Decision Maker: Executive
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
To agree that the Winkfield Neighbourhood Plan
is ‘made’ if the majority of those who vote at the
referendum on the Neighbourhood Plan are in favour of Bracknell
Forest Council using the Neighbourhood Plan to help decide planning
applications in the Winkfield neighbourhood area.
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
Reason Key: Affects more than 1 ward;
Wards Affected: Swinley Forest; Winkfield & Warfield East;
Financial Impact: None
Making Representations: In writing to the Executive Director: Place, Planning and Regeneration
Other reasons / organisations consulted
The ‘making’ of the plan is
subject to a favourable outcome at the referendum.
Consultees
Referendum based on the Winkfield
Neighbourhood Area
Contact: Max Baker, Assistant Director: Planning Email: max.baker@bracknell-forest.gov.uk Tel: 01344 351902.
Report author: Max Baker
Publication date: 12/12/2023
Date of decision: 12/12/2023
Decided at meeting: 12/12/2023 - Executive
Effective from: 21/12/2023
Accompanying Documents: