Decision details

That the Director of Planning and Environment uses his delegated powers to declare that the Winslow Neighbourhood Plan Review be made part of the Buckinghamshire Development Plan in accordance with Regulation 18A of The Neighbourhood Planning (General) Regulations 2012 as amended and under section 38A (4) of the 2004 Act.

If a neighbourhood plan is supported by the majority of people who vote in a referendum then the Local Planning Authority have to make the plan, within 8 weeks of the day after the referendum is held, in accordance with the relevant regulations unless the plan would be in breach of European legislation or the Convention on Human Rights.

Under the Council’s Scheme of Delegation, the decision to ‘make’ a Neighbourhood Plan is delegated to the Director of Planning and Environment.

The referendum process and the subsequent decision to make the neighbourhood plan can be subject to a legal challenge being lodged within 6 weeks of the referendum result of the decision to make the plan.

The Winslow Neighbourhood Plan Review has been through the formal stages required and, following receipt of the Examiner’s report and this Council’s consideration of that report, it was recommended to proceed to referendum subject to the examiner’s modifications being made to the plan.

Therefore, on 16th March 2023, the Winslow Neighbourhood Plan Review was put to a referendum of eligible voters within the parish of Winslow.

Referendum result

Under the regulations the referendum had to ask the following question –

Do you want Buckinghamshire Council to use the Neighbourhood Plan for Winslow to help it decide planning applications in the neighbourhood area?

Yes or No

Following the close of the referendum, the votes cast were counted giving the following result:

Yes – 476 No – 200

This represented a 70% Yes vote from those who turned out to vote.

Since more than half of those voting in the referendum voted ‘YES’, the plan became a part of the development plan on 17th March 2023 and the Council is under a statutory duty to ‘make’ the plan within 8 weeks from the day after the referendum unless the plan would be in breach of European legislation or the Convention on Human Rights.

The Council has considered the European and human rights implications of the Neighbourhood Plan as part of its consideration of the draft Plan and the Examiner’s report, and it is not considered to contravene those rights.

Anyone aggrieved by the conduct of the referendum result can make a legal challenge to the process within 6 weeks of the referendum result being announced. If such a legal challenge is made, the Council is not bound to the 8-week deadline for making the neighbourhood plan. However, the 6-week period has now passed and so the plan should be made within 8 weeks.

If a neighbourhood plan is taken to referendum and is supported by the majority of those who voted for the plan to be made part of the development plan the Local planning Authority - Buckinghamshire Council has to make the plan - there are no alternative options