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Decision details

HIGHAMS PARK NEIGHBOURHOOD PLAN: APPROVAL OF REFERENDUM PLAN

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

Cabinet is recommended to:

1.     accept the conclusions contained in the report of the Independent Examiner of 7th June 2019 and the recommended modifications; 

2.     agree that the referendum version of the Highams Park Neighbourhood Plan meets the basic conditions and complies with the provisions of Sections 38A and 38B of the Planning and Compulsory Purchase Act 2004 and Schedule 4B to the Town and Country Planning Act 1990;

3.     delegate authority to the Director of Planning in consultation with the Portfolio Lead Member for Economic Growth and Housing Development to issue a statement pursuant to Regulation 18 of the the 2012 Regulations, setting out the decision made by Cabinet and the reasons for it;

4.     Delegate authority to Director of Planning  in consultation with the Portfolio Lead Member for Economic Growth and Housing Development to agree any changes to the referendum version ahead of the referendum; and

5.     Agree that a local referendum on the NP be arranged in the Highams Park Neighbourhood Area as soon as reasonably practicable.

Decision:

Cabinet:

(1)          accepted the conclusions contained in the report of the Independent Examiner of 7th June 2019 and the recommended modifications contained therein (Appendix B to the report refers); 

(2)          agreed that the referendum version of the Highams Park Neighbourhood Plan (as modified following Independent Examination) (Appendix A to the report refers) meets the basic conditions and complies with the provisions of Sections 38A and 38B of the Planning and Compulsory Purchase Act 2004 and Schedule 4B to the Town and Country Planning Act 1990;

(3)          delegated authority to the Director of Planning in consultation with the Portfolio Lead Member for Economic Growth and Housing Development to issue a statement as soon as possible following the date of this meeting, pursuant to Regulation 18 of the Neighbourhood Planning (General) Regulations 2012 (‘the 2012 Regulations’), setting out the decision made by Cabinet and the reasons for it;  

(4)          delegated authority to Director of Planning in consultation with the Portfolio Lead Member for Economic Growth and Housing Development to agree any changes to the referendum version ahead of the referendum; and

(5)          agreed that a local referendum be arranged in the Highams Park Neighbourhood Area on the referendum version as soon as reasonably practicable.

 

OPTIONS & ALTERNATIVES CONSIDERED

The Council could reject some or all of the Examiner's recommendations and not take the plan to referendum. However, good justifiable reasons for this would be required otherwise the Council will be open to challenge.   Officers have worked extensively over a number of years with the neighbourhood forum in relation to this plan and consider that it meets all of the legal tests and that the Examiner’s conclusions and modifications are acceptable. Accordingly this option is not recommended.

The ‘do nothing’ approach is not an option. The Neighbourhood Planning process is a statutory one which the Council must comply with. This option is therefore not recommended.

 

Report author: Joe Addo-Yobo

Publication date: 10/10/2019

Date of decision: 10/10/2019

Decided at meeting: 10/10/2019 - Cabinet

Accompanying Documents: