Neighbourhood Plan Can Progress to the Referendum Stage of the Neighbourhood Plan Making Process
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BEDFORD BOROUGH COUNCIL DECISION NO. 1543 RECORD OF EXECUTIVE DECISION TAKEN BY AN EXECUTIVE MEMBER This form MUST be used to record any decision taken by the Elected Mayor or an individual Executive Member (Portfolio Holder). The form must be completed and passed to the Chief Officer Democratic and Registration Services no later than NOON on the second working day after the day on which the decision is taken. No action may be taken to implement the decision(s) recorded on this form until 7 days have passed and the Chief Officer Democratic and Registration Services has confirmed the decision has not been called in. 1. Description of decision To secure the necessary agreements so that the Milton Ernest Neighbourhood Plan can progress to the referendum stage of the neighbourhood plan making process. It is agreed: • To make modifications to the Milton Ernest Neighbourhood Plan in line with the recommendations set out in the examiner’s report (Appendix A) and that as modified (Appendix B), the Plan meets the basic conditions • That the formal Decision Statement (Appendix C) be published by 1 September 2021 in order to comply with the statutory deadline, and to inform those interested about the Council’s decision • That arrangements to progress the Plan to the referendum stage of plan preparation are made • That the designated Milton Ernest Neighbourhood Area represents the appropriate geographical area to be covered by the referendum 2. Date of decision 20th August 2021 3. Reasons for decision The purpose of this report is to provide information about the examination of the Milton Ernest neighbourhood plan; to explain the examiner’s recommended modifications to the plan and to set out the Council’s response to those modifications. The Council must decide whether to progress the plan to referendum and in doing so, decide the area over which the referendum should take place. 4. Alternatives considered and rejected Consideration has been given to the need for modifications not proposed by the examiner. It has been determined that no such modifications are required in order for the Milton Ernest Neighbourhood Plan to meet the basic conditions. Consideration has also been given to the need to extend the referendum area beyond the neighbourhood area but it has been determined that this is not necessary. 5. How decision is to be funded - 1 - Once the date for the referendum is published, a claim for £20,000 from MHCLG can be made in the next available claim window (December 2021). This represents a contribution towards the Council’s costs associated with fulfilling its duty to assist the Parish in the preparation of its plan, and the costs associated with the examination process (including the examiner) and the referendum. Any costs in excess of £20,000 will need to be borne by the Council, though it is not anticipated that the examination process and the referendum combined will be more than this amount. Costs associated with assisting the neighbourhood plan group to prepare their Plan are funded from the Plans and Strategies Reserve. 6. Conflicts of interest Name of all Executive members who were Nature of interest Did Standards Committee give a Did the Chief Executive give a dispensation for that conflict consulted AND declared a conflict of dispensation for that conflict of interest? (If of interest? (If yes, give details and the date of the interest. yes, give details and date of dispensation) dispensation). The Mayor has been consulted on this decision Signed: Date: 20th August 2021 Name of Decision Taker: Mayor Dave Hodgson This is a public document. A copy of it must be given to the Chief Officer Democratic and Registration Services as soon as it is completed. Date decision published: 23 August 2021 Date decision can be implemented if not called in: 3 September 2021 (Decision to be made exempt from call in: NO - 2 - For publication BEDFORD BOROUGH COUNCIL – REPORT TO THE MAYOR DATE – AUGUST 2021 REPORT BY THE CHIEF OFFICER PLANNING, INFRASTRUCTURE & ECONOMIC GROWTH SUBJECT: MILTON ERNEST NEIGHBOURHOOD PLAN 1. EXECUTIVE SUMMARY Neighbourhood plans are statutory development plans produced by parish/town councils or neighbourhood forums. Milton Ernest Parish Council has produced a neighbourhood plan for the Milton Ernest parish area. The Plan was submitted to Bedford Borough Council on and, in line with regulatory requirements, was subject to a six-week consultation (26 February - 11 April 2021). It has since been formally examined by an independent examiner. The examiner has produced a report (Appendix A) which recommends that the Plan is modified in order to meet legal requirements and is then progressed to a referendum of people who live within the designated neighbourhood area. Bedford Borough Council must decide: • whether to progress the Plan to a referendum and • whether to modify it (in the ways recommended by the examiner or otherwise) or • whether to refuse the Plan. The