Decision

That North Northamptonshire Council should act upon the conclusions of the Examiner’s Report on the Isham Neighbourhood Plan (the Plan) and that the Plan should proceed to referendum.

Reasons for the decision

The role of North Northamptonshire Council at this stage is to decide what action to take in response to the Examiner’s Report and any other prescribed matters. It is guided by Regulation 18 of the Neighbourhood Plan (general) Regulations 2012 (as amended). This states that before publishing its decision statement the Council must consider the following:

Whether to decline to consider a plan proposal under Paragraph 5 of Schedule 4b to the 1990 Act.

There are no grounds to decline to consider the plan under paragraph 5. There are no previous plan proposal submissions or repeat proposals for this neighbourhood area.

Whether there are reasons to refuse a plan proposal under Paragraph 6 of Schedule 4b for the 1990 Act.

Paragraph 6 says the Authority must consider:

•         whether the qualifying body is authorised to act in relation to the neighbourhood area concerned as a result of section 61f of the 1990 Act.

The qualifying body is Isham Parish Council. They have made the correct application for the designation of their neighbourhood area and are authorised to act. Preparation of the Plan was supported by parish councillors and other volunteers from the local community, which reported to a Steering Group. The examiner is also satisfied that Isham Parish Council is the qualifying body for this neighbourhood area, see Examiner’s Report paragraph 3.

Whether the proposal by Isham Parish Council complies with provision made by or under that section, in this case the Planning and Compulsory Purchase Act 2004, Section 38b (1), which says:

A neighbourhood development plan must specify the period for which it is to have effect.

•         This is set out on the front cover of the Plan and confirms the plan period runs until 2031. This is also confirmed in the foreword to the Submission Plan and the summary of main findings to the Examiner’s Report.

A neighbourhood development plan may not include provision about development that is excluded development.

•         The Plan does not contain any policies relating to excluded development.

A neighbourhood development plan may not relate to more than one neighbourhood area.

•         The Plan does not relate to more than one neighbourhood area and there is no other neighbourhood development plan in place within this neighbourhood area.

What action to take in response to the recommendation of an examiner, made in a report under Paragraph 10 of Schedule 4b to the 1990 Act (considered above), and what modifications, if any, they are to make to the draft plan under paragraph 12(6) of Schedule 4b to the 1990 Act.

Paragraph 12(6) sets out the modifications that the examiner can recommend be made to a neighbourhood plan proposal.

It also states that if the Authority can make modifications to a neighbourhood plan to enable the plan to meet the ‘Basic Conditions’ or for the purposes of correcting errors, then it must make these modifications rather than refuse a plan proposal.

The Authority must consider, under part (d), whether there are any other modifications which are required to ensure the Basic Conditions are met, to ensure the plan is compatible with convention rights, to ensure the requirements of legislation are met, or to correct errors.

•         No other modifications, further to those recommended by the examiner, are necessary.

Whether to extend the area to which the referendum take place

The neighbourhood plan designated area is conterminous with the Isham Parish Council boundary. The Examiner is satisfied that the Plan should proceed to a referendum based on the area formally designated by the former Wellingborough Council as set out in the summary of the main findings section of his report There are no reasons to oppose this recommendation.