Decision details
Decision Maker: Service Director Planning & Environment
Decision status: For Determination
Is Key decision?: No
Is subject to call in?: No
Decision:
Following the examination of the Cuddington
Neighbourhood Plan, this Decision Statement
sets out the modifications to the Plan which have been proposed by
the Examiner in the
Examiner’s report, the decision to proceed to referendum and
the area for the referendum.
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.
4.2. 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 under paragraph 10
of Schedule 4A to the 1990 Act (as applied by Section 38A of the
2004 Act) in relation to a Neighbourhood Plan. The Regulations (13)
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 engaged in this instance for the reasons set
out in Annex 1.
4.3. 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 Councillors have accepted the
examiners recommendations and that the neighbourhood plan
referendum version should be the submitted Neighbourhood Plan as
modified by
the Examiner.
4.4. The Examiner recommended that the Neighbourhood Plan should
proceed to a referendum subject to the modifications being made,
and that the referendum area should be the designated Cuddington
Neighbourhood Area which is the same area as Cuddington
Parish.
The Council is satisfied that subject to those modifications,
recommended by the examiner, 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.
4.7. As a result of the above, the Plan as modified should proceed
to Referendum.
Alternative options considered:
the council is legally required to consider
each of the Examiners recommendations. techniclly the Coucil coould
choose to disagree with one or more of the recommendations but
would need good reasions to disagree. however there were no
recommendations proposed that the council considered should be
opposed. as such there are no alternative options.
Wards Affected: Stone & Waddesdon;
Details of any conflict of interest declared: unawatre of any conflicts of interest - none were declared
Contact: Chris Schmidt-Reid Email: chris.schmidt-reid@buckinghamshire.gov.uk.
Publication date: 16/05/2022
Date of decision: 13/05/2022
Accompanying Documents: