Issue details

Reason for the Decision

To progress the Chickerell Town 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 isintended 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.