Agenda and minutes

Cabinet
Tuesday, 10 July 2018 9.00 am

Venue: Meeting Room 1, 135 Eastern Avenue, Milton Park, Milton, OX14 4SB

Contact: Steve Culliford  Democratic Services Officer

Items
No. Item

7.

Minutes pdf icon PDF 101 KB

To adopt and sign as a correct record the minutes of the Cabinet meeting held on 7 June 2018. 

Minutes:

RESOLVED: to approve the minutes of the meeting held on 7 June 2018 as a correct record and agree that the Chairman sign them as such. 

8.

Declaration of disclosable pecuniary interest

To receive any declarations of disclosable pecuniary interests in respect of items on the agenda for this meeting. 

Minutes:

None

9.

Urgent business and chairman's announcements

To receive notification of any matters which the chairman determines should be considered as urgent business and the special circumstances which have made the matters urgent, and to receive any announcements from the chairman. 

Minutes:

None

10.

Public participation

To receive any questions or statements from members of the public that have registered to speak. 

Minutes:

None

11.

Benson Neighbourhood Plan pdf icon PDF 134 KB

To consider the head of planning’s report. 

Minutes:

Cabinet received the head of planning’s report on the Benson Neighbourhood Plan.  The referendum for the plan took place on 28 June 2018, at which residents voted for its adoption. 

 

Councillor Sue Cooper addressed Cabinet, welcoming the making of the neighbourhood plan but asking Cabinet to encourage delivery of a Benson relief road before any new housing development commenced. 

 

The Cabinet member for planning updated Cabinet.  In the ordinary course of events the council would proceed to make the plan part of its development plan.  However, the European Court of Justice made a judgment on 12 April 2018 in a case commonly referred to as the ‘People Over Wind’.  This case might have implications for the neighbourhood plan relating to how the Habitats Regulation Assessment screenings were carried out as part of the plan’s process.  The Habitats Regulation Assessment formed part of the European Union obligations that neighbourhood plans must be in conformity with, or not in breach of, before the plan could be included as part of this council’s development plan when determining planning applications.  Consequently, the council was seeking legal advice.  Pending receipt of this advice, consideration of the neighbourhood plan needed to be deferred.  Cabinet concurred. 

 

RESOLVED: to defer consideration of the making of the Benson Neighbourhood Development Plan as part of this council’s development plan, pending receipt of legal advice on whether the neighbourhood plan is compliant with the European Court of Justice Judgment of 12 April 2018 (known as the People Over Wind judgment) relating to the Habitats Regulation Assessment. 

12.

Watlington Neighbourhood Plan pdf icon PDF 135 KB

To consider the head of planning’s report. 

Minutes:

Cabinet received the head of planning’s report on the Watlington Neighbourhood Plan.  The referendum for the plan took place on 28 June 2018, at which residents voted for its adoption. 

 

Councillor Sue Cooper addressed Cabinet, welcoming the making of the neighbourhood plan but asking Cabinet to encourage delivery of a Watlington relief road before any new housing development commenced. 

 

The Cabinet member for planning updated Cabinet.  Normally the council would proceed to make the plan part of its development plan.  However, the European Court of Justice made a judgment on 12 April 2018 in a case commonly referred to as the ‘People Over Wind’, which might have implications for the neighbourhood plan relating to how the Habitats Regulation Assessment screenings were carried out as part of the plan’s process.  The Habitats Regulation Assessment formed part of the European Union obligations that neighbourhood plans must be in conformity with, or not in breach of, before the plan could be included as part of this council’s development plan when determining planning applications.  Consequently, the council was seeking legal advice.  Cabinet concluded that consideration of the neighbourhood plan should be deferred pending receipt of this legal advice. 

 

RESOLVED: to defer consideration of the making of the Watlington Neighbourhood Development Plan as part of this council’s development plan, pending receipt of legal advice on whether the neighbourhood plan is compliant with the European Court of Justice Judgment of 12 April 2018 (known as the People Over Wind judgment) relating to the Habitats Regulation Assessment. 

13.

Exclusion of the Public

To consider whether to exclude members of the press and public from the meeting for the following item of business under Part 1 of Schedule 12A Section 100A(4) of the Local Government Act 1972 and as amended by the Local Government (Access to Information) (Variation) Order 2006 on the grounds that:

(i)         it involves the likely disclosure of exempt information as defined in paragraph 3, Part 1 of Schedule 12A of the Act, and

(ii)       the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 

Minutes:

RESOLVED: to exclude members of the press and public from the meeting for the following item of business under Part 1 of Schedule 12A Section 100A(4) of the Local Government Act 1972 and as amended by the Local Government (Access to Information) (Variation) Order 2006 on the grounds that:

i.          it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act, and

ii.         the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

 

14.

New office accommodation

To consider the head of corporate services’ report. 

Minutes:

Cabinet agreed a site development option for the redevelopment of the former council office site at Crowmarsh Gifford.