A Cambridge City Council website

Cambridge City Council

Council and democracy

Home > Council and Democracy > Decision register

Decisions

Decisions published

05/02/2025 - ****RoD South Newnham Neighbourhood Plan - Making (adopting) the Neighbourhood Plan ref: 5635    Recommendations Approved

1. That the Joint Director of Planning, having consulted with the Executive Councillor for Planning, Building Control and Infrastructure, recommends Council note the results of the referendum on the South Newnham Neighbourhood Plan.
2. That the Joint Director of Planning having consulted with the Executive Councillor for Planning, Building Control and Infrastructure, recommends to Council that it ‘Makes’ (adopts) the South Newnham Neighbourhood Plan as part of the Local development Plan for the area.

Decision Maker: Executive Councillor for Planning, Building Control, and Infrastructure

Decision published: 05/02/2025

Effective from: 05/02/2025

Decision:

Decision taken:

1.    That the Joint Director of Planning, having consulted with the Executive Councillor for Planning, Building Control and Infrastructure, recommends Council note the results of the referendum on the South Newnham Neighbourhood Plan.

2.    That the Joint Director of Planning having consulted with the Executive Councillor for Planning, Building Control and Infrastructure, recommends to Council that it ‘Makes’ (adopts) the South Newnham Neighbourhood Plan as part of the Local development Plan for the area. 

 

Decision of: Stephen Kelly, Joint Director of Planning.

 

Reference: The scheme of delegation was considered and agreed by Cambridge Planning Transport and Scrutiny Committee (PTSC) on 28 September 2023. The scheme of delegation for decisions on any Neighbourhood Plans in Cambridge (as set out in the report to PTSC): takes account of the lessons learnt in South Cambridgeshire; is in accordance with national legislation and regulations; is in accordance with Cambridge City Council’s constitution; and shares the responsibility across the Executive Councillor, the Joint Director of Planning, officers and full Council depending on the nature of the decision being made and taking account of any statutory timescales for decisions where they are imposed.

 

If a Neighbourhood Plan is successful at referendum as a result of the majority of those voting being in favour of the Neighbourhood Plan being used when making decisions on planning applications, then the Neighbourhood Plan must be ‘made’ (adopted) by the local planning authority unless by doing so would breach or otherwise be incompatible with EU or human rights obligations. National regulations set out that the Neighbourhood Plan must be ‘made’ (adopted) within 8 weeks of a successful referendum.

 

As the Neighbourhood Plan will become part of Cambridge City Council’s statutory development plan, it will need to be formally ‘made’ (adopted) by full Council. It was agreed that the decision recommending that full Council ‘makes’ (adopts) the Neighbourhood Plan is delegated to the Joint Director of Planning, in consultation with the Executive Councillor for Planning, Building Control and Infrastructure, given that the Council has limited options other than to make (adopt) the neighbourhood plan following a successful referendum and in light of the prescribed timetable for the making of a Neighbourhood Plan. It is proposed that the ‘making’ (adoption) of the Neighbourhood Plan is carried out by full Council on 24 February 2025.

 

No Neighbourhood Plans in Cambridge have yet been ‘made’ (adopted) by Cambridge City Council so once the decision is taken, South Newnham Neighbourhood Plan will be the first.

 

Date of decision: 31 January 2025.

 

Matter for Decision:

The purpose of this report is to set out the results of the referendum on the South Newnham Neighbourhood Plan and make a recommendation to Council on whether the Neighbourhood Plan should be formally ‘made’ (adopted) by Cambridge City Council.

The draft of the South Newnham Neighbourhood Plan that was submitted to Cambridge City Council met the requirements in legislation. As a result Cambridge City Council publicised the Neighbourhood Plan for more than 6 weeks, invited comments, notified any consultation body referred to in the consultation statement and sent the draft Neighbourhood Plan to independent Examination. Following the Examination, Cambridge City Council determined that the ‘referendum’ version of the South Newnham Neighbourhood Plan was ready for a public referendum (Schedule 4B of the Town and Country Planning Act 1990 (as varied by s38A & 38C of the Town and Country Planning Act)).

