Details of decision:
In accordance with Regulation 18 of The Neighbourhood Planning (General) Regulations 2012 Somerset West and Taunton Council (SWT), as the Local Planning Authority (LPA), is required to consider the examiners recommendations, and outline what action is to be taken in response under paragraph 10 of Schedule 4a to the Town and Country Planning Act 1990 (as applied by Section 38A of the Planning and Compulsory Purchase Act 2004). SWT is required to set out if the Plan meets the basic conditions and is compatible with European obligations and to progress to referendum.
The Neighbourhood Area of West Monkton and Cheddon Fitzpaine has a Made Neighbourhood Development Plan. The Parish Councils of West Monkton and Cheddon Fitzpaine reviewed that document and submitted a revised Plan to SWT in October 2021. It was subject to consultation under Regulation 16 of The Neighbourhood Planning (General) Regulations 2012. An Independent Examiner was appointed to review The Plan under Regulation 17.
The Plan included modifications that were deemed to be significant or substantial that they change the nature of the original neighbourhood development plan. This required Examination and Referendum.
Having considered the recommendations made in the Examiner’s Report, and the reasons for them, SWT accepts those modifications made to the draft West Monkton and Cheddon Fitzpaine Neighbourhood Development Plan (the Plan) make it legally compliant. The Plan, as amended, meets the Basic Conditions and is compatible with European obligations. The Council has also agreed that the modified Plan should proceed to referendum. See General Information with regard to TCPA and Referendum (appended to this decision).
The West Monkton and Cheddon Fitzpaine Parish Councils are qualifying bodies.
That the modified Plan, as published for the referendum:
The Plan complies with the provision concerning neighbourhood development plans made by or under Sections 38A and 38B of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011):
relates to the development and use of land;
date for the period for which it is to have effect it is clearly indicated;
does not include excluded development;
relates to the designated Neighbourhood Plan Area.
The Plan meets all the Basic Conditions (as set out in Schedule 4B to the Town & Country planning Act 1990):
has regard to national policies and advice contained in guidance issued by
the Secretary of State;
contributes to achieving sustainable development;
is in general conformity with strategic policies in the TDBC development plan;
is compatible with EU Obligations and does not breach European Convention
Rights;
prescribed conditions are met, and prescribed matters have been complied
with;
making of the Plan does not breech Conservation and Habitat Regulations.
On this basis the Plan can progress to referendum and the referendum area should not extend beyond the Neighbourhood Plan Area to which the Plan relates [the Parishes of West Monkton & Cheddon Fitzpaine minus the Staplegrove urban extension].
The question to be asked in the referendum is “Do you want Somerset West and Taunton Council to use the Neighbourhood Plan for West Monkton & Cheddon Fitzpaine to help it decide planning applications in the neighbourhood area?”
Details regarding the compliance of the document are set out in theCompliance with the Basic Conditions and General Information with regard to TCPA and Referendum (appended to this decision)
Reasons for proposed decision:
To comply with the statutory requirements in relation to Neighbourhood Planning.
Having considered the matters raised through the submission consultation, and the Independent Examiners report, the modified Plan is compliant with the legislation and therefore can progress to referendum.
Reasons are set out in the Compliance with the Basic Conditions and General Information with regard to TCPA and Referendum
Details of decision:
In accordance with legal requirements the WM&CF NDPR was submitted for Independent Examination. The Independent Examiner has submitted to Somerset West and Taunton Council (SWT) the report on the WM&CF NDPR, it concludes that:
The WM&CF NDPR includes modifications that are significant or substantial as to change the nature of the original neighbourhood development plan which the
plan would replace. This means a referendum would be required.
The West Monkton and Cheddon Fitzpaine Parish Councils are qualifying bodies.
The WMCF NDPR:
relates to the WM&CF Neighbourhood Plan Area;
date for the period is clearly indicated;
not include excluded development;
relates to the development and use of land;
meets the Basic Conditions.
and that,
On this basis the WM&CF NDP can progress to referendum and the referendum area should not extend beyond the Neighbourhood Plan Area to which the Plan relates [the Parishes of West Monkton & Cheddon Fitzpaine minus the Staplegrove urban extension].
Reasons for proposed decision:
Having considered the matters raised through the submission consultation, the Independent Examiners report, Officer’s recommendation is to accept the Examiner’s report, publish and progress a modified WM&CF NDP to referendum.
Alternative options considered and rejected: Not accepting the Independent Examiners report and publishing reasons and seeking further Independent Examination.