Decision Statement

Summary 

Background

Decisions and reasons

1. Summary

1. Following a positive referendum result Wyre Forest District Council is publishing its decision to ‘make’ the Chaddesley Corbett 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

1. Chaddesley Corbett Parish Council, as the qualifying body, successfully applied for Chaddesley Corbett Parish to be designated as a Neighbourhood Area under the Neighbourhood Planning (General Regulations 2012). The Neighbourhood Area was designated on 14th September 2012.
   
   
2. Following the submission of the Chaddesley Corbett Neighbourhood Plan to the District Council, it was publicised and comments were invited from the public and stakeholders. The publication period closed on 22nd July 2022.
   
   
3. Wyre Forest District Council appointed an independent examiner; Ann Skippers MRTPI, to review whether the Neighbourhood Plan met the basic conditions required by legislation and whether it should proceed to referendum.
   
   
4. The Examiner’s Report concluded that the Neighbourhood Plan met the basic conditions and that subject to the modifications which are proposed in his report and set out in the Chaddesley Corbett Neighbourhood Plan Decision Statement of 23rd November 2022, the Neighbourhood Plan should proceed to a referendum.
   
   
5. A referendum was held on Wednesday 8th February 2023, 78% 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. Decisions and reasons

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.
   
   
2. The referendum held on Wednesday 8th February 2023 the requirements of the Localism Act 2011, it was held in the Parish of Chaddesley Corbett and posed the question ‘’Do you want Wyre Forest District Council to use the Neighbourhood Plan for Chaddesley Corbett to help it decide planning applications in the neighbourhood area?’.
   
   
3. The count took place on Wednesday 8th February 2023 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:
   
   

   Response	Votes	Percentage of total
   Yes	179	78%
   No	49	22%

   Turnout 19.8%
   
   
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).
   
   
5. In accordance with the Regulations Chaddesley Corbett Neighbourhood Plan is ‘made’ and planning applications in the Parish must be considered against the Chaddesley Corbett Neighbourhood Plan, as well as existing planning policy.

Kate Bailey
Head of Strategic Growth
03 April 2023