Decision details

Reason for the Decision

 

To progress the Shaftesbury Neighbourhood Plan to

referendum so that pending a favourable vote the plan can

be ‘made’.

 

Please note: current Regulations linked to the Coronavirus

Act 2020 mean that neighbourhood plan referendums

cannot take place until 6 May 2021. However, the

Government’s Planning Practice Guidance has been

updated and sets out that neighbourhood plans that have

been subject to a decision statement, stating that they can

proceed to referendum, can be given significant weight in

decision-making.

 

Alternative Options considered and rejected

 

The Council can decide not to follow the recommendations

of the Examiner, but it must set out its reasons for doing so.

In this case, it is considered that there are no valid reasons

for not following the Examiner’s recommendations.

 

Consultees

 

The plan has been subject to a large amount of public

consultation as it has been progressed. This includes two

formal rounds of consultation, both lasting six weeks (as

required by legislation).

 

Budget Implications

 

Once a referendum date has been set, the Council becomes

eligible for a grant of £20,000. This grant is intended to

cover the costs associated with the Council’s input into the

production of the neighbourhood plan including the

examination and referendum. The grant of £20,000 will be

sufficient to cover the costs associated with the examination

and referendum.

 

Legal Implications

 

A legal challenge could theoretically be made against a

decision to proceed to referendum. Such a challenge could

be made on the basis that the neighbourhood plan, as

modified, does not meet the basic conditions, is not

compatible with the Convention rights or because it does not

comply with the definition of a neighbourhood development

plan. However, the independent Examiner has considered

these matters in light of all of the objections that have been

made to the plan. Given the evidence before them, officers

consider that there is no basis for reaching a different view

to the Examiner.

a)The Shaftesbury Neighbourhood Plan 2019 - 2031,

as modified (please see Appendix B), can proceed to

referendum.

b) A recommendation to ‘make’ the Shaftesbury

Neighbourhood Plan 2019 - 2031 be made to a

Cabinet meeting after the referendum if the result of

the referendum is in support of making the plan and

there are no other issues identified that would go

against such a decision.