Agenda item

Mattishall Neighbourhood Plan - Making (adoption) of the Mattishall Neighbourhood Plan (Agenda item 12)

Report of Councillor Gordon Bambridge, Executive Member for Growth.

Minutes:

The Executive Member for Growth presented the report and was pleased to announce that this was the second Neighbourhood Plan that the Council had received at this particular stage.  He congratulated the Working Group for all their hard work and pointed out that the Council would be seeing many more of these coming through the system.

 

Nicky Grandy, a Member of the Working Group, was in attendance and felt proud that the Plan had reached this stage as it represented a great deal of work from the Parish; however, she had noticed a number of editorial errors, some of which were contained in the body of the Plan and some were in the actual policies.  She pointed out that Breckland Council was made aware of these errors but was told that under the regulations, such changes were not permitted. The errors were highlighted and she asked that these be corrected prior to the Plan being “made” and to include an addendum sheet with the Plan.

 

The Chairman raised concern that such documents were being presented to the Council that could not be amended prior to publication. This should be a learning curve for the Council and it was suggested that the Department for Communities & Local Government (DCLG) be asked for their views on the situation.

 

The Executive Member for Growth explained that Neighbourhood Plans had fairly strict legal rules that had to be adhered to.  The Executive Manager for Governance said that he would be happy to follow this up but previous external advice had been that such amendments should not be permitted.

 

Councillor Borrett suggested that an addendum should be included.  Members were informed that an addendum was effectively an amendment.  The Chairman felt that one should be prepared for Full Council, just in case.  The Executive Manager for Governance agreed to seek advice.

 

Councillor Claussen, the Executive Member for Place (Health Lead) and a Ward Member for Mattishall felt that this had been a terrific journey for the parishioners.  He hoped that this Plan would help the village and congratulated everybody involved.  He also thanked everyone for inviting him along to meetings as part of the process.

 

The Executive Member for Finance endorsed everything that had been said.  He had noticed a number of grammatical errors, particularly under ENV 8, on page 125 of the agenda pack which, in his opinion, did not make any sense at all and he imagined that once this process had been completed that all these material amendments could be changed. 

 

The Executive Member for People & Information also congratulated the Mattishall Team.

 

Councillor Borrett said that this was a huge achievement for the village to produce such a document; these Plans would provide communities with a clear vision and he congratulated all concerned.

 

Reasons

 

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.

 

Option 1

 

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.

 

Option 2

 

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)...”

 

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.

 

Supporting documents: