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The Council, as Local Planning Authority (LPA) is required to make a decision on the Examiners’ recommendations. Three Council Reports  Opens in a new window for the Neighbourhood Plans were considered by full Council on Thursday 15 November 2018 and the Council resolved all three Decision Statements shall be adopted and published and that the Plans, as modified to meet the legal basic conditions are submitted to a Referendum. Minutes of the Full Council meeting and Decision Statements have now been published. These documents are also available to inspect below. For details of these Neighbourhood Planning Referendums please visit the Current and forthcoming elections and referendums page. 

Updated (Draft) Minutes of the Extraordinary Meeting of the Council on Thursday 15th November 2018 including Decision Statements for Torquay, Paignton and Brixham Peninsula Neighbourhood Plans.
Published Thursday 22 November 2018

Background

Neighbourhood Plans focus on very local areas, and are produced by communities with Parish and Town Councils (formally designated as a ‘Forum’), with the assistance of the Council. Policies included in neighbourhood plans will need to be related to the use of land in the area, or to spatial matters (i.e. aspects that affect how a place works). When adopted, they will form part of the overall development plan for Torbay and be used to consider all planning applications in that area, in the context of the Local Plan.

In Torbay, there are three neighbourhood forums (Torquay, Paignton and Brixham Peninsula).

Post Examination and Status of Neighbourhood Plans

The Local Planning Authority must have regard in dealing with an application to a post examination draft neighbourhood plan, so far as material to the application. All three Neighbourhood Plans have reached the stage when this legal duty is triggered, although the degree of weight is a matter for the decision taker. The Neighbourhood Plans cannot be accorded full weight of an adopted/made development plan, until they have passed Referendum. The Referendum is expected to be held alongside the local elections on the 2 May 2019.

The Post Examination Plan with Modifications, approved for Referendum are available on the relevant Neighbourhood Plan webpage or the full Council Meeting Agenda items (Appendix 3 or updated Appendix 3).

Neighbourhood Plan Examinations

Independent Examiners were appointed in agreement with the Neighbourhood Forums in the Spring 2018, through the Neighbourhood Planning Independent Examiner Referral Service (NPIERS). NPIERS have produced a guidance document for service users and examiners: Neighbourhood Planning Guidance to service users and examiners.

Mrs. Deborah McCann was appointed for both the Paignton and Brixham Peninsula Neighbourhood Plans. A separate Independent Examiner, Mr. Nigel McGurk was appointed for the Torquay Neighbourhood Plan. The Examinations commenced in April 2018.  All the Examiner's Reports have now been received.

The Independent Examiner, Mr Nigel McGurk issued his Report on the Torquay Neighbourhood Plan (TNP) on Thursday 12th July 2018; a copy of this Report, related Examination documents and the Submitted TNP are available on the Torquay Neighbourhood Plan webpage.  The Independent Examiner, Mrs. Deborah McCann issued her Report on the Paignton Neighbourhood Plan (PNP) on Wednesday 18th July 2018; The Report and related Examination documents and the Submitted PNP are available on the Paignton Neighbourhood Plan webpage. The Report on the Brixham Peninsula Neighbourhood Plan (BPNP) (covering the town of Brixham and the villages of Churston Galmpton and Broadsands) was issued on Thursday 26th July 2018.

Please see the Council's respective Torquay, Paignton and Brixham Peninsula Neighbourhood Plan webpages for further details. Note: The Neighbourhood Forums also have their own websites: http://torquaynp.org/  Opens in a new window , http://www.paigntonneighbourhoodplan.org.uk/  Opens in a new window  and https://brixhampeninsula.com/  Opens in a new window   http://www.brixhamtowncouncil.gov.uk/council.php  Opens in a new window  with details of Forum meetings etc.  Reference Group Meetings are also held between the Brixham Peninsula Forum, Paignton Forum, Torquay Forum, elected Councillors, and Torbay Council Officers. Minutes of these meetings are published on the Brixham Peninsula website.

The Council, as Local Planning Authority (LPA) is required to make a decision on the Examiners’ recommendations with 5 weeks of receiving the Reports unless otherwise agreed with the Forums.  Council Reports  Opens in a new window  for the Neighbourhood Plans were considered by full Council on Thursday 15 November 2018 and the Council agreed that all three Decision Statements shall be adopted and published and that the Plans, as modified to meet the legal basic conditions are submitted to a Referendum. Minutes of the Full Council meeting and Decision Statements have now been published above. Members of the public can inspect these Decision Statements online via the Council’s Connections ‘Customer Kiosk’ terminals in the local libraries in Torquay, Paignton and Brixham. 

Please note that further, late representations were submitted on the Neighbourhood Plans during the Examinations. If you wish to view the representations submitted on each of the Neighbourhood Plans as part of the submission consultation (from Wednesday 1 November 2017 to Monday 18 December 2017) and Examination, please see the Submission Neighbourhood Plans Representations page

Torbay Council has asked Plymouth City Council to provide some resources to help in the running of the Neighbourhood Plan processes.  Mr. Tom Westrope has been appointed as the Independent Examination Programme Officer (email: NPProgrammeOfficer@plymouth.gov.uk) to help administer the Examination process for all three Neighbourhood Plans.