Issue - meetings

To agree to ‘make’ (adopt) the Ardleigh Neighbourhood Plan as part of the Council’s statutory development plan and for it to therefore become a material consideration in planning decisions alongside the Tendring District Local Plan. This follows a local referendum in which a clear majority of residents that turned out were in favour of the plan.

That Cabinet -

(a)    notes the result of the referendum held on Thursday 12th September 2024; and

(b)    duly agrees that the Ardleigh Neighbourhood Plan (attached as Appendix 1 to the Portfolio Holder’s report (A.4)) be ‘made’ and that the necessary publicity and notifications are administered in accordance with Section 20 of the Neighbourhood Planning Regulations Town and Country Planning (Local Planning) (England) Regulations 2012.

Cabinet considered a report of the Housing and Planning Portfolio Holder (A.4), which sought its agreement to ‘make’ (adopt) the Ardleigh Neighbourhood Plan as part of the Council’s statutory development plan and for it to therefore become a material consideration in planning decisions alongside the Tendring District Local Plan. This followed a local referendum in which a clear majority of residents that turned out had been in favour of the Plan.

It was reported that Ardleigh Parish Council had prepared a ‘Neighbourhood Plan’ for its area that had passed through all the necessary stages of the plan-making process set out in the Town and Country Planning Act 1990 (“the Act”) and the Neighbourhood Planning (General) Regulations 2012 (as amended) including public consultation, independent examination and a referendum.

In an official referendum held on Thursday 12th September 2024 and administered by Tendring District Council, residents of the Parish of Ardleigh had been asked “Do you want Tendring District Council to use the Neighbourhood Plan for the Parish of Ardleigh to help it decide planning applications in the neighbourhood area?” With an overall turnout of 13%, 257 residents had voted ‘YES’ and 40 residents had voted ‘NO’ – a vote of 86.5% in favour of the plan.

Cabinet was informed that if the majority of those who voted in a referendum were in favour of the Neighbourhood Plan, it must be ‘made’ (adopted) by the Local Planning Authority within 8 weeks of the referendum. An Order must be made by the local authority before it had effect. Decisions in relation to the making of Neighbourhood Plans were an executive function and it therefore fell to the Cabinet to confirm the making or adoption of the Neighbourhood Plan. It would then become part of the ‘Development Plan’ and would be a material consideration, alongside the District Council’s Local Plan, in the determination of planning applications and in making other planning decisions.

In order to comply with the Neighbourhood Planning Regulations Town and Country Planning (Local Planning) (England) Regulations 2012 – ensuring that the Council, as Local Planning Authority, had made (adopted) the Neighbourhood Plan within 8 weeks of the successful referendum held on 12 September 2024:-

It was moved by Councillor Baker, seconded by Councillor Scott and:-

RESOLVED that Cabinet -

(a)    notes the result of the referendum held on Thursday 12th September 2024; and

(b)    duly agrees that the Ardleigh Neighbourhood Plan (attached as Appendix 1 to the Portfolio Holder’s report (A.4)) be ‘made’ and that the necessary publicity and notifications are administered in accordance with Section 20 of the Neighbourhood Planning Regulations Town and Country Planning (Local Planning) (England) Regulations 2012.