Agenda item

Report of the Head of Strategic Planning and the Economy

Purpose of report

The purpose of this report is to seek a recommendation to Full Council to ‘make’, i.e. to adopt, the Hook Norton Neighbourhood Plan (HNNP) following the holding of a successful referendum in Hook Norton Parish on 3 September 2015.  There was a majority vote in favour of adopting the neighbourhood plan so that it becomes part of the statutory development plan for Cherwell District Council under the provisions of Section 38A (4) and (6) the Planning and Compulsory Purchase Act 2004 as amended by the Localism Act 2011. 

Recommendations

The meeting is recommended:

1.1       To note the referendum result of the 3 September 2015 where 97% of those who voted were in favour of the Plan which is above the required 50%.

1.2       To recommend to Full Council to resolve that Cherwell District Council as local planning authority ‘make’ the Hook Norton Neighbourhood Plan (appendix 3 to this report) part of the statutory development plan for the District.

1.3       To recommend to Full Council to resolve to approve the issuing and publication of a decision statement, under regulation 19 of the Neighbourhood Planning (General) Regulations 2012, that Cherwell District Council has resolved to make the Hook Norton Neighbourhood Plan.

1.4       To recommend to Full Council to resolve to delegate to the Head of Strategic Planning and the Economy the correction of any  spelling, grammatical or typographical errors, and the undertaking of any minor presentational improvements, prior to the Plan being adopted and published by Council.

Resolved

(1)          That the referendum result of 3September 2015, where 97% of those who voted were in favour of the Plan which is above the required 50%, be noted.

(2)          That Full Council be recommended to resolve that Cherwell District Council as local planning authority ‘make’ the Hook Norton Neighbourhood Plan part of the statutory development plan for the District.

(3)          That Full Council be recommended to resolve to approve the issuing and publication of a decision statement, under regulation 19 of the Neighbourhood Planning (General) Regulations 2012, that Cherwell District Council has resolved to make the Hook Norton Neighbourhood Plan.

(4)          That Full Council be recommended to resolve to delegate to the Head of Strategic Planning and the Economy the correction of any  spelling, grammatical or typographical errors, and the undertaking of any minor presentational improvements, prior to the Plan being adopted and published by Council.

The Head of Strategic Planning and the Economy submitted a report which sought a recommendation to Full Council to ‘make’, i.e. to adopt, the Hook Norton Neighbourhood Plan (HNNP) following the holding of a successful referendum in Hook Norton Parish on 3 September 2015. There was a majority vote in favour of adopting the neighbourhood plan so that it becomes part of the statutory development plan for Cherwell District Council under the provisions of Section 38A (4) and (6) the Planning and Compulsory Purchase Act 2004 as amended by the Localism Act 2011. 

Executive commended Hook Norton Parish Council and the local community for their hard work in progressing the plan.

Resolved

(1)          That the referendum result of 3September 2015, where 97% of those who voted were in favour of the Plan which is above the required 50%, be noted.

(2)          That Full Council be recommended to resolve that Cherwell District Council as local planning authority ‘make’ the Hook Norton Neighbourhood Plan part of the statutory development plan for the District.

(3)          That Full Council be recommended to resolve to approve the issuing and publication of a decision statement, under regulation 19 of the Neighbourhood Planning (General) Regulations 2012, that Cherwell District Council has resolved to make the Hook Norton Neighbourhood Plan.

(4)          That Full Council be recommended to resolve to delegate to the Head of Strategic Planning and the Economy the correction of any  spelling, grammatical or typographical errors, and the undertaking of any minor presentational improvements, prior to the Plan being adopted and published by Council.

Reasons

This the first neighbourhood plan in Cherwell District to reach the referendum stage and the making of the plan is the final formal stage of the process of becoming part of the statutory development plan. The preparation of the HNNP has provided a better understanding and knowledge of the process which will help in progressing future neighbourhood plans in the District. The efforts and success of Hook Norton Parish Council and the local community in progressing the Plan is acknowledged by officers.

Local planning authorities are required by statute to ‘make’ any neighbourhood plan if more than half of those voting in the referendum vote in favour of the plan. Of those eligible to vote, 568 voted in favour of the Plan with 16 against. This represents a turnout of 34.8% of those eligible to vote in the Parish and gives a majority vote of 97.2%.

The Executive are recommended to resolve that the Hook Norton Neighbourhood Development Plan be ‘made’ by Council and that the associated statutory and administrative steps are undertaken

Alternative options

Where a referendum poll results in more than half of those eligible to vote voting in favour of the Neighbourhood Plan, the local planning authority must ‘make’ the Plan as part of the statutory development plan. There are no alternative options available unless the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998). There is no known breach or incompatibility.

A legal challenge can be made if a local planning authority declines to make a neighbourhood plan following a successful referendum.