Mattishall Neighbourhood Plan - Making (adoption) of the Mattishall Neighbourhood Plan
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To bring the Mattishall Neighbourhood Plan into effect following the Referendum.
RECOMMEND to Full Council that:
1) the Mattishall Neighbourhood Plan, as written at the time of the Referendum, be confirmed and “made” as part of the statutory Development Plan for Breckland Council, as required by paragraph (4)(a) of Section 38A of the Town & Country Planning Act;
2) this decision be published as required by paragraph (9) of Section 38A of the Town & Country Planning Act;
3) Mattishall Parish Council and any other prescribed persons be advised about this to meet the requirement of Paragraph (10) of Section 38A of the Town & Country Planning Act; and
4) the Breckland District Policies map be amended, to meet the requirement of Paragraph 9 of the Town & Country (Local Planning) (England) Regulations 2012.
Reasons for the decision:
That Members endorse Option 1 of the report as there was a positive vote in favour for making the Mattishall Neighbourhood Plan through a Referendum and there was considered to be a compliance with, rather than being incompatible, with European obligations and Human Rights conventions.
Alternative options considered:
To “make” the Mattishall Neighbourhood Plan and be “made” as part of the statutory Development Plan for Breckland Council, as required by paragraph (4)(a) of Section 38A of the Town & Country Planning Act as “….more than half of those voting to have voted in favour of the Plan…”, and to undertake the required publication, advise the Parish Council and other prescribed persons and subsequently update the District Policies Map.
To refuse to “make” the Mattishall Neighbourhood Plan where”….it considers that 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)...”
Report author: Susan Heinrich
Publication date: 17/10/2017
Date of decision: 17/10/2017
Decided at meeting: 17/10/2017 - Cabinet