Agenda item

REPORT TITLE           Wells-Next-The-Sea Neighbourhood Plan Making Report

Executive Summary

The purpose of this report is to formally “make” the WellsNext-The-Sea Neighbourhood Plan as part of the statutory Development Plan for North Norfolk. The Plan was subject to independent examination and successful referendum on the 4th of July 2024. The Council has a legal duty to “make” the neighbourhood plan within 8 weeks of the day after the referendum (30^th August 2024) was held unless it considers that doing so would breach European Union Obligations.

Options considered.

1.    Bring the Referendum version of the Wells-NextThe-Sea Neighbourhood Plan into effect as soon as practical and within the 8-week time frame and by no later than 30^th August 2024. This would mean that the neighbourhood plan forms part of the Council’s statutory Development Plan for North Norfolk and will be a material consideration in the determination of planning applications in the designated Wells-Next-The-Sea Neighbourhood Area.

2.    To not bring the 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 was subject to a public referendum on 4^th July 2024 in accordance with Paragraph 12(4) of Schedule 4B to the Town and Country Planning Act 1990.  

Recommendations

1. In order to comply with the statutory timeframe, the Planning Policy & Built Heritage Working Party recommends to the Leader to make a delegated decision on behalf of Cabinet, that having been subject to successful local referendum; 

a.   The Wells-Next-The-Sea 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 and no later than 30th August 2024;

b.  The issuing of the Decision Statement

required under Regulation 19 of the

Neighbourhood Planning (General) Regulations 2012 (as amended) in order to bring it to the attention of the qualifying body, and the people who live, work and or carry out business in the Neighbourhood Area, is delegated to the Director of Planning in conjunction with the Acting Planning Policy Manager.

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 eightweek period following the day after the referendum was held, unless it considers that doing so would breach European Union Obligations. 

The Referendum version of the Wells-Next-The-Sea

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 Neighbourhood Plan, Design Guidance and Codes the examiners report and associate notices can be found at: www.north-norfolk.gov.uk/wellsnp 

Wards affected

Wells-Next-The-Sea

Cabinet member(s)

Cllr Andrew Brown, Portfolio Holder for Planning &

Enforcement

Contact Officer

Neighbourhood Plan lead: 

Iain Withington, Acting Planning Policy Manager 

Iain.withington@north-norfolk.gov.uk