Agenda item

Blakeney Neighbourhood Plan

Executive Summary

The purpose of this report is to formally “make” the Blakeney Neighbourhood Plan as part of the statutory Development Plan for North Norfolk. The Plan was subject to independent examination and successful referendum on the 14th September 2023. The Council has a legal duty to “make” the neighbourhood plan within 8 weeks of the day after the referendum (10th November 2023) was held unless it considers that doing so would breach European Union Obligations.

Options considered.

1. Bring the Referendum version of the Blakeney Neighbourhood Plan, into effect as soon as practical and within the 8-week time frame. This would mean that the Blakeney NP forms part of the Council’s statutory Development Plan for North Norfolk and be a material consideration in the determination of planning applications in the identified Blakeney Neighbourhood Plan Area.

2. To not bring the Blakeney Neighbourhood Plan into effect. This would mean that the Neighbourhood Plan would not form part of the Development Plan for North Norfolk and would not become a material consideration in the determination of planning applications.

Consultation(s)

Earlier iterations of the Neighbourhood Plan have undergone public consultation under Regulation 14 and 16 of the Neighbourhood Planning (General) Regulations 2012 (as amended). The submitted version of the neighbourhood plan has undergone independent examination and the final modified version has been subject to a public referendum in accordance with Paragraph 12(4) of Schedule 4B to the Town and Country Planning Act 1990 on the 14th September 2023.

Recommendations

1. Members of the Planning Policy & Built Heritage Working Party recommend to Cabinet that having been subject to successful local referendum;

a. The Blakeney Neighbourhood Plan be made (brought into force) as part of the statutory Development Plan for North Norfolk in accordance with section 38A(4) of the Planning and Compulsory Purchase Act 2004 (as amended) as soon as practical and within the 8 week statutory time frame;

b. The issuing of the Decision Statement required under Regulation 19 of the Neighbourhood Planning (General)

Regulations 2012 (as amended) in order to bring to the attention of the qualifying body, the people who live, work and or carry out business in the Neighbourhood Plan Area is delegated to the Assistant Director of Planning in conjunction with the Planning Policy Team Leader;

2. Acknowledge that the required consequential amendments to the adopted policies map and the required minor consequential changes to the referendum version of the neighbourhood plan through delegated powers to the Planning Policy Team Leader.

Reasons for recommendations

All Neighbourhood Development Plans are required to gain a majority of those voting in favour (50% plus) at a local referendum in order to proceed and be considered for adoption by the Local Planning Authority. If the Plan receives a positive result, then the local planning authority has a legal duty to bring the plan into force within an eight-week period following the day after the referendum was held, unless it considers that doing so would breach European Union Obligations.

The Blakeney Neighbourhood Development Plan is considered to meet the basic conditions set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990 (as amended) and be compatible with EU obligations as incorporated into UK law and the Convention rights and complies with relevant provision made by or under Section 38A and B of the Planning and Compulsory Purchase Act 2004 (as amended).

Background papers

Further supporting evidence, The Referendum version of the Blakeney Neighbourhood Plan, the examiners report and associate notices can be found for reference at Home | Blakeney Neighbourhood Plan (north-norfolk.gov.uk)

Wards affected

Blakeney

Cabinet member(s)

Cllr Andrew Brown, Portfolio holder for Planning

Contact Officer

Neighbourhood Plan Lead: - Iain Withington, Planning

Links to key documents:

Corporate Plan:

Developing our communities

Medium Term Financial Strategy (MTFS)

N/A

Council Policies & Strategies

Adopted and emerging Local Plan/ Development Plan

Corporate Governance:

Is this a key decision?

No

Has the public interest test been applied

No

Details of any previous decision(s) on this matter

N/A