Decision details

RESOLVED that the Executive:

       i.         Agrees the formal “making” (keeping in legal force) of the Winkfield

Neighbourhood Development Plan to continue to form part of the

statutory Bracknell Forest Development Plan pursuant to Section 38A(4)

of the Planning and Compulsory Purchase Act 2004 (as amended); and

     ii.         Agrees the form, content and publication of the Decision Statement (set out in Appendix A of the report) pursuant to Regulation 19 of the Neighbourhood Planning (General) Regulations 2012 (as amended).

The Council in its capacity as the Local Planning Authority has a statutory duty, as

set out in Section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as

amended) (“PCPA”), to make a neighbourhood development plan if more than half of

those voting at a referendum have voted in favour of making the neighbourhood

development plan. This must be done within 8 weeks of the referendum (as

prescribed by Regulation 18A of the Neighbourhood Planning (General) Regulations

2012 (as amended) (“the Regulations”)). Regulation 19 requires the Council to then

publish a statement setting out the decision and details of where and when the decision statement may be inspected. This must be done as soon as possible after

deciding to make the neighbourhood development plan.

1.    If the Council considers that the making of the Neighbourhood Plan would breach, or otherwise be incompatible with any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998 (as amended)), it would not have a duty to make the Neighbourhood Plan, as set out in Section 38A(6) of the PCPA. In which case the Neighbourhood Plan would cease to form part of the Development Plan, as set out in Section 38(3B) of the PCPA.

2.    The independent Examiner who reviewed the Neighbourhood Plan considered that, subject to modifications, it met the basic conditions and statutory requirements, including the basic condition that the Neighbourhood Plan is compatible with EU obligations and Convention rights (within the meaning of the Human Rights Act 1998 (as amended)). The Council concurred with the Examiner’s conclusions as set out in the published ‘Post Examination Decision Statement.’ Therefore, it would be in breach of the Council’s statutory responsibilities in respect of Neighbourhood Planning under Section 38A(4) of the PCPA to refuse to make the Neighbourhood Plan. It would also expose the Council to legal challenge and attendant costs.

None