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:
That following a referendum result in favour
of the neighbourhood plan the decision is made that the Granborough
Neighbourhood Plan be made part of the Buckinghamshire Development
Plan
Reasons for the decision:
2.1 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.
2.2 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.
2.3 The Granborough 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, it
was recommended to proceed to referendum subject to the examiners
modifications being made to the plan.
2.4 Therefore, on the 8th September 2022, the Granborough
Neighbourhood Plan was put to a referendum of eligible voters
within the parish of Granborough.
Referendum result
2.5. Under the regulations the referendum had to ask the following
question –
Do you want Buckinghamshire Council to use the Neighbourhood Plan
for Granborough to help it decide planning applications in the
neighbourhood area?
Yes or No
2.6. Following the close of the referendum, the votes cast were
counted giving the following result:
Yes – 187 No – 17
This represented a 91% Yes vote from those who turned out to
vote.
2.7. Since more than half of those voting in the referendum voted
‘YES’, the plan became a part of the development plan
on the 9th September and the Council is under a statutory duty to
‘make’ the plan within 8 weeks from the day after the
referendum unless the plan would be in breach of European
legislation or the Convention on Human Rights.
2.8. 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.
2.9. Anyone aggrieved by the conduct of the referendum result can
make a legal challenge to the process within 6 weeks of the
referendum result being announced. If such a legal challenge is
made the Council is not bound to the 8 week deadline for making the
neighbourhood plan. However, the 6 week period has now passed and
so the plan should be made within 8 weeks.
Alternative options considered:
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. as set out above the majority of people
who voted supported the plan and the council does not consider the
plan would breach the relevant legislation. as such there are no
alternative actions allowed by the regulations.
Wards Affected: Winslow;
Details of any conflict of interest declared: not aware of any conflicts of interest
Contact: Steve Bambrick, Corporate Director Planning Growth & Sustainability Email: steve.bambrick@buckinghamshire.gov.uk.
Publication date: 08/11/2022
Date of decision: 31/10/2022
Accompanying Documents: