Decision details

Cabinet had before it a report * from the Director of Place about the Silverton Neighbourhood Plan. It had been examined by an independent Examiner and the Council had received the final examiner’s report on the 2^nd November 2023. 

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to following:

·         Silverton Parish Council has been preparing a Neighbourhood Plan following the designation of the neighbourhood area in July 2014. 

·         The neighbourhood area covers the parish of Silverton. The preparation of the neighbourhood plan has included consultation on a pre-submission draft plan in 2021 and two consultations on a regulation 16 publication plan in 2023.

·         The Neighbourhood Plan has since been examined by an independent Examiner and the Council received the final Examiner’s report on 2^nd November this year.

·         There is now a need for the Council to consider the Examiner’s recommended modifications and reach a decision whether the Silverton Neighbourhood Plan with the Examiner’s recommended modifications be agreed, and that the plan proceeds to a local referendum. This forms the basis for the recommendations that are before the Cabinet.

·         Following the decision of Cabinet a Decision Statement will be published and a local referendum will be arranged in accordance with the relevant regulation requirements.

·         If the Neighbourhood Plan referendum is successful a report seeking the adoption of the neighbourhood plan will need to go to 2nd of April Cabinet and Full Council on the 24th of April.

·         The Planning Policy Advisory Group was consulted on the decision on the Examiner’s report for the Silverton Neighbourhood Plan at its meeting on 20^th November 2023, and has endorsed the recommendations in this report.

The Cabinet Member for Environment and Services, Ward Member for Silverton outlined the following:

·         A community led project, the process was started by a former councillor and was ready for a referendum.

·         A team of volunteers had pulled together and held a parish wide consultation at the heart of the process. He thanked them for their work.

·         The community had worked together to ensure a successful and adaptable future.

RESOLVED that:

1.    The Examiner’s modifications (Table 2) be agreed, and that subject to these modifications the Silverton Neighbourhood Plan is determined to meet the Basic Conditions (as defined in the Town and Country Planning Act 1990 Schedule 4B) and other legislative requirements;

2.    The Decision Statement attached at Appendix 2 be approved; 

3.    The Silverton Neighbourhood Plan (at Appendix 3) subject to the Examiner’s modifications, proceed to a local Referendum based on the boundary of the Silverton Neighbourhood Area.

(Proposed by Cllr S Keable and seconded by Cllr J Wright)

Reason for the Decision:

The referendum is a statutory requirement, and will be subject to The Neighbourhood Planning (Referendums) Regulations 2012. Changes made to section 38 of the Planning and Compulsory Purchase Act 2004 (through provision 3 of the Neighbourhood Planning Act 2017) mean a neighbourhood plan attains the same legal status as a local plan (and other documents that form part of the statutory development plan) once it has been approved at a referendum, rather than when it is made (adopted) by the relevant authority. At this point it comes into force as part of the statutory development plan. Applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. Policies of the Silverton Neighbourhood Plan will be used alongside policies in the adopted Mid Devon Local Plan, the Devon Minerals and Waste Plans, to help guide planning applications submitted to the Council for determination and the decisions made on these in the Silverton Neighbourhood area (Silverton Parish).

Note: * Report previously circulated.