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Agenda item

Authorisation for Neighbourhood Plans to go to Community Referendum

To approve the submission of the ‘Winchcombe and Sudeley Combined Neighbourhood Plan’ and the ‘Highnam Neighbourhood Plan’, both incorporating modifications proposed through independent examination, to a community referendum and to consider delegating this stage of the process to the Executive Committee in the future.

Minutes:

41.1           The report of the Planning Policy Officer, circulated at Pages No. 42-235, asked Members to approve the submission of the ‘Winchcombe and Sudeley Combined Neighbourhood Plan’ and the ‘Highnam Neighbourhood Plan’, both incorporating modifications proposed through independent examination, to a community referendum; and to delegate authority to the Executive Committee to approve the submission of Neighbourhood Plans to community referendum with the Council retaining the final decision to adopt or make a Neighbourhood Development Plan following a successful referendum.  

41.2           The Deputy Chief Executive explained that the concept of Neighbourhood Plans had been introduced in 2012 to enable communities to establish a plan to guide their own area. The Neighbourhood Plans sat within the wider Policy Framework of the Joint Core Strategy (JCS) and the Borough Plan. Tewkesbury Borough was quite active for Neighbourhood Plans with 13 Plans currently being prepared across 18 Parishes. Highnam and Winchcombe & Sudeley Combined were the furthest forward in terms of their development; both had already been considered by an independent examination and the Main Modifications had been agreed by the relevant Parish and Town Councils. Tewkesbury Borough Council now had a duty to support those neighbourhood development areas to put their Plans forward to the public for a local vote. The report explained the tests that the Council was required to follow and both areas had met the criteria which meant that they could go forward to a community referendum. The report also suggested that, in future, the decision to submit a Neighbourhood Plan to a referendum should be delegated to the Executive Committee with the final decision to adopt or make a Neighbourhood Development Plan, following a successful referendum, remaining with the Council.

41.3           Referring to Page No. 95, Paragraph 3.2, a Member questioned whether, given the Borough Solicitor’s advice earlier in the meeting, the Plans were allowed to include the policy wording ‘where six or more homes were proposed, the development must include provision for affordable housing’. In response, the Borough Solicitor reminded Members that the Plans had been through an independent examination so that question could only really be answered when there was case law to follow in that regard. The policy wording may need to be reviewed when such evidence was available but at the current time its inclusion was acceptable. Another Member questioned whether, once the Neighbourhood Plans were adopted, they would have weight in planning terms even if the JCS was not in place and the Borough Plan could not prove a five year land supply. In response, the Borough Solicitor explained that, once the Plans were adopted they would have the weight that this afforded. A Member indicated his support for the recommendation but asked that the Plans be taken into account by Planning Officers when applications were put before the Planning Committee as it seemed that sometimes the two did not line up.

41.4           A Member expressed his thanks on behalf of the Council to the teams that had worked hard in putting the Neighbourhood Plans together. He advised that they were all volunteers within the Parishes and he felt that this was admirable. Accordingly, it was

                  RESOLVED          1. That the ‘Winchcombe and Sudeley Combined                                                         Neighbourhood Plan’ and the ‘Highnam Neighbourhood                                          Plan’, both incorporating modifications proposed through                                independent examination, be submitted to community                                                referendum.

 2. That authority be delegated to the Executive Committee to approve the submission of Neighbourhood Plans to community referendum with the Council retaining the final decision to adopt or make a Neighbourhood Development Plan following a successful referendum.

Supporting documents: