Decision details
Decision Maker: Service Director Planning & Environment
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
That the North Marston Neighbourhood Plan
meets the Basic conditions subject to the modifications set out in
the Examiners report and therefore should proceed to a
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.
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 North Marston
Neighbourhood Area which is the same area as North Marston
Parish.
The Council is satisfied that subject to those modifications 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.
As a result of the above, the Plan as modified should proceed to
Referendum.
Alternative options considered:
Under the neighbourhood planning regulations
Buckinghamshire Council as the local planning authority is legally
required to consider the recommendations in a neighbourhood plan
examiners report. The Council could choose to disagree with one or
more of the Examiners recommendations but only on good planning
reasons. Given there was no disagreement with the Examiners report
there are no alternative options the council can take.
Wards Affected: Aylesbury North;
Contact: Chris Schmidt-Reid Email: chris.schmidt-reid@buckinghamshire.gov.uk.
Publication date: 24/11/2022
Date of decision: 22/11/2022
Accompanying Documents: