Decision details

To agree the Council decision on each of the neighbourhood plan examiner recommended modifications. To agree that the Denham neighbourhood plan as modified by the Examiner can proceed to referendum and to agree the proposed referendum area should be the same as the designated Denham Neighbourhood area.

Following two periods of statutory public consultation on the Denham Neighbourhood Plan the plan was ready to be examined
Denham Parish Council undertook pre-submission consultation on the draft Plan in accordance with Regulation 14 between 22nd June – 31st July 2020
and Buckinghamshire Council publicised the Neighbourhood Plan for a six-week period starting on 7 Dec 2020 and closing on 31 Jan 2020, and representations were invited in accordance with regulation 16.

The Council, with the agreement of the Denham Parish Council, appointed Mr Andrew S Freeman BSc (Hons) DipTP DipEM FRTPI to undertake the examination of the Denham Neighbourhood Plan and to prepare a report of the independent examination.

The Examiner decided to deal with the Neighbourhood Plan via written representations and made a site visit of the Parish on12th June 2021.

The Examiner’s report was received on 23rd August 2021. The report concludes that, subject to making the modifications recommended by the Examiner, the Plan meets the basic conditions set out in the legislation and should proceed to a Neighbourhood Planning Referendum. The Examiner also recommended that the referendum area should be based on the designated Denham Neighbourhood Area which is the same as the Denham Parish area.

Following receipt of the examiner’s report the Neighbourhood Planning (General) Regulations 2012 (as amended) require for the Local Planning Authority to decide what action to take in response to the recommendations of an Examiner. Whether the plan as modified can proceed to referendum and if the proposed referendum area should cover a larger area than the neighbourhood plan associated neighbourhood area.

Because it is a requirement of the Neighbourhood Planning (England) Regulations 2012 as amended that the Local Planning Authority has to consider each of the Examiner’s report recommendations, decide if the plan as modified can proceed to referendum and if the referendum area should be the same as the designated Neighbourhood area the council has to make these decisions there are no other alternative options in terms that a decision has to be made on the issues listed within 5 weeks of the receipt of the Examiners report.. However, the council could where justified make a different decision it could disagree with one of the examiners recommendations or determine that the neighbourhood plan even if modified wouldn’t comply with the requirements to proceed to referendum or the council could decide that the proposed referendum area should cover a wider area than the neighbourhood plan designated neighbourhood area.