Decision Maker: Portfolio Holder for Planning
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
The Shavington Neighbourhood Development Plan was submitted to the Council in February 2020 and, following a statutory publicity period, proceeded to independent examination. The Examiner’s report has now been received and recommends that, subject to modifications, the Plan should proceed to referendum.
That the Portfolio Holder:
1 accepts the examiner’s recommendations to make modifications to the Shavington Neighbourhood Plan as set out in the Examiner’s report;
2 confirms that it is the Councils intent to hold a referendum on the Shavington Neighbourhood Development Plan (as amended), within the Shavington Neighbourhood Plan area, at the earliest opportunity available after the current restrictions on polling are lifted; and
3 confirms that the Council will use the Shavington Neighbourhood Plan in planning decisions, giving policies significant weight so far as they are material to planning applications within the Shavington Neighbourhood Area.
The Council is committed to supporting neighbourhood planning in Cheshire East. It has a legal duty to provide advice and assistance on neighbourhood plans, to hold an independent examination on neighbourhood plans submitted to the Council, and to make arrangements for a referendum following a favourable examiner’s report.
Subject to the modifications set out in the examiner’s report, the Shavington Neighbourhood Development Plan is considered to meet the statutory tests, the Basic Conditions and procedural requirements set out in paragraph 8 of Schedule 10 to the Localism Act 2011 and as such it can now proceed to referendum.
Holding a referendum on the Shavington Neighbourhood Development Plan will enable the local community to vote on whether the plan should be used to determine planning applications in the neighbourhood area and bring the plan into statutory effect. The Neighbourhood Plan, as modified, will contribute to the strategic aims set out in the Cheshire East Local Plan Strategy and upon the outcome of a successful referendum result will form part of the Development Plan for Cheshire East. Following the referendum the Council is required to ‘make’ the neighbourhood plan, confirming it’s status within the development plan for the area.
Not to proceed to referendum. The examiner has found that subject to modification, the plan meets the relevant legal, proceedural and planning tests and therefore there is no reason a referendum should not be held.
Publication date: 04/01/2021
Date of decision: 04/01/2021
Effective from: 12/01/2021