The Cabinet considered the report of the Chief Planning Officer which provided details of proposals to adopt the Lydiate and Maghull Neighbourhood Plans part of the statutory Development Plan for Sefton as required by the Town and Country Planning Act 1990 and the Localism Act 2011, to enable the plans to be used to determine planning applications in Lydiate and Maghull Parishes in addition to the Local Plan.
Neighbourhood Plans can be prepared by the local community to guide development in their local area. Once they have been submitted to the Council, the Local Planning Authority has a legal duty to arrange an independent examination of the submitted Plan to make sure it meets the ‘basic conditions’ and determine whether it can go to referendum.
Following examination, the respective Examiners have recommended that both the Lydiate and Maghull Neighbourhood Plans can proceed to referendum. These were held on 18December 2018. As a result of the Referendum, the Council is required, in accordance with legislation to formally ‘make’ both the Lydiate and the Maghull Neighbourhood Plans as over 50% of those who voted were in favour of the Plans.
As long as a simple majority of those who vote (50% + 1) in each parish vote in favour of their respective Plans (i.e. agree with the proposals in their respective Plan) being approved, the Council has a legal duty to adopt the Neighbourhood Plans as part of the Development Plan for Sefton.
Decision Made: That
(1) it be noted that the Lydiate and Maghull Neighbourhood Plans were passed at referendum; and
(2) the Council be recommended to adopt Council the Lydiate and Maghull Neighbourhood Plans part of the Development Plan for Sefton.
Reasons for Decision:
The preparation of the Lydiate and Maghull Neighbourhood Plans have followed the statutory procedures set out in The Neighbourhood Planning (General) Regulations 2012 (as amended). The plans have successfully undergone examination, have satisfied the basic conditions and are in conformity with the Sefton Local Plan. Where a Referendum results in a majority ‘yes’ vote, the Local Planning Authority was required to adopt the Neighbourhood Plan within 8 weeks of the referendum decision in accordance with Regulations. This would enable the Council to use the Lydiate and Maghull Neighbourhood Plans to determine planning applications in the respective parishes.
Alternative Options Considered and Rejected:
The Council does not have any option other than to make the plans.