Council must consider each of the examiner’s recommendations on the content of the Plan and decide what action to take. If the Plan is to progress to referendum, the council must also decide whether the referendum area should be extended beyond the neighbourhood area, which in this case is Milton Ernest Parish. (1) Neighbourhood planning/executive decision/referendum August2021 2. RECOMMENDATIONS The Mayor is asked to consider this report and if satisfied agree: • To make modifications to the Milton Ernest Neighbourhood Plan in line with the recommendations set out in the examiner’s report (Appendix A) and that as modified (Appendix B), the Plan meets the basic conditions • That the formal Decision Statement (Appendix C) be published by 1 September 2021 in order to comply with the statutory deadline, and to inform those interested about the Council’s decision • That arrangements to progress the Plan to the referendum stage of plan preparation are made • That the designated Milton Ernest Neighbourhood Area represents the appropriate geographical area to be covered by the referendum 3. REASONS FOR RECOMMENDATIONS To give information about the outcome of the Milton Ernest Neighbourhood Plan examination and to secure agreement to progress the Milton Ernest Neighbourhood Plan to referendum, which is the next stage of the plan-making process. 4. IMPLICATIONS (a) Legal The scope of a neighbourhood plan examination is set out in Paragraph 8(1) of Schedule 4B to the Town and Country Planning Act 1990 (as amended). The examiner must consider: • Whether the plan meets the Basic Conditions; • Whether the plan complies with provisions under s.38A and s.38B of the Planning and Compulsory Purchase Act 2004 (as amended). These are: (2) Neighbourhood planning/executive decision/referendum August2021 - it has been prepared and submitted for examination by a qualifying body, for an area that has been properly designated by the local planning authority; - it sets out policies in relation to the development and use of land; - it specifies the period during which it has effect; - it does not include provisions and policies for ‘excluded development’; - it is the only neighbourhood plan for the area and does not relate to land outside the designated neighbourhood area; - whether the referendum boundary should be extended beyond the designated area, should the plan proceed to referendum; and • Such matters as prescribed in the Neighbourhood Planning (General) Regulations 2012 (as amended). The examiner must also consider if the neighbourhood plan is compatible with the Convention on Human Rights. On receipt of the examiner’s report, the Neighbourhood Planning (General) Regulations 2012 require that a Local Planning Authority must publish a decision statement setting out what actions will be taken in response to each of the examiner’s recommendations. If the authority proposes to accept the examiner’s recommendations, a decision statement must be published within 5 weeks of receiving the examiner’s report. Arrangements for the referendum must then commence. If the authority proposes to make a decision which differs from that recommended by the examiner, it must notify relevant people and invite representations for a period of 6 weeks. The local planning authority may, if it considers it appropriate to do so (for example if the Council’s proposed changes are significant or controversial), refer the issue to further independent examination and receive a further report. Once any period for further representations is over, the local planning authority must issue its final decision within 5 weeks and proceed to referendum. In this case it is recommended that the examiner’s proposed amendments are accepted. If this is agreed, the decision statement relating to the Milton Ernest Neighbourhood Plan must be published by 1 September 2021. The neighbourhood plan passes the referendum of local voters if it achieves a simple majority (i.e. 50% +1 or over). No minimum turn- out is required. If a plan passes referendum, the council must ‘make’ (adopt) it as soon as reasonably practicable unless the Council considers that the plan breaches EU obligations or human rights legislation. If there is a majority ‘No’ vote or a tied vote then the neighbourhood plan will not come into legal force. The Council must hold a referendum within 56 working days from the date that the decision to take the plan forward to a referendum is published. The Council must also publish notice that the referendum will take place no fewer than 28 days before the referendum date. (3) Neighbourhood planning/executive decision/referendum August2021 The Neighbourhood Planning (Referendums) Regulations 2012 (as amended) cover all aspects of organising and conducting polls. The Referendum question is ‘Do you want Bedford Borough Council to use the neighbourhood plan for Milton Ernest Parish to help it decide planning applications in the Neighbourhood Area’. Decisions to proceed to referendum and to ‘make’ the neighbourhood plan are taken by Bedford Borough Council’s Executive rather than Full Council.