the elderly and disabled will be supported

Policy 5Proposals are encouraged to include one or two person households.

Policy 6Favoured sites are identified (Land at Lannarth Farm, Land at Sunnyside, Pennance Road, with desirable development types and density.

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Policy 7General criteria for new development (not including extensions or modifications).

Policy 8Requirement for new development to conserve and enhance the natural environment, including landscaping and biodiversity.

Policy 9New residential development areas will be required to safeguard existing significant trees, as well as incorporating new landscaping schemes.

Policy 10Existing PRoW and public access will be protected and proposals that dissect PRoW will not be supported, unless it is retained or diverted without affecting residential amenity or safety.

Policy 11Proposals to plant trees and woodland will be supported where they reflect local species and views.

Policy 12Carn Marth Areas Of Great Landscape Value (AOGLV) is protected and development on its’ slopes will be resisted.

Policy 13The World Heritage Site (WHS) (slopes rising from Lanner Village to Tresavean) including its historic and landscape features will be protected and any development here will need to demonstrate the conservation of these assets.

Policy 14Designated Heritage Assets (identified in appendix 5 of plan) as well as formally Listed buildings and structures will be protected.

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Policy 15Residential, commercial and community properties should be served by superfast broadband, unless not practical (in this instance, appropriate ducting will need to be provided for future installation).

Policy 16Proposals that support working from home and small scale businesses will be supported as long as they don’t cause the loss of dwellings, character, residential amenity, road safety and natural environment.

Policy 17Off-road parking spaces will be encouraged (usually a minimum of 2 vehicles) for new development and proposals that could cause additional on street parking will not be supported.

Policy 18Actions to reduce the speed of vehicles to 40mph or lower will be supported, and development on the north side of the A393 will be avoided to minimise traffic on Pennance Road.

Policy 19All new development should seek a high sustainability standard through utilising natural resources, low and zero carbon energy technologies and Sustainable Urban Drainage Systems (SuDS).

Policy 20Flood risk will be reduced by new housing developments being required to submit a site specific flood risk assessment, showing the mitigation of additional flood risk as a result of the development, particularly with the use of SuDS.The policies are designed to add local detail to the strategic policies of the Cornwall local plan and will operate from 2016 – 2033.

The Lanner Neighbourhood Plan Steering Group developed the Plan on behalf of the Lanner Parish Council. During development of the Plan, the steering group undertook the following consultation to assist them in evidencing and developing the planning policies in the plan:

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Lanner Parish Council applied to designate the Parish of Lanner as a Neighbourhood Area on 18th August 2016.

A general notice of the plan drafting was published in the local newspaper (West Briton). A consultation event was held on 21st January 2017 to assess topics of concern and to inform

the initial questionnaire (ran for 3 weeks in May 2017). There was a response rate of 23%. A 10 week consultation took place and was publicised through drop in sessions, Facebook

promotion, posters and newsletters. 92 people attended the drop in event. Landowners who had come forward as a result of the consultation event were contacted and

discussions were held with them to clarify their intentions. A residents questionnaire, Housing Needs Survey, business questionnaire and young person’s

questionnaire were delivered to each household in May 2017. Each household (1259) was sent a Housing Needs Survey form as well as those with a

recorded local connection to the Parish. 56 written responses were received. These responses were sent to the Affordable Housing Team at Cornwall Council for comment.

Each commercial premises within Lanner received a business questionnaire. 29 responses were received.

The young person’s survey received 28 responses, with the average age being 13 years old. The Local Landscape Character Assessment (LLCA) was undertaken by members of the

community and volunteers, after receiving training from a Cornwall Council Landscape Architect. This assessment also included the Lanner primary school children.

The Regulation 14 consultation ran from 2nd March to 13th April 2018. It was published in the West Briton Newspaper, each household within the Parish was sent a newsletter highlighting the principles of the policies within the plan and the draft plan was available on the Parish website. Hard copies of the draft plan were available at the Parish Council office, Anglican Church, Methodist Church, doctor’s surgery, the Coppice Inn and Redruth Library.

