Following receipt of legal advice, the consideration of whether the NP should proceed to referendum is back on the MDC Cabinet Agenda for 2nd September. The Agenda item is here (please note you will need to copy and paste the links into your web browser):
The summary of the lawyer’s advice is on page 9 but is :
“ The challenge to NSP Neighbourhood Plan on the basis that it fails to meet the basic conditions is unwarranted. Such a challenge is baseless and any judicial review challenge based on this will not have any merit. The recommendation of the Examiner remains sound and Members ought to proceed to referendum.
Mindful of the relevant provisions cited above, and what was recommended by the Examining Inspector as set out below, once the Council is satisfied that the basic conditions have been met, it ought to proceed to a referendum ”.
The note concludes that;
“ In summary , the challenge which seeks to suggest that The Plan fails to meet the basic conditions is unfair and unsustainable. The Examining Inspector in her report stated,
“I am satisfied that the North S t Philip Neighbourhood Development Plan subject to the modifications I have recommended, meets the basic conditions and the other statutory requirements outlined earlier in this report. I am therefore pleased to recommend to Mendip District Council that, subject to the modifications proposed in this report, the Norton St Philip Neighbourhood Development Plan can proceed to a referendum.”
This is a sound recommendation and Members should follow it.”
The decision to defer the consideration of the Examiner’s report at last month’s Cabinet was as a result of representations received shortly before the Meeting. These representations were: