Decision details

The Westbury Neighbourhood Plan should not proceed to referendum at this stage and that further modification is required in order for the Plan to meet the Basic Conditions set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990. The further modification shall be subject to a 6-week period of consultation in accordance with Regulation 13 of Schedule 4B to the Town and Country Planning Act 1990. After this, the decision on whether to proceed to a referendum shall be revisited.

The Council has reviewed the Examiner’s report and concludes that the modifications proposed by the Examiner are valid. However, the Council consider that an additional modification is needed to ensure Westbury Neighbourhood Plan meets 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, this provision is engaged in this instance for the reasons set out in the attached report.

Having considered each of the recommendations made by the Examiner in the Examiner’s report and the reasons for them, the Council has decided to accept the Examiner’s modifications to the Neighbourhood Plan but to also consult on an additional modification.

The Parish Council have accepted the Examiner’s recommendations and they have been made aware of the need for an additional modification to the Plan.

The Council is not satisfied that, subject to the Examiner's modifications alone, the Plan would meet the Basic Conditions set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990 and that a further modification is required before the Plan can proceed to a referendum.

As a result of the above, the Plan as modified by the Examiner’s modifications alone should not proceed to Referendum.

An additional modification along with the modifications in the Examiner’s report that are accepted by Buckinghamshire Council (see Annex 1 and 2 of the attached report) shall be consulted on for 6 weeks before a further decision is made on proceeding to a referendum.