Decision details

That the Director of Planning and Environment uses his delegated powers to declare that the Stewkley 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.

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 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 Stewkley Neighbourhood Plan has been through the formal stages required and, following receipt of the Examiner’s report and this Council’s consideration of that report was recommended to proceed to referendum subject to some minor changes.

Therefore, on the 14th October 2021 the Stewkley Neighbourhood Plan was put to a referendum of eligible voters within the parish of Stewkley.
the result was a 90.3% Yes vote from those who turned out to vote.

If, following a referendum, more than half of those voting have 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

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.

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.