Decision details

Cabinet had before it a report * from the Director of Place and Economy on the Silverton Neighbourhood Plan.

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

·         The Silverton Neighbourhood Plan was subject to a local referendum held on Thursday 29^th February 2024, at which persons eligible to vote in the neighbourhood plan area (Silverton Parish) were asked the following question: “Do you want Mid Devon District Council to use the neighbourhood plan for Silverton to help it decide planning applications in the neighbourhood area?”

·         The result of the referendum was as follows: Number cast in favour of a yes recorded vote 459, number cast in favour of a no recorded vote 37, number of spoilt ballot papers recorded was 11. The total number of votes cast 507

·         Since 90.53 % of voters who voted are in favour of the Silverton Neighbourhood Plan the plan had become part of the statutory development plan for the area. It had attained the same legal status as a local plan (and other documents that form 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 Neighbourhood Plan would be used alongside policies in the adopted Mid Devon Local Plan, and the Devon Minerals and Waste Plans, to help guide planning applications submitted to the Council for determination in the Silverton area and the decisions made on those.

·         The Council must now formally adopt the Plan as soon as reasonably practicable after the referendum was held, and not later than 8 weeks from that date. 

·         The Council may refuse to make the Plan if it considers that making it would be a breach, or would otherwise be incompatible with, any remaining EU obligations or any human rights obligations. Council officers hold the view that the making of the Plan would not breach these obligations (as set out within the Council’s Decision Statement). The Council must decide whether to make, or refuse to make, the Plan.

·         There is no opportunity at this stage to seek to amend the contents of the plan or make further representations to it.

·         The Silverton Neighbourhood Plan was the fourth neighbourhood plan to pass a local referendum and come into force as part of the statutory development plan in Mid Devon, and there are three other Neighbourhood Plans (for Willand, Newton St Cyres and Lapford) that are also currently been prepared by their local communities. The Council encourages local communities to prepare neighbourhood plans that would help them have a greater say in the future planning of their local areas.

RESOLVED that:

That Cabinet RECOMMENDS to Council that:

1.    The Silverton Neighbourhood Plan (Appendix 1) is ‘made’ (adopted) and brought into force as part of the statutory development plan for the Silverton area:

2.    The Silverton Neighbourhood Plan Adoption Decision Statement (Appendix)

3.    Is published to meet the publicity requirements in the Regulations.

(Proposed by Cllr S Keable and seconded by Cllr S Clist)

Note: * Report previously circulated.

Reason for Decision:

There is a need for the Council to ‘make’ (adopt) the Silverton Neighbourhood Plan, following its local referendum, under Section 38A (4) of the Planning and Compulsory Purchase Act 2004 (as amended) and to publish a statement setting out the decision and the reasons for making this decision under the Regulation 19 of the Neighbourhood Planning (General) Regulations 2012.