Issue details

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