Issue details
Milton Abbas Neighbourhood Plan 2019-2031
Reason
for the Decision
To progress the
Milton Abbas Neighbourhood Plan to
referendum so
that pending a favourable vote, the plan can
be ‘made’.
(Current Regulations linked to the Coronavirus
Act 2020 mean
that no neighbourhood plan referendums
can 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.
Regarding the
examiner’s recommendations, in paragraph
90 of his report
(see Appendix A) he states “I nevertheless
recommend that
consideration be given to the identification
of a reserve
site, which could potentially be released in the
event that there
is a shortfall in meeting the housing
requirement over
the Plan period as a result of the decisions
reached on
applications for any of the allocated sites. The
Plan should make
it clear that this site should only be
considered for
release if evidence exists that, without it, the
Plan would not be
able to meet the identified need for
housing.”
The neighbourhood
plan group and Milton Abbas parish
council (as the
qualifying body) have both considered
whether to
include a reserve site. The minutes from the
parish council
meeting held on 13 August 2020 (see
Appendix B) show
that both the neighbourhood plan group
and the parish
council agreed that the draft neighbourhood
plan meets the
needs of the parish and therefore can
proceed without a
reserve site.
Dorset Council
has separately considered the matter of
whether a reserve
site should be included in the plan. There
is no suggestion
by the examiner that a reserve site is
necessary in
order for the plan to meet ‘basic conditions’ or
any other legal
requirement. Dorset Council notes that the
parish council
has given the matter due consideration and
taken a vote.
Since production of a neighbourhood plan
should be led by
the qualifying body (in this case, the parish
council), Dorset
Council sees no reason on this occasion to
amend the plan to
include a reserve site.
Aside from the
matter of a reserve site, the Council has
agreed to accept
all of the Examiners recommendations
made
within his report (see Appendix A).
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.
Decision type: Non-key
Decision status: Recommendations Approved
Notice of proposed decision first published: 04/09/2020
Decision due: 4 Sep 2020 by Portfolio Holder for Planning
Lead member: Portfolio Holder for Planning
Lead director: Executive Director, Place
Consultation process
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).
Decisions
- 25/09/2020 - Milton Abbas Neighbourhood Plan 2019-2031
Documents