Issue - meetings

Headcorn Neighbourhood Plan- Examiner's Report and Recommendations

Meeting: 13/06/2017 - Strategic Planning, Sustainability and Transportation Committee (Item 20)

20 Report of the Head of Planning and Development: Headcorn Neighbourhood Plan - Examiner's Report and Recommendations pdf icon PDF 115 KB

Additional documents:

Minutes:

The Project Manager – Local Plan (Spatial Policy) presented this item to the Committee.

 

Dr Rebecca Driver, Councillor Bridget Dungey of Headcorn Parish Council and Councillor John Perry, present as a Visiting Member, addressed the Committee on this item.

 

The Project Manager – Local Plan (Spatial Policy) advised the Committee that the item had originally been scheduled for the Strategic Planning, Sustainability and Transportation Committee in April 2017 and that it had been deferred following late receipt of a letter from legal advisors to Headcorn Parish Council. The Committee were informed that:

 

·  The Council had met with Headcorn Parish Council on numerous occasions since the application for formal designation of a Neighbourhood Area was made on 3 December 2012.

 

·  The independent examiner was testing the submitted Neighbourhood Development Plan against the Basic Conditions tests rather than considering its ‘soundness’ or examining other material considerations.

 

·  Any modifications made to the Headcorn Neighbourhood Plan would be too great and that the direction of the plan did not meet the basic conditions, set out in Paragraph 8 of Schedule 4B to the Town and Country Planning Act 1990 (as amended) [excluding 2b, c, 3 to 5 as required by 38C (5) of the Planning and Compulsory Purchase Act 2004 (as amended)].

 

·  There was strong support for Headcorn Parish Council from its parishioners.

 

The Committee adjourned at 19:11 for ten minutes to enable the Members to read the legal advice.

 

It was noted that the Committee were keen for officers to continue working with Headcorn Parish Council in order to move forward and reach a solution that worked for all parties. The Committee acknowledged the huge amount of effort that had been put in by Headcorn Parish Council.

 

In response to a question the Officer confirmed that the Headcorn Neighbourhood Plan would carry significant weight if it went to a referendum, which would put the Council in a difficult position and could result in a legal challenge to such a decision from other representors.

 

Councillor Willis arrived at 18:49, during consideration of this item.

 

RESOLVED: That the Committee agreed not to move the plan to referendum. However, officers were instructed, in collaboration with the Chairman, Vice Chairman and Ward Members, to continue to work with Headcorn Parish Council to find a way forward with the neighbourhood plan and that further updates on progress be reported back to this Committee.

 

Voting: unanimous