Agenda item

The Localism Act 2011 introduced new powers for community groups to prepare neighbourhood development plans for their local areas. The Highgate Neighbourhood Forum (‘the Forum’) was designated by the Council in December 2012 and it has since undertaken the preparation of a plan for the Highgate Neighbourhood Area (‘the neighbourhood area’), which includes parts of Haringey and Camden boroughs.

A draft version of the Highgate Neighbourhood Plan (‘the Plan’) and supporting documents were submitted by the Forum to the Council in September 2016 and then publicised for a statutory public consultation, following which the Plan was subject to an independent examination. The Examiner’s Report was issued in February 2017.The report concluded that the Plan, subject to modifications recommended by the examiner, meets the basic conditions set out in legislation and other legal requirements and should proceed to a local referendum.

In line with statutory requirements the Council published a ‘decision statement’ following a resolution of Cabinet on 11^th April 2017. This set out the examiner’s recommendations on the Plan and the Council’s response to these. The decision statement stated that the Council agreed with the examiner’s recommendations including that the Highgate Neighbourhood Plan, as modified, should proceed to referendum.   

A local referendum on the Plan was held on 6^th July 2017 with electors voting on the following question: “Do you want the London Boroughs of Haringey and Camden to use the Neighbourhood Plan for Highgate, to help them decide planning applications in the neighbourhood area?”. The results of the referendum were:

Following the referendum and in the event of a “yes” vote the Plan must be made (i.e. adopted), subject to legal challenge, within 8 weeks starting from the day immediately following the last referendum date, unless the local planning authority consider that the making of the Plan would breach or be incompatible with any EU obligation or human rights. Officers are satisfied that the Plan meets the relevant statutory requirements. It is therefore incumbent on the Council to proceed to make the Plan within the prescribed timescales.

As agreed at Cabinet on 11^th April 2017, delegated authority is given to the Cabinet Member for Housing, Regeneration and Planning to make the Highgate Neighbourhood Plan where the Plan successfully passes a local referendum.

RESOLVED

That the Cabinet Member for Housing, Regeneration and Planning resolves to make (i.e adopt) the Highgate Neighbourhood Plan, as set out in Appendix A of this report, so that the plan has legal effect as part of Haringey’s statutory development plan.

REASONS FOR THE DECISION

The Council has a duty to support and facilitate the neighbourhood planning process in Haringey as required by the Town and Country Planning Act 1990 (as amended) (‘the Act’). The local authority is required to take decisions at key stages in the process within time limits that apply, as set out in the Neighbourhood Planning (General) Regulations 2012 (as amended) (‘the Regulations’).

Following the referendum in the event of a “yes” vote the Plan must be made (i.e. adopted), subject to legal challenge, within 8 weeks starting from the day immediately following the last referendum date. The Council is only not subject to this duty if the making of the plan would breach, or would otherwise be incompatible with, any EU obligation of any of the Convention rights (within the meaning of the Human Rights Act 1998).

Officers are satisfied that the making of the Highgate Neighbourhood Plan would not breach, nor would otherwise be incompatible with, any EU obligation or any of the Convention rights.

Alternative options considered

As noted above the Council is required to facilitate the neighbourhood planning process and make certain decisions within prescribed time periods, including the decision to make the Plan in the case where it is supported by a majority of votes cast at a local referendum and relevant statutory requirements are satisfied. In light of Paragraphs 4.1-4.3 above, there are no alternative options to be considered at this stage in the plan process and the Council is statutorily required to make the Plan.