A public Q&A meeting for the plan was held on 14th March 2018 with 50 attendees, and on 18th April 2018, another public meeting was held to discuss vehicle speed within Lanner. 70 residents attended this.

The Neighbourhood Plan is tested against what is known as the Basic Conditions which are set down in legislation (Neighbourhood Planning Regulations 2012 “as amended”). It is against the criteria that the examination must focus:

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Has had regard to the national policies and advice contained in the guidance issued by the Secretary of State?

Will contribute to the achievement of sustainable development? Will be in general conformity with the strategic policies set out in the Development Plan for

the area? Does not breach or is otherwise incompatible with EU obligations or human rights legislation? Whether prescribed conditions are met and prescribed matters have been complied with? Whether the making of the Plan will have a significant effect upon a European Sites or a

European offshore marine site, either alone or in combination with other plans and projects?

3. Who implements or delivers the above? State if this is undertaken by more than one team, service, and department including any external partners.

The Development Management Team will use the NDP policies, in combination with national and local strategic policies, in assessing and determining planning applications that are located within the plan area. Applicants, developers and agents will use the policies to guide them into making appropriate planning applications.

The actions and activities identified through community consultation will be taken forward by Lanner Parish Council working with organisations and institutions that have the mandate in the Lanner area.

4. Equality and Diversity - Who will be affected by this proposal? Is the proposal likely to result in positive or negative impacts/risks? If so what are they? What plans do you have in place, or are developing, that will mitigate the likely identified negative impacts/risks? This section should include

Who will be affected by this proposal? (Include consideration of the protected characteristics: age, disability, gender reassignment, marriage & civil partnership, pregnancy & maternity, race (incl. Cornish Minority), religion & belief, sex and sexual orientation; also different employee groups such as part-time, on-call or ‘hard to reach’ employees)Existing and prospective residents of Lanner will be affected by the policies as well as landowners, businesses and developers who have an interest in the area. The policies will apply equally to all those making a planning application and are applied in the public interest.

The plan aims to deliver sustainable development and to provide for the needs of the local community as a whole. The whole community is able to be involved in the preparation of the NDP and influence its vision and objectives. The Neighbourhood Planning Regulations 2012 (as amended) require the consultation of specific groups including statutory bodies, stakeholders and

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reference to the 9 protected characteristics as referenced in the Equality Act 2010.Consideration should also be given to the Cornish status different employee groups such as part-time, on-call or ‘hard to reach’ employees – see CIA guidance for further information.

community groups , some of whom represent the interests of people from the 9 protected characteristics, for example:

bodies which represent the interests of different racial, ethnic or national groups in the neighbourhood area;

bodies which represent the interests of different religious groups in the neighbourhood area; bodies which represent the interests of disabled persons in the neighbourhood area

The NDP group is required to consult widely and to demonstrate how they have involved different sectors of the community in plan preparation. The aim of this involvement is to ensure that people with different needs are able to express their views and have their issues considered.

Age:There is no evidence that the Neighbourhood Plan discriminates on the basis of age. Information available to the Council does not suggest that there will be a specific group in terms of age that would be disadvantaged. Questionnaires were sent to those between 5 and 18 years old, with 28 responses received, forming part of the consultation and plan drafting process. A household survey was also sent out to capture a wide range of age groups. This yielded 288 responses, a return rate of 22.9%. There is evidence through the consultation that the development of sheltered and assisted accommodation would be locally supported.

Disability:There is no evidence that the proposals and its Policies would discriminate on the basis of disability. There is a policy to encourage supported and sheltered accommodation for the elderly and disabled (Policy 4).

Gender reassignment:There is no evidence that the proposals and Policies of the Neighbourhood Plan would discriminate on the basis of gender.

Pregnancy and maternity:

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There is no evidence that the proposals and Policies of the Neighbourhood Plan would discriminate on the basis of Pregnancy and maternity.

