Decision details
Decision Maker: Corporate Director Planning, Growth and Sustainability
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
That the Mursley Neighbourhood Plan meets the
Basic conditions subject to modifications set out in the
Examiner’s report and therefore should proceed to a
referendum, also that the referendum area should be the same as the
neighbourhood area.
Reasons for the decision:
The Council has reviewed the Examiner’s
report and concludes that the modifications proposed by the
Examiner are valid in that they meet the Basic Conditions.
The Neighbourhood Planning (General) Regulations 2012 (as amended)
requires under Regulation 18 for the Local Planning Authority to
outline what action to take in response to the recommendations of
an Examiner made in a report
The regulations provide that where the Council disagrees with the
Examiner’s decision made in his report the Council has to
re-consult, however this provision is not necessary as the council
don't disagree with the Examiners recommendations.
Having considered each of the recommendations made by the Examiner
in the Examiners report and the reasons for them, the Council has
decided to accept the Examiner’s modifications to the
Neighbourhood Plan. The Parish Council have accepted the Examiners
recommendations and that the Neighbourhood Plan referendum version
should be the submitted Neighbourhood Plan as modified by the
Examiner.
The Council is satisfied that subject to those modifications which
it considers should be made to the Plan, the Plan meets the Basic
Conditions set out in paragraph 8(2) of Schedule 4B of the Town and
Country Planning Act 1990, is compatible with the Convention Rights
and complies with the provision made by or under 61E(2), 61J and
61L of the said Act.
As a result of the above, the Plan as modified should proceed to
Referendum.
Alternative options considered:
Under the regulations once an examiners report
had been received the Local planning Authority (Buckinghamshire
Council) has to consider each of the examiners recommendations and
come to a view on them it also has to decide if the referendum area
should be the same as the neighbourhood area. in theory the council
can disagree with an examiners recommendations but would have to
give valid reasons and then consult on the proposed disagreement.
As the council agreed with the examiners recommendations there were
no alternatives that could be followed.
Wards Affected: Great Brickhill;
Contact: Chris Schmidt-Reid Email: chris.schmidt-reid@buckinghamshire.gov.uk.
Publication date: 19/12/2023
Date of decision: 19/12/2023
Accompanying Documents: