Churchill and Blakedown Decision Statement
WYRE FOREST DISTRICT COUNCIL
CHURCHILL AND BLAKEDOWN NEIGHBOURHOOD PLAN – DECISION STATEMENT
26TH JULY 2017
1 Summary
1.1 Following a positive referendum result Wyre Forest District Council is publishing its decision to ‘make’ the Churchill and Blakedown Neighbourhood Plan as part of Wyre Forest District Council’s Development Plan in accordance with Regulation 19 of the Neighbourhood Planning (General) Regulations 2012.
2 Background
2.1 Churchill and Blakedown Parish Council, as the qualifying body, successfully applied for Churchill and Blakedown Parish to be designated as a Neighbourhood Area under the Neighbourhood Planning (General Regulations 2012). The Neighbourhood Area was designated on 2nd April 2013.
2.2 Following the submission of the Churchill and Blakedown Neighbourhood Plan to the District Council, it was publicised and comments were invited from the public and stakeholders. The publication period closed on 1st July 2016.
2.3 Wyre Forest District Council appointed an independent examiner; Ann Skippers BSc (Hons) MRTPI FHEA FRSA, to review whether the Neighbourhood Plan met the basic conditions required by legislation and whether it should proceed to referendum. The Examiner asked for additional work to be undertaken following additional work a further publicity period was held which ended on Wednesday 25th January 2017. The Neighbourhood Plan was then resubmitted to the appointed independent examiner, Ann Skippers BSc (Hons) MRTPI FHEA FRSA.
2.4 The Examiner’s Report concluded that the Neighbourhood Plan met the basic conditions and that subject to the modifications which are set out in the Churchill and Blakedown Neighbourhood Plan Decision Statement of 27th February 2017, the Neighbourhood Plan should proceed to a referendum.
2.5 A referendum was held on Thursday 4th May 2017, 87.8% of those who voted were in favour of the Neighbourhood Plan. Paragraph 38A (4)(a) of the Planning and Compulsory Purchase Act 2004 as amended requires that the Council must make the Neighbourhood Plan if more than half of those voting have voted in favour of the plan. The council are not subject to this duty if the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
3 Decision and Reasons
3.1 With the Examiner’s recommended modifications the Neighbourhood Plan meets the basic conditions set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990, is compatible with EU obligations 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.
3.2 The referendum held on Thursday 4th May 2017 met the requirements of the Localism Act 2011, it was held in the Parish of Churchill and Blakedown and posed the question ‘’Do you want Wyre Forest District Council to use the Neighbourhood Plan for Churchill and Blakedown to help it decide planning applications in the neighbourhood area?’.
3.3 The count took place on Friday 5th May 2017 and greater than 50% of those who voted were in favour of the plan being used to help decide planning applications in the plan area. The results of the referendum were:
|
|
Number voting |
Percentage of votes |
|
Yes |
455 |
87.8%
|
|
No |
63 |
12.2%
|
The turnout was 39.6%.
3.4 The Council has assessed the Neighbourhood Plan including its preparation does not breach, and would not otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).
3.5 In accordance with the Regulations Churchill and Blakedown Neighbourhood Plan is ‘made’ and planning applications in the Parish must be considered against the Churchill and Blakedown Neighbourhood Plan, as well as existing planning policy.
Mike Parker
Director of Economic Prosperity and Place
26th July 2017