Agenda item

Yaxham Neighbourhood Plan - Making (adoption) of the Yaxham Neighbourhood Plan

Report of Executive Member for Growth, Gordon Bambridge.

Minutes:

The Executive Member for Growth presented the report, and explained that it was for Breckland to make any amendments to the Plan and not for the Parish to do so. The report before members contained a version of the plan in which some relatively minor changes had been made. However, as this now differed from the version that the public had voted upon at the referendum, he felt it would be better to revert to the referendum version.

 

Councillors Claussen and Webb agreed that the plan to be adopted should be the version that had been the subject of the referendum.

 

The Executive Manager for Governance agreed that this was the safest option. Any change to the document post referendum brought some risk of challenge and the more substantive the change the greater the risk.

 

The Chairman was in favour of using the original plan that the parish had been consulted upon, as a large proportion of the parish had liked this.  It was therefore recommended that a slight amendment to recommendation one was added to reflect ‘as per the referendum version’.

 

A member of the Yaxham Neighbourhood Plan working group said 53% of the village were in favour of the Yaxham Neighbourhood Plan.  He had made queries with regard to the minor amendments and whilst they would prefer to see the minor amendments, understood the logic of reverting to the referendum version.

 

Options

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).

 

Reasons

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.

 

It was RESOLVED that Cabinet recommend to Full Council:

 

1)     To confirm that Yaxham Neighbourhood Plan, as written at the time of and consulted upon during 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.

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.

Supporting documents: