Decision details

      i.        a public consultation on the submission version of the Bracknell Town Neighbourhood Plan pursuant to Regulation 16 is undertaken.

     ii.        an independent Examiner be appointed to undertake the examination of the Bracknell Town Neighbourhood Plan pursuant to paragraph 7 of Schedule 4B of the Act and Regulation 17.

    iii.        the agreement of the regulation 16 consultation response, the Decision Statement and to submit the plan for examination be delegated to the Leader of the Council.

   iv.        the cost of the examination and referendum not funded by grant is included as a one off item in the Commitment Budget for 2019/20.

1.    The Council has a statutory duty, as set out in paragraph 7 of Schedule 4B of the Town and Country Planning Act 1990 (as amended) (“the Act”) and Regulations 16 and 17 of the Regulations, to consider submitted Neighbourhood Plan proposals, undertake a six week public consultation exercise and to appoint an independent Examiner to undertake the examination of a Neighbourhood Plan.

2.    The decision taken on 26 February 2016 requires forthcoming decisions on the Bracknell Town Neighbourhood Plan to be undertaken by the Executive where the Lead Member has an interest in the Neighbourhood Plan, which is the case in Bracknell Town.  However if forthcoming decisions are taken by the Executive, this may affect the ability of the Council to fulfil its statutory duties within time periods prescribed in the Regulations. 

1.    The alternative option of not undertaking a public consultation exercise and/or appointing an independent Examiner as set out in paragraph 3.1 above, would be in breach of the Council’s statutory responsibilities in respect of Neighbourhood Planning under Regulations 16 and 17 of the Regulations, and paragraph 7 of Schedule 4B of the Act. It would also expose the Council to legal challenge and attendant costs.

2.    The alternative option of the Executive taking the forthcoming decisions could delay the ability of the Council to fulfil its statutory duties within prescribed time periods. It would also expose the Council to legal challenge and attendant costs.

Councillor Turrell expressed an Interest in Agenda item 7 as a Bracknell Town Councillor and chairman of the Local Plan Steering Group.

Councillor McCracken expressed an Interest in Agenda item 7 as a Bracknell Town Councillor and a member of the Local Plan Steering Group.

Councillor Dr Barnard expressed an Interest in Agenda item 7 as a Bracknell Town Councillor.

Councillor Brunel – Walker expressed an Interest in Agenda item 7 as a Bracknell Town Councillor.

Councillor Heydon expressed an Interest in Agenda item 7 as a Bracknell Town Councillor.

Not applicable.