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