Purpose

Alternative
options considered and rejected

 

The
Council can decide not to follow the recommendations of the Examiner, but it
must set out its reasons for doing so. 
The Council has agreed all of the Examiner’s recommendations made within
his report (Appendix A).

 

Consultees

 

The
plan has been subject to a large amount of public consultation as it has been
progressed.

 

Budget
implications

 

On
making a formal decision to progress a neighbourhood plan to referendum, the
Council has previously become eligible for a grant of £20,000.  The grant has been intended to cover the
costs associated with the Council’s input into the production of a
neighbourhood plan including the examination and referendum.  The amount of neighbourhood plan grant
support that is available to local planning authorities for the 2024/25
financial year has not been confirmed yet. However, it is anticipated that the
previous level of grant support provided will continue. A grant of £20,000 will
be sufficient to cover the costs associated with the examination and
referendum.

 

Legal
Implications

 

A
legal challenge could theoretically be made against a decision to proceed to
referendum. Such a challenge could be made on the basis that the neighbourhood
plan, as modified, does not meet the basic conditions, is not compatible with
the Convention rights or because it does not comply with the definition of a
neighbourhood development plan. However, the independent Examiner has
considered these matters in light of all of the comments received during the
public consultation and examination period. Given the evidence before them, officers
consider that there is no basis for reaching a different view to the Examiner.

 

Any
conflict of interest

 

None

 

Reference
Documents

 

Appendix
A: Examiner’s Report

Appendix
B: Sturminster Marshall Neighbourhood Plan 2023-2033 – Referendum Version.

Content

(a)  The
Sturminster Marshall Neighbourhood Plan 2023 to 2033, as modified (please see
Appendix B), can proceed to referendum.

 

(b)  A
recommendation to ‘make’ the Sturminster Marshall Neighbourhood Plan 2023 to
2033 be made to a cabinet meeting after the referendum if the result of the
referendum is in support of making the plan and there are no other issues
identified that would go against such a decision.

 

Reason for the decision

To progress the Sturminster Marshall Neighbourhood Plan 2023
to 2033 to referendum so that pending a favourable vote, the plan a be ‘made’.