Agenda item


Consideration of the Examiner's Report for the Weston on the Green Neighbourhood Plan

Report of Assistant Director - Planning and Development

 

Purpose of report

 

The Weston on the Green Neighbourhood Plan (submission draft) has been examined by an Independent Examiner. The Examiner has produced a report and the Council, as the Local Planning Authority, is required to consider the report's recommendations; determine whether the Plan, incorporating modifications, should proceed to a referendum; and, confirm the area covered by the referendum.

 

Recommendations

            

The meeting is recommended:

 

1.1     To approve all the Examiner’s recommendations and modifications (Appendices 1 and 2), with the exception of Modifications 15, 21, 24, 26 and 27.

 

1.2     To authorise the issue of a 'decision statement' confirming the Executive’s decision and to invite representations on the Council’s proposed amendments to Modifications 15 and 21, and consequential changes required to Modifications 24, 26 and 27, of the Examiner’s report.

 

1.3     Not to proceed to referendum on the Weston on the Green Neighbourhood Plan at this time.

 

1.4     To approve the area for the future referendum as being the designated Neighbourhood Plan area in accordance with the examiner's recommendations, noting that there will be no extension to the area.

 

Decision:

Resolved

 

(1)      That the Examiner’s recommendations and modifications (Appendices 1 and 2), with the exception of Modifications 15, 21, 24, 26 and 27 be approved.

 

(2)      That the issuing of a 'decision statement' confirming the Executive’s decision and to invite representations on the Council’s proposed amendments to Modifications 15 and 21, and consequential changes required to Modifications 24, 26 and 27, of the Examiner’s report be authorised.

 

(3)      It be agreed to not proceed to referendum on the Weston on the Green Neighbourhood Plan at this time.

 

(4)      That the area for the future referendum as being the designated Neighbourhood Plan area in accordance with the examiner's recommendations, noting that there will be no extension to the area be approved.

 

Minutes:

The Assistant Director - Planning and Development submitted a report which advised that the Weston on the Green Neighbourhood Plan (submission draft) had been examined by an Independent Examiner. The Examiner had produced a report and the Council, as the Local Planning Authority, was required to consider the report's recommendations; determine whether the Plan, incorporating modifications, should proceed to a referendum; and, confirm the area covered by the referendum.

 

Resolved

 

(1)        That the Examiner’s recommendations and modifications (Annexes to the Minutes as set out in the Minute Book), with the exception of Modifications 15, 21, 24, 26 and 27 be approved.

 

(2)        That the issuing of a 'decision statement' confirming the Executive’s decision and to invite representations on the Council’s proposed amendments to Modifications 15 and 21, and consequential changes required to Modifications 24, 26 and 27, of the Examiner’s report be authorised.

 

(3)        It be agreed to not proceed to referendum on the Weston on the Green Neighbourhood Plan at this time.

 

(4)        That the area for the future referendum as being the designated Neighbourhood Plan area in accordance with the examiner's recommendations, noting that there will be no extension to the area be approved.

 

Reasons

 

The submission Weston on the Green Neighbourhood Plan has been independently examined and is recommended by the Examiner for referendum subject to the incorporation of modifications. Officers do not agree with two of the Examiner's modifications.  They consider that with the incorporation of all of his recommended modifications the Plan does not meet the requisite Basic Conditions and should not proceed to referendum at this time.

 

Officers consider that the Examiner’s modifications 15 and 21 (and the consequential changes to modifications 24, 26 and 27) should be amended as set out in Appendix 2 of this report. These amendments should be the subject of public consultation as prescribed by the regulations. The future referendum area should be the designated Neighbourhood Plan Area

 

Alternative options

 

Option 1:      Approve all the Examiner’s recommendations and proceed to a referendum.

Officers do not agree with all the Examiner's recommendations. Accepting all the modifications and proceeding to referendum would result in a neighbourhood plan that would not provide sufficient clarity to enable the consistent application of its policies in determining planning applications. This may result in development that is contrary to the overall aims and objectives of the Neighbourhood Plan. The Plan would not be in general conformity with the strategic planning policies for the area.

 

Option 2:      To extend the area in which the referendum is to take place.

Officers agree with the Examiner's recommendations. There is no need to extend the referendum area.

 

 

Supporting documents: