Issue - meetings

Report of Assistant Director – Planning and Development

Purpose of report

To consider the Examiner’s report on the draft Deddington Neighbourhood Plan (the “Draft Neighbourhood Plan”) to determine whether the Draft Neighbourhood Plan, incorporating modifications should proceed to referendum.

Recommendations

The meeting is recommended:

1.1       To approve all the Examiner’s recommendations and modifications (Appendices 1 and 2) to enable the Plan, incorporating the recommended modifications (Appendix 3), to proceed to a referendum.

1.2      To authorise the issue of a ‘decision statement’ confirming the Executive’s decision including that the Plan will now proceed to a referendum.

1.3      To authorise the Assistant Director – Planning and Development to make any minor presentational changes and corrections necessary to ready the Plan for referendum.

Resolved

(1)           That all of the Examiner’s recommendations and modifications be approved to enable the Plan, incorporating the recommended modifications to proceed to a referendum.

(2)           That the issue of a ‘decision statement’ confirming the Executive’s decision including that the Plan will now proceed to a referendum be authorised.

(3)           That the Assistant Director – Planning and Development be authorised to make any minor presentational changes and corrections necessary to ready the Plan for referendum.

The Assistant Director – Planning and Development submitted a report to consider the Examiner’s report on the draft Deddington Neighbourhood Plan (the “Draft Neighbourhood Plan”) to determine whether the Draft Neighbourhood Plan, incorporating modifications should proceed to referendum.

Resolved

(1)          That all of the Examiner’s recommendations and modifications be approved to enable the Plan, incorporating the recommended modifications to proceed to a referendum.

(2)          That the issue of a ‘decision statement’ confirming the Executive’s decision including that the Plan will now proceed to a referendum be authorised.

(3)          That the Assistant Director – Planning and Development be authorised to make any minor presentational changes and corrections necessary to ready the Plan for referendum.

Reasons

Having considered the Examiner’s report, officers are of the view that all of his recommendations should be accepted. Officers consider that the Draft Neighbourhood Plan meets the Basic Conditions with the Examiner’s proposed modifications and also agree with the Examiner that the referendum area should be based on the Designated Area and that the referendum area does not need to be extended.

It is recommended that the Executive agrees the submission of the Draft Neighbourhood Plan (as modified) for referendum and that a Decision Statement be issued. This Council would then be responsible for making the necessary arrangements for the referendum to be held. A notice of the referendum will need to be issued. In line with the Neighbourhood Planning (referendums) Regulations 2012, Schedule 1, the following question would be asked: “Do you want Cherwell District Council to use the neighbourhood plan for Deddington to help it decide planning applications in the neighbourhood area?”

If a majority of votes are in favour of the Neighbourhood Plan, it would come into force as part of the statutory Development Plan for the District. This Council must then ensure that the plan is “made” within eight weeks of the referendum for it to take effect.

Alternative options

Option 1: Not to accept all the Examiner’s recommendations.

Where a local planning authority proposes to make a decision that differs from the Examiner’s recommendations it is required to set out these reasons in a Decision Statement which would be subject to further consultation.

Reason: Officers agree with all the Examiner's recommendations.

Option 2:Not to accept the Examiner’s recommendations and not to proceed to a referendum. This option could only be justified if the Examiner recommends that the Draft Neighbourhood Plan should not proceed to a referendum, or the Council is not satisfied that the Draft Neighbourhood Plan has met the procedural and legal requirements.

Reason: Officers agree with the Examiner's recommendations and are of the view that the local planning authority have met the procedural and legal requirements.