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: