Agenda item

To consider the attached report (C-029-2018/19).

The Planning Services Portfolio Holder introduced the report on the outcome of the Chigwell Neighbourhood Plan Examination.  He reported that the Examiner of the Chigwell Neighbourhood Plan had concluded that as a whole, the plan did not meet the basic conditions required of a Neighbourhood Plan and therefore could not recommend that the plan should proceed to referendum. Having considered each of the Examiner’s recommendations and reasons for them, Officers agreed with the Examiners conclusions.  Whilst the Council could make modifications to the plan to put it forward for referendum these would be critical to the plan purpose and were therefore considered to be the purview of the Parish Council. Therefore, the Council should now refuse the plan proposal.  It should be noted that the Council will continue to advise and assist the Parish Council of Chigwell in producing a revised plan should it seek to do so.

He noted that the council now needed to publicise what was happening and emphasised that officers would work with Chigwell Parish Council if they wanted to continue to produce a compliant plan and help them meet the criteria. He did not want this decision to discourage other parish councils from producing their own neighbourhood plans if they wished to.

It was unfortunate that this had cost our tax payers just over nine thousand pounds; had the Examiner concluded that the plan met the basic conditions we would have been eligible for a government grant to cover this expenditure.

Councillor Mohindra noting the cost to the district council asked if we could set out some terms to reclaim cost for future failed plans. Councillor Philip understood his sentiments but said that the way legislation was framed it was the Council’s responsibility. However, they could make a voluntary contribution but we could not enforce it.

Councillor S Kane asked if the district planning department could provide a nominated contact point to help the parishes. Councillor Philip said that there was support agreement with the Rural Community Council of Essex (RCCE) that delivers support for town and parish councils who were preparing neighbourhood plans. The Council had also had many meetings with them in the production of plans.

Decision:

That:

(1)        the Cabinet noted the Examiner’s recommendation that the Chigwell Neighbourhood Plan did not meet the basic conditions;

(2)        the Cabinet agreed that the plan proposal should be refused and should not proceed to referendum;

(3)        the Cabinet noted that this decision would be publicised as soon as possible; and

(4)        the Cabinet noted that the Council would assist the Parish in the process of producing a revised proposal should it seek to do so.

Reasons for Proposed Decision:

To comply with relevant regulations and in so doing make clear the Council’s position.  The Council considers that the plan does not meet the basic conditions. The magnitude of change to key policies in the plan to enable it to meet the basic conditions is such that the Council considers the Parish Council should reconsider and re-consult on the proposals should it wish to do so.

Other Options for Action:

Under the regulations the Council is able to make changes to the plan proposal, consult on these and put it forward for referendum or send it back for examination.  It could therefore, with the Parish’s agreement, strike out the policies that are of concern to the Examiner and make the additional changes. However, given that the Council on the whole agrees with the conclusions of the Examiner, this is not a recommended course of action; it is considered that a revision of the plan by the Parish Council would be needed followed by all the relevant regulatory stages.