Issue - meetings

To consider a report by the Planning Policy Team Leader regarding the options upon receipt of an Examiner’s report into a Neighbourhood Plan, the proposed process to determine whether a Neighbourhood Plan progresses to referendum and the procedures for conducting a Referendum.

  i.  Agrees the process for determining whether a Neighbourhood Plan progresses to Referendum as detailed in the Officer’s report; and

  ii.  Notes the requirements of the Regulation in relation to Referendums as summarised in the Officer’s report and set out in the Briefing Note on the Role of the Local Planning Authority in arranging the Referendum (as prepared by the Planning Advisory Service and Local Government Association attached as Appendix 1 of the Officer’s report).

(Councillor T Sanderson, Chairman of Overview and Scrutiny Panel (Environmental Well-Being), was in attendance for this item).

The Cabinet received a report from the Planning Policy Team Leader, which was presented by two Senior Planning Policy Officers (a copy of which is appended in the Minute Book) regarding the process for determining whether a Neighbourhood Plan progressed to Referendum and the requirements of the Regulations in relation to Referendums.

St Neots Neighbourhood Plan was at the Referendum stage and the Council was receiving more expressions of interest from other Town and Parish Councils regarding Neighbourhood Plans.  Therefore a process was required to be established.

Following examination of a Neighbourhood Plan, the Examiner issued a report to the Local Planning Authority and the respective Town/Parish Council who had prepared the Neighbourhood Plan. The Examiner was required to recommend one of three options:

i.  That the Neighbourhood Plan proceeded to Referendum as submitted;

ii.  That the Neighbourhood Plan was modified by the Local Planning Authority to meet the basic conditions and the modified version proceeded to Referendum; or

iii.  That the Neighbourhood Plan did not proceed to Referendum as it failed to meet the basic conditions or legislative requirements and could not be modified to do so.

Following the examination and receipt of the Examiner’s Report the Local Planning Authority had limited options.  It could:

a.  Where the Examiner recommended that the Plan met the basic conditions or could meet the basic conditions, subject to modifications, act upon the Examiner’s Report and progress the Neighbourhood Plan to Referendum;

b.  Propose to take a decision substantially different from the Examiner’s recommendation which was wholly or partly as a result of new evidence or a different view taken by the Local Planning Authority on a particular fact.  In this instance the Local Planning Authority must notify all those identified in the consultation statement and invite representations on the alternative decision.  Where necessary as a result of the representations the Local Planning Authority had to reopen the examination;

c.  Decide not to progress the Neighbourhood Plan to Referendum if the Examiner’s report stated that it failed to meet the basic conditions or legislative requirements and could not be modified to do so.

If a Neighbourhood Plan was successful at Referendum it would form part of the Statutory Development Plan for Huntingdonshire. 

Once the Examiner’s Report on a Neighbourhood Plan had been received the Cabinet would be presented with a report to determine which of the options was appropriate and, if necessary, a draft Decision Statement with modifications that the Examiner considered were required to the Plan to meet the required basic conditions.

The Chairman of the Overview and Scrutiny Panel (Environmental Well-Being), having been invited to address the Cabinet, explained that there had been a lengthy discussion on the matter at the meeting and that the Panel had agreed with the recommendations, but had suggested that it was important for Town and Parish Councils developing a Neighbourhood Plan to project plan.

Concern was expressed  ...  view the full minutes text for item 49

The Panel is to receive a report in response to an Examiner’s report into a neighbourhood plan.

With aid of a report by the Planning Policy Team Leader (a copy of which is appended to the Minute Book) the Panel was informed about the establishment of a process for progressing Neighbourhood Plans from examination to Referendum following the receipt of an Examiner’s report into the Neighbourhood Plan. A part of the process was the requirement to include a notification period of 28 working days before a Referendum. This was to enable the public to view the Examiner’s report, all representations and the neighbourhood area before the Referendum.

Members were informed that Regulations did not allow councils to set specific points in the year for Neighbourhood Plan Referendums; they would be required to make every effort to conclude each stage promptly and progress from Examination to Referendum of the Neighbourhood Plan as swiftly as is practicable.

The Panel requested that items 2.2 and 2.3 of the report now submitted was fully explained to Town and Parish Councils as they needed to know under what limited circumstances the Cabinet could hold up or reject a Neighbourhood Plan. In addition Members felt that clear timescales needed to be set out for Town and Parish Councils, particularly in relation to when the Neighbourhood Plan was passed to the Council for the Examination and Referendum.

A Member asked what was the implication for those Town and Parish Councils who had decided not to create a Neighbourhood Plan. In response the Panel was advised that having a Neighbourhood Plan increased the amount of Community Infrastructure Levy (CIL) the Town or Parish Council would receive on a development from 15% to 25%. However it was noted that a Town or Parish Council could decide to produce a Neighbourhood Plan at a later date if they wished.

The Panel wanted to emphasise to the Cabinet the requirement for a Town or Parish Council to adopt a project plan when developing a Neighbourhood Plan.  In addition Members were reminded that it was the responsibility of the Town or Parish Council to produce a clean copy once the Cabinet have considered the content.

(At 8.40pm, during the consideration of this item, Councillor I C Bates left the meeting and did not return.)