Issue - meetings

At its meeting held on 14 August 2018, Cabinet considered the head of planning’s report on the Benson Neighbourhood Development Plan. A copy of the report considered by Cabinet is attached. 

RECOMMENDATION to:

(a)      make the Benson Neighbourhood Development Plan so that it continues to be part of the council’s development plan; and

(b)      authorise the head of planning, in agreement with the Qualifying Body, to correct any spelling, grammatical, typographical or factual errors in the Benson Neighbourhood Development Plan, together with any improvements from a presentational perspective. 

Council considered the recommendations of Cabinet, made at its meeting on 14 August 2018, on making the Benson Neighbourhood Development Plan part of the development plan for South Oxfordshire.

Councillors congratulated local residents who had been involved in the development of the plan.

RESOLVED to:

1.    make the Benson Neighbourhood Development Plan so that it continues to be part of the council’s development plan; and

2.    authorise the head of planning, in agreement with the Qualifying Body, to correct any spelling, grammatical, typographical or factual errors in the Benson Neighbourhood Development Plan, together with any improvements from a presentational perspective. 

To consider the head of planning’s report. 

Cabinet consider the head of planning’s report on the Benson Neighbourhood Development Plan.  The report sought Cabinet’s recommendation to Council to make the plan part of the council’s development plan.

The council’s options were limited by statute.  It had a duty to make the neighbourhood plan part of the development plan unless 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).  Officers reported that the neighbourhood plan was compatible with the current EU obligations and complied with the Habitats Regulation Assessment. 

The referendum, held on 28 June 2018, had resulted in 93 per cent support for the neighbourhood plan.  Therefore, the Cabinet member for planning recommended that Cabinet supported a recommendation to Council to make the neighbourhood plan part of this council’s development plan.  Cabinet supported the recommendation. 

RECOMMENDED to Council on 23 August 2018 to:

(a)      Make the Benson Neighbourhood Development Plan so that it continues to be part of the council’s development plan; and

(b)      Authorise the head of planning, in agreement with the Qualifying Body, to correct any spelling, grammatical, typographical or factual errors in the Benson Neighbourhood Development Plan, together with any improvements from a presentational perspective. 

To consider the head of planning’s report. 

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.