Decision details

Reason for the Decision

To progress the Puddletown 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.

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

Consultation

The plan has been subject to a large amount of public consultation as it has been progressed.

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.

a)    The Puddletown Neighbourhood Plan 2019-2031, as modified (please see Appendix B), can proceed to referendum.

b)    A recommendation to ‘make’ the Puddletown  Neighbourhood Plan 2019-2031 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.