Decision details

The Melbury Abbas and Cann Neighbourhood Plan 2022 to 2038 – Independent Examiner’s Report and Progress to Referendum

That:

a)    The Melbury Abbas and Cann Neighbourhood Plan 2022 to 2038, as modified (please see Appendix B), can proceed to referendum.

b)    A recommendation to ‘make’ the Melbury Abbas and Cann Neighbourhood Plan 2022 to 2038 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.

To progress the Melbury Abbas and Cann Neighbourhood Plan 2022 to 2038 to referendum so that pending a favourable vote, the plan can be ‘made’.

The Council can decide not to follow the recommendations of the Examiner, but it must set out its reasons for doing so.

The Council has agreed to accept all of the Examiner’s recommendations made within his report (Appendix A).

No conflicts of interest declared.

On making a formal decision to progress the plan to referendum, the Council will become eligible for a grant from the Government. 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. It is expected that the grant will be sufficient to cover the costs associated with the examination and referendum.

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 comments received during the public consultation and examination periods. Given the evidence before them, officers consider that there is no basis for reaching a different view to the Examiner.