Decision details

Decision details

The Portland Neighbourhood Plan 2017-2031 Independent Examiners report and Progress to referendum

Decision Maker: Portfolio Holder for Planning

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Reason for the Decision

To progress the Portland neighbourhood Plan to referendum so that pending a favourable vote, the plan can be “made”

 

Alternative Options considered and rejected

The Council has agreed to accept all the Examiners recommendations made within her report – Appendix A

 

Budget Implications

Once a referendum date has been set, the Council becomes eligible for grant of £20,000.  This grant is intended to cover the costs associated with the Council 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 matter 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.

 

Any conflict of interest

None

 

Reference Documents

Appendix A Examiners report

Appendix B Referendum version of the Portland Neighbourhood Plan 2017 - 2031

 

Decision:

(a)       The Portland Neighbourhood Plan 2017 – 2031, as modified can proceed to referendum;

 

(b)       A recommendation to “make” the Portland Neighbourhood Plan 2017 – 2031 be made to a Cabinet meeting after the reference 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

 

 

Publication date: 25/02/2020

Date of decision: 25/02/2020