Purpose

To "make" the Swanton Morley Neighbourhood Plan 2016-2036 Review as part of the statutory Development Plan for Breckland and update the Breckland District Policies Map with the relevant policies.

Decision

RESOLVED to:

1. “make” (adopt) the Swanton Morley Neighbourhood Plan 2016-2036 Review, incorporating the examiner's recommended modifications, as part of the statutory Development Plan for Breckland in accordance with paragraph14(3) of Schedule A2 to the Planning and Compulsory Purchase Act 2004.
2. publish the decision document and the made Neighbourhood Plan Review in accordance with Regulations 19 and 20 of the Neighbourhood Planning (General) Regulations 2012 (as amended) be published.
3. advise Swanton Morley Parish Council and any other persons who asked to be notified of the decision and of the making of the Neighbourhood Plan Review.

RECOMMEND to FULL COUNCIL that the Breckland District Policies Map be amended to meet the requirements of Regulation 9 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

Reasons for the decision

It is recommended that members endorse Option 1. The Independent Examiner has recommended that the Swanton Morley Neighbourhood Plan Review be made with the modifications specified in his Report, and the Council is under a legal duty under paragraph 14(3) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 to make the Plan.

By “making” the plan, the Swanton Morley Neighbourhood Plan Review will forms part of the statutory “Development Plan”, thereby continuing to allow the policies to be used in the determination of planning applications in the Neighbourhood Area and provides additional protection for valued green spaces through new Local Green Space designations.

Alternative options considered

There are two options for Cabinet Members to consider:

Option 1 - Cabinet agrees to “make” the Swanton Morley Neighbourhood Plan Review, incorporating the modifications recommended by the Independent Examiner and the amended Modification 22 so that it is “adopted” as part of the statutory Development Plan for Breckland Council, as required by paragraph 14(3) of Schedule A2 to the Planning and Compulsory Purchase Act 2004, and to undertake the required publication, advise the Parish Council and other prescribed persons, and subsequently update the District Policies Map.

Option 2 - Cabinet does not make the Swanton Morley Neighbourhood Plan Review, on the basis that it considers that to do so would breach, or would otherwise be incompatible with, assimilated obligations or any of the Convention rights (within the meaning of the Human Rights Act 1998)