Decision

Purpose of the report

Neighbourhood planning was introduced through the Localism Act 2011 and gave communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area. Councils have a duty to support and facilitate neighbourhood planning. The Neighbourhood Plan was prepared by the Hoe Neighbourhood Forum and submitted for examination on 10 January 2026, after a period of consultation. The Council received the Examiner’s final report on 03 September 2026 and is now legally required to consider each of the recommendations made by the report and decide what action to take in response to each recommendation. If the Council are satisfied that the Plan, as amended, continues to meet the Basic Conditions then the Plan should go to a public referendum as soon as practicable. The Plan has now been amended by the Hoe Neighbourhood Forum on the recommendation of the Independent Examiner. Officers have reviewed the plan in light of the proposed modifications and conclude that the plan will continue to meet the Basic Conditions when incorporating these modifications.

Decision

Cabinet agreed;

1. They were satisfied that the Hoe Neighbourhood Plan, as modified in accordance with the Examiner's recommendations, met the Basic Conditions and complied with the relevant legal requirements and therefore should proceed to referendum pursuant to Schedule 4B to the Town and Country Planning Act 1990;
   
   
2. To request the Chief Executive in her capacity as the Council’s Counting Officer to deliver the Hoe Neighbourhood Plan Referendum as soon as logistically possible on behalf of the Hoe Neighbourhood Forum.

Reasons for decision

1. To meet the Council's statutory requirements as set out in the Localism Act 2011 and the Neighbourhood Planning (General) Regulations 2012, and to enable the Neighbourhood Plan to be 'made' following the referendum;
   
   
2. To meet the Council's statutory responsibilities under the Neighbourhood Planning (Referendums) Regulations 2012 (as amended) to hold a referendum within a prescribed period, and to deliver an efficient and effective Neighbourhood Plan referendum;
   
   
3. To formally record its thanks to the residents of the Hoe area, the Hoe Neighbourhood Forum and Council officers for their dedication and contribution in bringing the plan to referendum stage.

Alternative options considered and rejected

1. Reject some or all of the modifications of the examiner.

Reason rejected: The Examiner's modification can only be rejected where the Local Planning Authority believes that the Neighbourhood Plan still fails to meet the basic conditions tests (compliance with national/local policy, EU obligations, and human rights issues) and would require further modifications to make it acceptable. Officers and the Forum who have produced the plan have agreed that these circumstances do not apply and that the modifications are therefore acceptable and that the plan is suitable to be the subject of a referendum.

1. Do not approve the neighbourhood plan to go forward to referendum. Reason rejected: A local planning authority may only decide not to submit a neighbourhood plan to referendum where it does not meet the basic conditions or other relevant legal requirements, or if it considers the plan incompatible with EU obligations or human rights. These circumstances do not apply in this case. The independent examiner has recommended that the Plan proceeds to referendum, subject to the recommended modifications, and it is considered that the Plan meets the relevant statutory requirements. Whilst holding a referendum has financial implications for the Council, budgetary pressures do not remove the statutory duty to hold a referendum where the legal requirements have been met. A decision not to proceed on financial grounds alone would therefore be inconsistent with the Council's statutory obligations and could expose the Council to a significant risk of legal challenge, including judicial review.

Declarations of Interest

The following declaration of interest were made in relation to this item.

Name

Minute Number

Reason

Interest

Councillor Penberthy

183

He was a resident in the area of the Hoe Neighbourhood Plan and was a signatory in the establishment of the forum.

Personal