Agenda item

The report of the Executive Manager – Communities is attached.

It was RESOLVED that:

a)      all of the Examiner’s recommended modifications to the Upper Broughton Neighbourhood Plan be accepted;

b)      the Upper Broughton Neighbourhood Plan Decision Statement and its publication be approved; and

c)      the holding of a referendum for the Upper Borough Neighbourhood Plan, with the area for the referendum being the Parish of Upper Broughton be approved.

The Portfolio Holder for Housing presented the report of the Executive Manager – Communities providing information on the Upper Broughton Neighbourhood Plan. The documents had been introduced by the Localism Act 2011 and were recognised by the National Planning Policy Framework, with local residents empowered to shape the future of their community. A plan had to be in general conformity with the strategic policies of the local planning authority and if the plan was made part of the Local Development Plan, then planning applications within that area would be determined in accordance with both the Rushcliffe Local Plan and the relevant Neighbourhood Plan. The Plan had been promoted by the Parish Council, publicised, consulted on, examined by an independent Examiner and considered by the Borough Council. If the Plan was approved it would then proceed to a referendum and if more than 50% of those voting voted “yes” then the Borough Council was required to “adopt” the Plan. If the result was “no”, then the Parish Council would have to decide what it wanted to do.

In seconding the recommendation, Councillor Moore commended all those involved for their hard work and referred to the increasing number of local communities who wanted to shape the future vision of their communities, which was encouraging to note.

It was RESOLVED that:

a)      all of the Examiner’s recommended modifications to the Upper Broughton Neighbourhood Plan be accepted;

b)      the Upper Broughton Neighbourhood Plan Decision Statement and its publication be approved; and

c)      the holding of a referendum for the Upper Borough Neighbourhood Plan, with the area for the referendum being the Parish of Upper Broughton be approved.

Reasons for Decision

The Borough Council, as Local Planning Authority, has a statutory duty to assist in the production of Neighbourhood Plans where communities wish to produce them under the Localism Act 2011.

The Upper Broughton Neighbourhood Plan has been produced by Upper Broughton Parish Council, in conjunction with the local community. It was submitted to the Borough Council in March 2019 and contains a number of policies which would form part of the statutory Development Plan and be applied to the determination of planning applications. The Borough Council is required by the Localism Act to assess whether the Plan and its policies meet certain criteria (the ‘Basic Conditions’ and other legal requirements). In order to assist in this process, the Borough Council is required to invite representations on the Plan and appoint an independent Examiner to review whether the Plan meets the Basic Conditions and other legal requirements.

The submitted Plan was publicised and representations were invited from the public and other stakeholders, with the period for representations closing on 7 June 2019. The Plan has been assessed by an independent Examiner and, on 14 October 2019, he published his report which concluded that, subject to the modifications proposed in his report, the Plan should proceed to referendum (see Appendix 1 of the report).

The legislation sets out that the Borough Council must consider each of the recommendations made by the Examiner, including the reasons for them, and decide what action to take in response to each one. The Council must also consider whether other modifications not recommended by the Examiner are necessary in order for the Plan to meet the Basic Conditions and legal requirements. Appendix 2 in the report contains the draft Borough Council’s Decision Statement in respect of each of the Examiner’s recommendations and also whether other modifications are considered necessary.

At Appendix 3 in the report is the final version of the Upper Borough Neighbourhood Plan showing the proposed modifications, which it is considered meets the Basic Conditions and other legal requirements. The Plan is now in a position to be put to referendum in Upper Broughton Parish to determine if local people support it.