Decision details

Following the examination of the Granborough 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.

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.

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.

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.

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 Neighbourhood Area which is the same area as the 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.

The council is legally required to consider each of the Examiners recommendations. The Council could choose to disagree with one or more of the recommendations but would need good reasons to do so. There were no recommendations proposed that the council considered should be opposed and as such there are no alternative options.