Race:By promoting housing to meet local needs, the Neighbourhood Plan is seeking to ensure more housing occupied by local residents. In general local residents are seen as more likely to fall within the status of ‘Cornish’. The Cornish are protected as a national minority under the Council of Europe’s Framework Convention for the Protection of National Minorities which was ratified by the Government in 1998.

Religion or belief:There is no evidence that the proposals and Policies of the Neighbourhood Plan would discriminate on the basis of Religion or belief.

Sex:There is no evidence that the proposals and Policies of the Neighbourhood Plan discriminate on the basis of sex.Sexual orientation:There is no evidence that the proposals and Policies of the Neighbourhood Plan discriminate on the basis of sexual orientation.

Marriage and Civil Partnership:There is no evidence that the proposals and Policies of the Neighbourhood Plan discriminate on the basis of marital and civil partnership status.

What are the positive impacts/risks – if any?Extensive consultation with various members of the community can lead to identified community projects as an outcome of the NDP, which may not have been identified previously.

What are the negative impacts/risks – if any?Hard to reach or part time employees provide a consultation challenge. However the risk of

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exclusion of these groups has been mitigated through various consultation attempts, including surveys, public events and direct access to the Parish Council for comments to be received regarding the NDP.

RAG Score:4 Unlikely but minimal impact

5. Human Rights - Who will be affected by this proposal? Is the proposal likely to result in positive or negative impacts/risks? If so what are they? What plans do you have in place, or are developing, that will mitigate the likely identified negative impacts/ risks?

Who will be affected by this proposal?Existing and prospective residents of Lanner will be affected by the policies as well as businesses, landowners and developers who have an interest in the area.

The NDP is subject to independent Examination and the Examiner is required to assess whether the NDP meets basic conditions set out in the legislation, one of which is whether the NDP is compatible with European Union law and human rights obligations.What are the positive impacts/risks – if any?The Independent Examiner will ensure that the plan meets human rights obligations and will suggest any appropriate amendments.

What are the negative impacts/risks – if any?N/A

RAG Score:3 Limited impact with a remote likelihood

6. Rurality- Will this proposal have a positive or negative impact for those living in rural communities? If so what are they? What plans do

The Parish of Lanner is not a Designated Rural Area

What are the positive impacts – if any?Superfast broadband is encouraged through Policy 15 which supports fibre optic connections on all new residential, commercial and community properties.

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you have in place, or are developing, that will mitigate the likely identified negative impacts/risks?

Policy 20 requires housing developments to provide a flood management plan to reduce the flood risk.

AOGLVs are protected through Policy 12. Policy 9 protects significant trees and Policy 10 safeguards PrOW.

What are the negative impacts/risks – if any?N/A

What plans do you have in place, or are developing that will mitigate the likely identified impact/risk?N/A

RAG Score:2 Minimal impact with a remote likelihood

7. Safeguarding - Who will be affected by this proposal? Is the proposal likely to result in positive or negative impacts/risks? If so what are they? What plans do you have in place, or are developing, that will mitigate the likely identified negative impacts/risks?

Who will be affected by this proposal?Existing and prospective residents of Lanner will be affected by the policies as well as landowners, businesses and developers who have an interest in the area. The policies will apply equally to all those making a planning application and are applied in the public interest.

What are the positive impacts/risks – if any?Elderly members of the community have been considered throughout the public consultations and as a result, sheltered and assisted accommodation has been identified as a type of development that would be well received locally.

Policy 18 supports measures to reduce traffic speed within the Parish (particularly the A393), in order to safeguard members of the community. This policy has been evidenced well by RadarClass traffic surveys undertaken by Cornwall Council.

What are the negative impacts/risks – if any?N/A

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What plans do you have in place, or are developing that will mitigate the likely identified impact/risk?N/A

RAG Score:2 Minimal impact with a remote likelihood

8. Information Governance – What type of information will be required to deliver this proposal? Is the proposal likely to result in increased risks to the information? If so, what are they? What plans do you have in place, or are developing, that will mitigate the likely identified negative impacts/risks?

What type of information will be required to deliver this proposal?Planning applications will be made and dealt with in the usual way. Systems are already set up to make NDPs available to planning officers and the public during the statutory stages of the Neighbourhood Development Plan process as set out in the Neighbourhood Planning Regulations 2012 (as amended). Information is available on the Neighbourhood Planning Toolkit webpages on the Council’s website and on the Mapping system webpages.

Is the proposal likely to result in increased risks to the information, if so what are they?The GDPR regulations could have an effect on the personal information such as names which were submitted with consultation comments. However, the intention and use of the comments was well established and consultations were carried out prior to the GDPR Regulations coming in to effect. All contact details provided that were additional to the statutory consultees were available in the public domain.

What plans do you have in place, or are developing, that will mitigate the likely identified negative impacts/risks?We have a privacy notice on all consultation letters now which explains how the data provided will be processed. People have the option to opt in to receiving updates on the progress of specified Neighbourhood Plans.

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RAG Score:3 Limited impact in a remote likelihood

9. Community Safety/Crime and Disorder - Who will be affected by this proposal? Is the proposal likely to result in positive or negative impacts/risks? If so what are they? What plans do you have in place, or are developing, that will mitigate the likely identified negative impacts/risks?

Who will be affected by this proposal?Existing and prospective residents of the plan area.

What are the positive impacts/risks – if any?The Policy Crime and Safety officer is a statutory consultee for neighbourhood plans.

What are the negative impacts/risks – if any?N/A

What plans do you have in place, or are developing that will mitigate the likely identified impact/risk?N/A

RAG Score:2 Minimal impact with a remote likelihood

10. Environment - How will the environment be affected by this proposal. Is the proposal likely to result in positive or negative impacts? How will these impacts be maximised or minimised. Will this project deliver towards the Council’s ambition of environmental growth?

What are the positive impacts/risks – if any?AOGLVs are protected through Policy 12. Policy 9 protects significant trees and Policy 10 safeguards PrOW. Policy 13 protects the WHS from development which does not enhance the natural assets of the site. Policy 20 requires development to provide flood risk assessments with the planning application in order to mitigate the flood risk of new development.

What are the negative impacts/risks – if any?Development has a potential to have a negative impact on the Environment. Although, these impacts have been well documented and mitigated against within the NDP, through policies to protect the natural and historic environment.

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What plans do you have in place, or are developing that will mitigate the likely identified impact/risk?The NDP has been screened for Strategic Environmental Assessment (SEA) and Habitats Regulation Assessment (HRA). The consultation bodies, Natural England, Historic England and the Environment Agency were consulted and agreed with the conclusion that an SEA was not required.

RAG Score:2 Minimal impact with a remote likelihood

11. Health, Safety and Wellbeing - Who will be affected by this proposal? Is the proposal likely to result in positive or negative impacts/risks arising from: Individual lifestyles, social and community influences, living, working and economic conditions, access to or quality of services or any other direct or indirect effects on health, safety and well-being? If so what are they? What plans do you have in place, or are developing, that will mitigate the likely

Who will be affected by this proposal?Existing and prospective residents of the plan area.

What are the positive impacts/risks – if any?The NDP will act to ensure the most appropriate development is delivered within the Parish of Lanner. This includes place making through policies that promote sustainable development and deliver affordable housing, with an appropriate housing mix and sheltered accommodation. The natural and historic environment is addressed within the NDP policies, by safeguarding designations and requiring flood risks to be mitigated. Open spaces are protected from inappropriate development within the plan, unless they can enhance the environmental assets, which influences the well-being of the community through access to open space and nature. Services such as schools and health facilities are encouraged and to be retained through the NDP. Services may be lost in the instance that the existing service is no longer sustainable or viable, but also that adequate alternative facilities are available to the community, in order to mitigate against the risk of the loss of community facilities and the associated health and well-being risks of this loss.

