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 Director of Planning and Environment
uses his delegated powers to declare that the Great and Little
Kimble-cum-Marsh Neighbourhood Plan 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 .
Reasons for the decision:
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 Councils Scheme of
delegations, the decision to Make a Neighbourhood Plan is delegated
to the Director of Planning and the Environment.
The Great and Little Kimble-cum-Marsh Neighbourhood Plan has been
through the formal stages required and, was recommended to proceed
to the referendum. The referendum was delayed by the Covid pandemic
and the requirements that no elections and or referendum should be
held until 6th May 2021. Therefore, on the 6th May 2021 the Great
and Little Kimble-cum-Marsh Neighbourhood Plan was put to a
referendum of eligible voters within the parish of Great and Little
Kimble-cum-Marsh. The votes cast were counted giving the following
result:
Yes – 336 No – 34
This represented a 88.4% Yes vote from those who turned out to
vote.
As the result of the referendum was that more than half of those
voting voted in favour of the plan the Council is under a statutory
duty to ‘make’ the plan as soon as possible after the
referendum unless the plan would be in breach of European
legislation or the Convention on Human Rights
Alternative options considered:
Because it is a requirement of the
Neighbourhood Planning (England) Regulations 2012 as amended that
following a referendum of eligible voters in the affected area a
majority of those who voted vote in favour of a neighbourhood plan
being made part of the development plan the local planning
authority (Buckinghamshire Council) has to use its powers to Make
the neighbourhood Plan there are no other alternative options. If
the neighbourhood Plan had been considered to breach any European
and human rights, then the Council could have declined to make the
plan.
Wards Affected: Ridgeway East;
Details of any conflict of interest declared: Although local members were informed of the progression of the neighbourhood plan at key stages not aware of any conflict of interest.
Contact: Steve Bambrick, Corporate Director Planning Growth & Sustainability Email: steve.bambrick@buckinghamshire.gov.uk.
Publication date: 22/06/2021
Date of decision: 22/06/2021
Accompanying Documents: