To consider a report on the above Plan.

Prior to consideration of this item and in accordance with Standing Order A24, the Council heard from the following, who had submitted statements in relation to the Brixham Peninsula Neighbourhood Plan:

Mr James Mitchell, on behalf of the Waterside Area Residents’ Association;

Mr Mike Harris of Stride Treglown, on behalf of Abacus Projects Limited;  and

Brixham Town Councillor Jackie Stockman, Chair of Brixham Peninsula Neighbourhood Forum.

The Deputy Mayor and Executive Lead for Planning and Waste responded to the statements that had been put forward advising that the matter was to be considered at this meeting and that the Council’s Monitoring Officer had published a briefing in respect of the legal issues raised on behalf of Abacus Projects.

The Council then received the Brixham Peninsula Neighbourhood Plan, which had been submitted by the Brixham Town Council (prepared by the Brixham Peninsula Neighbourhood Forum as subsidiary of the Town Council), along with the Independent Examiner’s report on the Plan.  It was noted that the Localism Act 2011 enabled communities to become involved directly in planning for their areas and communities were able to produce neighbourhood plans.  Once adopted Neighbourhood Plans formed part of the statutory development plan to inform the determination of planning applications.

In determining the Brixham Peninsula Neighbourhood Plan, Members noted the Independent Examiner had recommended that, subject to modifications, the Plan met the basic conditions required to proceed to a referendum.  It was further noted that Officers had accepted many of the Examiner’s recommendations and made a number of modifications not recommended by the Examiner.  The proposed additional modifications recommended by Officers were considered to better meet legal basic conditions, whilst maintaining the original intent of the community.  The Officers recommendations were set out in the submitted report.

The Chairman advised updated Appendices 2 and 3 had been circulated prior to the meeting, along with a briefing note and revised officer recommendation prepared by the Monitoring Officer.

Councillor Mills proposed and Councillor Haddock seconded a motion as set out below, which was determined by recorded vote and agreed unanimously.  The voting was taken by roll call as follows: For: Elected Mayor Oliver, Councillors Amil, Barnby, Bent, Brooks, Carter, Darling (M), Darling (S), Doggett, Ellery, Excell, Haddock, Hill, Kingscote, Lewis (B), Lewis (C), Long, Manning, Mills, Morey, O’Dwyer, Parrott, Robson, Sanders, Stockman, Stocks, Stubley, Thomas (J), Tolchard and Tyerman (30);  and Absent: Councillors Bye, King, Morris, Pentney, Sykes, Thomas (D) and Winfield (7). 

It is recommended that the Council:

(i)      That the decisions of the Council in respect of the designation of the Neighbourhood Forum for Brixham be rescinded (minutes 93/12/12 and 135/12/17 refer) in recognition that an application in respect of forum status was not required, given that the Town Council is considered to be the ‘relevant body’ in accordance with sections 61F and 61G of the Town and Country Planning Act 1990;

(ii)     Agrees the decision statement in updated Appendix 2 circulated on 14 November 2018 and attached to these minutes, which shall be adopted and published accordingly, and that the Brixham Peninsula Neighbourhood Plan as modified in updated Appendix 3 circulated on 14 November 2018, is submitted to a referendum in accordance with the Neighbourhood Planning (General) Regulations 2012 (as amended) and the Neighbourhood Planning (Referendums) Regulations 2012 (as amended);

(iii)    Delegate to the Assistant Director of Transport and Planning to ensure that the Policy maps are finalised for inclusion in the Plan prior to the referendum, reflecting all modifications set out in the decision statement in updated Appendix 2 circulated on 14 November 2018;  and

(iv)    Accepts the Examiner’s recommendation that it is not necessary to extend the referendum area and that the most appropriate area for the referendum will be that of the Brixham Peninsula Neighbourhood Area.

(Note:  Prior to consideration of Minute 111, Councillor Stockman declared her non-pecuniary interest as Chair of Brixham Peninsula Neighbourhood Forum in her role as a Brixham Town Councillor.)