Formby and Little Altcar Neighbourhood Plan - Referendum
Decision Maker: Cabinet Member - Planning and Building Control
Decision status: Awaiting Implementation
Is Key decision?: No
Is subject to call in?: Yes
Following the submission of the Formby and Little Altcar Neighbourhood Plan the Examiner’s report has been received. He has recommended that, subject to modification the Neighbourhood Plan can proceed to referendum to determine whether it should be ‘made’ (adopted).
The decision to hold the referendum has to be made by the Local Planning Authority (LPA). The Council’s constitution does not set out who makes this decision on the LPA’s behalf. The Council’s Chief Legal and Democratic Officer has confirmed that this decision should be made by the Cabinet Member: Planning and Building Control.
When the referendum is held (which has to take place between 28 and 56 days from the decision to proceed being taken), assuming that a majority vote in favour of the Neighbourhood Plan, the decision to ‘make’ the Plan will come back to Cabinet and Council.
The Cabinet Member: Planning and Building Control agrees that:
(1) the Modifications to the submitted Neighbourhood Plan proposed by the Examiner are approved; and
(2) the Formby and Little Altcar Neighbourhood Plan should proceed to referendum.
Reasons for the Decision:
The independent Examiner who examined the Formby and Little Altcar Neighbourhood Plan has recommended that it should proceed to referendum subject to a number of modifications. His report is, in effect, a binding report. Consequently, the Council does not have any option other than to agree to the referendum taking place.
Alternative Options Considered and Rejected:
As set out in the various Neighbourhood Planning Regulations, the referendum is part of the legal process for a community (Neighbourhood Forum or Town or Parish Council) to make a Neighbourhood Plan for its area, Sefton Council does not have any option other than to agree to hold the referendum.
Publication date: 09/09/2019
Date of decision: 09/09/2019
Effective from: 18/09/2019