What are the negative impacts/risks – if any?N/A

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identified negative impacts/risks?

What plans do you have in place, or are developing that will mitigate the likely identified impact/risk?N/A

RAG Score:3 Limited Impact with a remote likelihood

12. Business Continuity Planning - Is there a Business Continuity plan in place that will be affected by the proposed changes and, if not, has the area been assessed to identify priority processes or functions? Who will be affected by this proposal? Is the proposal likely to result in positive or negative impacts/risks arising? Are all interdependent service areas covered by the CIA and are there any single points of failure identified?

Who will be affected by this proposal?N/A

What are the positive impacts/risks – if any?N/A

What are the negative impacts/risks – if any?N/A

What plans do you have in place, or are developing that will mitigate the likely identified impact/risk?N/A

RAG Score:1 No impact with a remote likelihood

13. Have the impacts identified in Questions 4 to 12 been assessed using up to date and

During the NDP preparation the steering group have gathered up to date evidence to formulate their plan. They have been assisted by officers of Cornwall Council to access data. The evidence for their plan has been submitted and is set out in their consultation statement to support the Examination.

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reliable evidence and data? Please provide a link to the evidence/data or state what the evidence/data is. The data and research page on the intranet is a useful resource.

Do you need to engage or consult with any representative group/s?

Are our staff affected? Have the unions or staff forums been involved? If not do they need to be?

The Lanner Neighbourhood Development Plan documents can be accessed via the web link

Further evidence base information can be found on the Lanner Plan webpage

The Neighbourhood Planning (General) Regulations 2012 (as amended) set out the required consultation procedures and the consultation bodies. A consultation statement is submitted at Examination and assessed to ensure that the correct procedures have been carried out by the steering group prior to submission. Cornwall Council also has a duty to publicise the plan after submission (Regulation 16 publication) once the plan is found to be legally compliant.

There is no direct effect on staff; development management officers will use the neighbourhood plan policies, if it is made, to deal with planning applications in the area. They are consulted on the plan and notified if it is made.

14. Are there other implications not covered by this CIA that need to be considered?

Refer to the Committee Report Template Guidance page for further information.

These can include: staffing, current and ex-service personnel, procurement and contracts, property, climate change, transport, waste and economy. If yes then please explain.N/A

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Summary of this CIA(Please copy and paste information from this summary into the relevant section(s) of the report template)

What are the key risks/impacts – both positive and negative? Are there any groups affected more than others? What were the identified risks and their mitigation? Do you consider that the identified risks are cumulative? If yes make this clear in the Summary. What course of action are you advising as a result of this CIA?

Careful consideration has been given to the likely impacts of the plan.

The key positive impacts are flood risk mitigation of new development being imposed through flood management plans being submitted with planning applications. PRoW are safeguarded and traffic speed reductions are supported throughout the plan.

Taking the impacts of the Plan into account, procedures have been followed and risks mitigated where possible. Cornwall Council has a duty to support communities who are preparing neighbourhood plans.

The Regulations detail the Council’s responsibilities and these will be adhered to throughout the process, as it is concluded that the plan should proceed to a public consultation, Independent Examination and ReferendumDirectorate Equality Action Group (DEAG) Review date 13/08/2018

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Summary of risks. What course of action does this CIA suggest you take? More than one of the following may apply. Please state the Residual Risk score. (Refer to the CIA Guidance regarding Risk Management)

Highest Risk Score

Outcome 1 - Green: No change required. The CIA has not identified any potential for adverse impact or risk. (Residual risk score of 6 or less)

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Outcome 2 - Amber: Continue with the proposal but mitigate the identified risk/s. Despite the potential of an adverse risk/impact continue but make sure you have suitable mitigation plans in place to manage and monitor the risk or impact. (Residual risk score of 8 to 16)Outcome 3 - Red: Stop and rethink. The risk and or impacts may not be acceptable even with mitigation. (Residual risk score of 20+)

Comments from DEAG

The Economic Growth & Development DEAG, agree this review is complete.

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