What happens Post Referendum? - Public forum - Planning Advisory Service (PAS)
What happens Post Referendum?
Daniel Hudson, modified 7 Years ago.
What happens Post Referendum?
Advocate Posts: 121 Join Date: 25/04/12 Recent PostsWe've just got our first plan through referendum and are in the process of preparing the R19 statement effectively making the plan. It has been relatively straightforward with no significant conflicts but thinking about how the process could pan out...
If a plan is supported by a referendum and the Parish Council don't like it and do not wish it to be adopted (perhaps because they disagree with examiners changes), do they have no choice but to accept it?
Am I right in thinking that the referendum result is effectively binding on all parties - the LPA has no choice but to adopt and the Neighbourhood Planning Body has no choice but to accept and the only redress anyone has is a legal challenge?
Is there any need post referendum for the Parish (as Neighbourhood Planning Body) to adopt the plan formally?
Thinking ahead - in what circumstances does a neighbourhood plan cease to apply? Does it remain until superseded by a new neighbourhood plan? Does anyone have the power to withdraw it? Is it superseded when the Local Plan with which it is supposed to be in conformity is superseded? - or does it just waste away over time gradually losing weight.
Can a community go from having a neighbourhood plan to not having a neighbourhood plan without going through the whole process again?
If this isn't clear, we could have some very old policies hanging around in a few years time.