Swaffham Neighbourhood Plan - Making (adoption) of the Swaffham Neighbourhood Plan
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
To ‘make’ the Swaffham Neighbourhood Plan as part of the statutory development plan for Breckland and update the district policies map with the relevant policies.
It was AGREED:
1) That the Swaffham Neighbourhood Plan, as written at the time of the referendum, 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 (Option1);
2) To publish this decision as required by paragraph (9) of section 38A of the Town and Country Planning Act;
3) To advise Swaffham Town 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 Town and Country (Local Planning) (England) Regulations 2012.
Reasons for the decision:
Recommended that Members endorse Option 1 following a positive pvote in favour for making the Swaffham Neighbourhood Plan through a Referendum and there is considered to be compliance, rather than being incompatible, with European obligations and Human Rights conventions.
Alternative options considered:
Option 1 -agree to “make” the Swaffham Neighbourhood Plan and 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 as “…more than half of those voting to have voted in favour of the plan …”, and to undertake the required publication, advise the Town Council and other prescribed persons and subsequently update the district policies map.
Option 2 – do not make the Swaffham 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: 21/05/2019
Date of decision: 21/05/2019
Decided at meeting: 21/05/2019 - Cabinet
Effective from: 29/05/2019