Decision details

That the Executive Member for Planning and Transport agrees the:

i.       form, content and publication of the ‘Decision Statement’ (set out in Appendix A of the report) pursuant to Regulation 18; and

ii.     submission of the modified Winkfield Neighbourhood Plan, including associated Policies Maps (contained in Appendices B of this report) to a local community referendum on the making of the Winkfield Neighbourhood Plan pursuant to paragraph 14 of Schedule 4B of the Town and Country Planning Act 1990 (as amended) (“the Act”) anticipated to be in November 2023); and,

iii.    referendum area be restricted to the neighbourhood area as designated by the Council on 14 July 2023 as the Winkfield Neighbourhood Area.

The Council has a statutory duty, as set out in paragraph 12 of Schedule 4B of the Act and Regulation 18 of the Regulations, to consider the recommendations made by the Examiner and if satisfied that the Neighbourhood Plan meets the basic conditions, to issue a ‘Decision Statement’.  The Council is subsequently required to arrange and hold a referendum on the making of the Neighbourhood Plan in accordance with paragraph 14 of Schedule 4B of the Act.

An alternative option is for the Council to refuse the proposed Neighbourhood Plan if it is not satisfied.  The ‘decision statement’ would need to be issued setting out the reasons for this decision (paragraph 12 of Schedule 4B of the Act and Regulation 18).  The independent Examiner of the Plan has recommended modifications to ensure that the Plan meets the basic conditions.  If the Council concurs with the Examiner’s conclusions, it would be in breach of the Council’s statutory responsibilities in respect of Neighbourhood Planning under paragraph 12 of Schedule 4B of the Act to refuse the Neighbourhood Plan.  It would also expose the Council to the risk of legal challenge and attendant costs.

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