Purpose

The report provides a summary
of the Examiner’s report and proposed modifications to the
Warburton Neighbourhood Development Plan (WNDP).
 
The report seeks approval of
the Examiner’s modifications to ensure that the WNDP meets
the Basic Conditions, which a draft neighbourhood plan must meet if
it is to proceed to referendum.
 
The report also seeks approval
for the WNDP to proceed to referendum and for the proposed area in
which the referendum is to take place.

Decision

1.         
That each of the
proposed modifications to the WNDP contained within the
Examiner’s report (Appendix 2), be approved.

 
2.         
That the WNDP should
proceed to referendum and that the Director of Growth and
Regulatory Services, in consultation with the Director of Legal and
Governance, be delegated authority to carry out any action required
to enable the WNDP to proceed to referendum.
 
3.         
That the referendum
boundary, as recommended by the Examiner (detailed in Appendix 1),
be approved.
 
4.         
That the Corporate
Director of Place be delegated authority
to approve other minor non-material changes (that do not affect the
Basic Conditions).
 
5.         
That it be noted that if the outcome of the referendum vote
supports the WNDP, it will go to Full Council to be formally
adopted as part of the Development Plan.

Reasons for the decision

The Examiner concluded that the
WNDP has met the basic conditions and, subject to the policy
modifications set out in his report, should proceed to referendum.
Therefore, approval is sought to make the proposed modifications
(Appendix 2) to the WNDP as set out in the Examiner’s report,
to approve the referendum boundary and agree that the WNDP should
proceed to referendum under the direction of both the Director of
Growth and Regulatory Services and the Director of Legal and
Democratic Services.
 
To make a
decision to not take the WNDP forward to referendum in
accordance with the Examiner’s recommendations would be
contrary to the Neighbourhood Planning (General) Regulations 2012
(as amended by) The Neighbourhood Planning (General) (Amendment)
Regulations 2015.

Alternative options considered

The Examiner stated that the
WNDP has met the basic conditions, subject to modifications, and
therefore must proceed to referendum. Not to take the WNDP forward
would be contrary to the Examiner’s recommendations and
therefore the Regulations under the Town and Country Planning Act
1990 (as amended).
 
Some or all
of the Examiner’s recommendations could be
rejected/amended, which would result in a delay proceeding to
referendum. Because this would be contrary to the Examiner’s
recommendations, clear reason(s) for its change(s) to the
Modifications would need to be provided. It would also result in a
need for a further period of public consultation. Changing the
modifications could result in the WNDP not meeting the “basic
conditions’” test because the Examiner considered that
his modifications were necessary to ensure that the WNDP met this
test.