Issue - meetings

Further to minute 759 of 7 April 2015, and following the referendum held on Thursday 25 June 2015, to recommend the Council to make the Loxwood Neighbourhood Plan part of the Development Plan for Chichester District.

RECOMMENDED TO COUNCIL

That the Loxwood Neighbourhood Plan be made part of the Development Plan for Chichester District (excluding the area within the South Downs National Park).

Further to minute 759 of 7 April 2015, the Cabinet considered the report circulated with the agenda (copy attached to the official minutes).

Mrs Taylor introduced the report, explaining that approval was being sought that the Loxwood Neighbourhood Plan be ‘made’ in line with the Neighbourhood Planning Regulations and so became part of the Development Plan for Chichester District excluding the National Park.

The local community and local members had been involved throughout the long process of preparation of the Plan, which had required significant commitment from the Parish Council. On 25 June 2015, the Plan had been subject to a referendum. The regulations required more than 50% of those who voted to be in favour of the Neighbourhood Plan. The turnout had been 38.5% and, of those who voted, 98% were in favour of the Plan.

Throughout the process there had been extensive consultation within the community, enabling residents to express their views as to where the much needed housing should be located and enabling them to express their vision for the future development of their community.

As previously reported to the Cabinet, Judicial Review proceedings had been lodged with the High Court by Crownhall Estates Limited challenging the neighbourhood plan on a number of legal grounds. This ongoing challenge did not preclude the Council from making the Neighbourhood Plan. If the legal challenge was successful the outcome might be to quash the plan, or part of it, and if this were the case a further report would be made to Cabinet.

Nevertheless, the Loxwood Neighbourhood Plan represented localism acting for the benefit of and with the support of the Community.

RECOMMENDED TO COUNCIL

That the Loxwood Neighbourhood Plan be made part of the Development Plan for Chichester District (excluding the area within the South Downs National Park).

Further to minute 648 of 9 September 2014, following the legal proceedings which led to the quashing of the previous decision to hold a referendum on the Loxwood Neighbourhood Plan, this report describes the results of a second examination of the Neighbourhood Plan and a potential further legal challenge. To authorise publication of the Examiner’s Report and Decision Statement in respect of the Loxwood Neighbourhood Plan, to endorse the decision of the Head of Planning Services and to approve the Examiner’s recommendation to proceed to referendum.

RESOLVED

1)          That the Loxwood Neighbourhood Plan Examiner’s recommendation to proceed to Referendum subject to modifications be approved.

2)          That the Decision Statement be approved and published with the Examiner’s Report (Appendix 2).

3)          That, based upon legal advice received so far, the claim be defended and expenditure up to £30,000 be authorised. When it is known whether the judicial review will proceed, a further report detailing likely costs is to be submitted.

REASONS FOR THE DECISION

1)          To ensure that the Loxwood Neighbourhood Plan, with modifications, as recommended by the Examiner, meets the basic conditions as set out in the legislation and that the Neighbourhood Plan should proceed to referendum.

2)          To provide a budget up to £30,000 to defend the application for Judicial Review.

ALTERNATIVE OPTIONS CONSIDERED AND REJECTED

That the Council relies upon the delegated decision to proceed to referendum (see Appendix 1) as being sufficient to defend the possible legal proceedings against the Council (Ground 6).

RECORD OF ANY CONFLICT OF INTEREST AND ANY DISPENSATION GRANTED

There were none.

Further to minute 648 of 9 September 2014, the Cabinet considered the report circulated with the agenda (copy attached to the official minutes). At Mrs Purnell’s request, Mr Frost introduced the report. He reminded the Cabinet of the previous history of the Loxwood Neighbourhood Plan, including the legal challenge, which had led to the quashing of the original decision to hold a referendum.

The draft Neighbourhood Plan had been re-examined and, in her report, the Examiner recommended that the plan should proceed to referendum, as modified by her recommendations. Mr Frost explained that, since the Cabinet report had been written, the expected second legal challenge to the Neighbourhood Plan had been lodged.

Mr Frost explained that the Cabinet was, therefore, being asked to consider afresh the Examiner’s report, including the modifications she recommended, and the text of the Decision Statement set out at Appendix 1, ignoring his signature and date, and to consider the grounds of the legal challenge.

Mr Frost reported that the Examiner had concluded that, subject to making modifications, the Neighbourhood Plan met the basic conditions set out in the Localism Act and Regulations and should proceed to a referendum. He drew attention to the Examiner’s recommended modifications, listed in Table 1 of the draft Decision Statement, which had been considered by Loxwood Parish Council. The modifications were necessary to meet the basic conditions or for clarification, and it was recommended that these should be agreed for the reasons set out in the table.

He also drew attention to, and explained briefly, the potential grounds of legal challenge set out in Appendix 3, and the officers’ comments on them.

He amended the officers’ recommendations, set out in paragraph 2 of the report, and added a further recommendation. (These are reflected in the Cabinet’s resolution set out below.)

The Cabinet considered the report and appendices, in the light of Mr Frost’s introduction.

Cabinet members expressed views that many local people were engaged in the production of neighbourhood plans, and devoted huge amounts of time to this work. The concept of Neighbourhood Plans was one of the few tangible expressions in legislation of localism, giving local communities the right to determine the location and type of housing development in their area (although the Local Plan set the context for the scale of development). It was important that the Cabinet sent a clear message to local communities that their work to create neighbourhood plans that reflected the Local Plan would be supported by the Council.

The Loxwood Neighbourhood Plan had been developed by the local community through a consultative process that offered the opportunity for all land owners and local people to have their say, and community acceptance had been demonstrated. The Examiner had confirmed that, with modifications, the Plan met the basic conditions required by the National Planning Policy Framework. Officers had considered the Plan and the Examiner’s report, and also believed it to meet the basic conditions. In the light of this, the Cabinet agreed that the Draft  ...  view the full minutes text for item 759