Section 38A(9) of the Planning and Compulsory Purchase Act 2004 (as amended)
Regulations 19 and 20 of the Neighbourhood Planning (General) Regulations 2012 (as amended)
1. Summary
1.1 In line with Regulation 19 of the regulations set out above, North Yorkshire Council have produced this ‘decision statement’ in relation to the Bradleys Both Neighbourhood Development Plan. As the plan has successfully passed the referendum, held on Thursday 27 July 2023, North Yorkshire Council has ‘made’ (brought into legal force) the plan, which now forms part of the statutory development plan up to 2032 for the Bradleys Both designated neighbourhood area (the Bradleys Both Parish).
2. Reason for this decision
2.1 Following an independent examination of written representations, the examiner, Mr Christopher Collison BA (Hons) MBA MRTPI MIED IHBC, concluded in his final report that subject to a number of recommended modifications the Bradleys Both Neighbourhood Development Plan meets the basic conditions set out by law and recommended that the plan should proceed to a referendum. Following meetings of Skipton and Ripon Area Constituency Planning Committee on the 6 June 2023 and the Strategic Planning Committee on the 13 June and in consultation with Councillor Bastiman, Executive Member for Planning on 13 June 2023, Nic Harne Corporate Director of Community Development agreed these recommended modifications and the reasons put forward by the examiner for them, and agreed that the plan could proceed to referendum - see Bradleys Both NDP Regulation 18 Decision Statement.
2.2 A referendum was held on Thursday 27 July 2023 within the Bradleys Both designated area and posed the question:
"Do you want North Yorkshire Council to use the neighbourhood plan for Bradleys Both to help it decide planning applications in the neighbourhood area?"
2.3 Paragraph 38A (4)(a) of the Planning and Compulsory Purchase Act 2004 (as amended) requires that the council must make the plan if more than half of those voting have voted in favour of the plan.
2.4 On the day of the referendum 80.34% voted ‘yes’ and 19.66% voted ‘no’, therefore more than half of those voting voted in favour of the plan.
2.5 Following this outcome, on the 19 September 2023 North Yorkshire Council’s Executive agree to recommend to the Chief Executive that under his emergency powers, he formally makes the Bradleys Both NDP on or before the 22 September 2023 and that this decision statement is approved for publication.
3. Inspection of Regulation 19 decision statement
3.1 A copy of this decision statement is being sent to:
- the qualifying body, namely Bradleys Both Parish Council
- to any person who asked to be notified of the decision
3.2 This decision statement, the made plan and other supporting documents can be inspected
- North Yorkshire Council offices at Belle Vue Square, Broughton Road, Skipton, North Yorkshire, BD23 1FJ. Opening Hours: 9am to 5pm Monday to Thursday, 9am to 4.30pm Friday
- the Bradley webpage on our website
- at Bradley Village Shop
- Bradley Parish Council website
For more information, please contact us.
This decision statement is dated 19 September 2023 (Date of Executive Committee).
The decision to ‘make’/adopt the Bradleys Both Neighbourhood Development Plan was formally made by North Yorkshire Council on 22 September 2023.