Yaxham Neighbourhood Plan - Making (adoption) of the Yaxham Neighbourhood Plan
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To “make” the Yaxham Neighbourhood Plan as part of the statutory Development Plan for Breckland and update the district policies map with the relevant policies.
The Cabinet recommend to Full Council:
1) To confirm that Yaxham Neighbourhood Plan as per the referendum version is “made” as part of the statutory development plan for Breckland Council, as required by paragraph (4)(a) of section 38A of the Town and Country Planning Act.
2) To publish the decision as required by paragraph (9) of section 38A of the Town and Country Planning Act.
3) To advise Yaxham Parish Council and any other prescribed persons about this, to meet the requirements of paragraph (10) of section 38A of the Town and Country Planning Act.
4) To amend the Breckland District policies map, to meet the requirements of paragraph (9) of the Town and Country (Local Planning) (England) Regulations 2012.
Reasons for the decision:
It is recommended that Members endorse Option 1 as there was a positive vote in favour for making the Yaxham Neighbourhood Plan through a referendum and there is considered to be compliance with, rather than being incompatible, with the European obligations and Human Rights conventions.
Alternative options considered:
1) Cabinet to recommend to Full Council to “make” the Yaxham Neighbourhood Plan as “made” as part of the statutory development plan for Breckland Council, as required by paragraph (4)(a) of section 38A of the Town and 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.
2) Cabinet to recommend to Full Council to refuse to make the Yaxham 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).
Publication date: 31/05/2017
Date of decision: 30/05/2017
Decided at meeting: 30/05/2017 - Cabinet