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:
Following the examination of The Ivers’
Neighbourhood Plan, the council has to consider each of the
modifications to the Plan which have been proposed by the Examiner
in the Examiner’s report and make the the decision that the
plan can proceed to referendum and the area for the
referendum.
Reasons for the decision:
4.1. 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, in agreement with The Ivers Town Council, has decided to
accept the Examiner’s modifications to the Neighbourhood Plan
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 Neighbourhood
Area which is the same area as The Ivers Parish.
Alternative options considered:
The Council is legally required to consider
the recommendations within a neighbourhood plan examiner’s
report and come to a decision on each recommendation. it could
choose to disagree one of the examiners recommendations but not
without good reason. if there is no disagreement then the council
had to allow the neighbourhood plan to proceed to referendum there
are no other alternative options.
Wards Affected: Iver;
Details of any conflict of interest declared: not aware of any conflicts of interest
Contact: Chris Schmidt-Reid Email: chris.schmidt-reid@buckinghamshire.gov.uk.
Publication date: 08/11/2022
Date of decision: 31/10/2022
Accompanying Documents:
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