 

A ‘referendum’ version of the South Newnham Neighbourhood Plan was prepared taking account of the Examiner’s recommended modifications. The ‘referendum’ version of the plan also included some additional minor modifications to update parts of the plan. On 3 December 2024, the decision was made by the Joint Director of Planning in consultation with the Executive Councillor for Planning, Building Control and Infrastructure to proceed to referendum (with any necessary modifications that an Examiner has recommended that the neighbourhood plan).

A referendum on the ‘making’ (adoption) of the South Newnham Neighbourhood Plan was held on 16 January 2025. Voters were asked “Do you want Cambridge City Council to use the neighbourhood plan to help it decide planning applications in the neighbourhood area?” The results were declared as follows: 

  • Yes votes: 445 (63.5%) 
  • No votes: 254 (36.2%) 
  • Turnout: 37.5%

If a Neighbourhood Plan is successful at referendum as a result of more people voting ‘yes’ than ‘no’, the Neighbourhood Plan becomes part of the development plan for the area (National Planning Practice Guidance, Paragraph: 064, Reference ID: 41-064-20170728), and all planning decisions in the neighbourhood area will be made in accordance with the development plan unless material considerations indicate otherwise. The formal ‘making’ (adoption) of the Neighbourhood Plan does not happen until Cambridge City Council’s full Council are asked to do this at a meeting following the referendum.  

  

The South Newnham Neighbourhood Plan was successful at its referendum as more than half of those that voted were in favour of Cambridge City Council using the Neighbourhood Plan to help it decide planning applications in the neighbourhood area. The Council is therefore required to ‘make’ the Neighbourhood Plan, unless the making of the Neighbourhood Plan would breach or is otherwise incompatible with EU or human rights obligations, which is one of the ‘Basic Conditions’ set out in national planning regulations that all Neighbourhood Plans must meet. 

 

Officers have assessed whether the South Newnham Neighbourhood Plan meets the ‘Basic Condition’ that the Neighbourhood Plan does not breach, and is otherwise compatible with, EU and human rights obligations at various stages during the preparation of the Neighbourhood Plan. Officers consider that the ‘making’ of the South Newnham Neighbourhood Plan does not breach, and is otherwise compatible with, EU and human rights obligations (see Appendix 2).   

 

The ‘made’ (adopted) version of the South Newnham Neighbourhood Plan is included in Appendix 1 of this report. Officers have worked with the South Newnham Neighbourhood Forum to agree minor (non-material) amendments to the referendum version of the Neighbourhood Plan to turn it into the made version of the Neighbourhood Plan. Minor (non-material) amendments can be made to a Neighbourhood Plan at any point (National Planning Practice Guidance, Paragraph: 106 Reference ID: 41-106-20190509 and Paragraph: 084a Reference ID: 41-084a-20180222). These amendments included updates to the wording on the front cover and to Chapter 1 (Introduction and Background) so that it is clear that the Neighbourhood Plan was voted in through referendum and the Plan forms part of the statutory development plan. 

 

Once this decision has been agreed and published, Cambridge City Council’s full Council at their meeting on the 24 February 2025 will be asked to ‘make’ (adopt) the South Newnham Neighbourhood Plan. Once the Neighbourhood Plan is formally ‘made’ (adopted) by full Council, Officers will publish the decision to ‘make’ (adopt) the Neighbourhood Plan and send notifications to the necessary statutory bodies, organisations and others as required by national planning regulations. 

 

Once formally ‘made’ (adopted) the South Newnham Neighbourhood Plan will form part of the “Development Plan” for Cambridge City all planning decisions in the neighbourhood area will need to have regard to it. 

 

a.    Consultation with South Newnham Neighbourhood Forum (the Qualifying Body)

 

Officers, in conjunction with South Newnham Neighbourhood Forum, have reviewed the ‘made’ version of the Neighbourhood Plan; and a review of the Basic Conditions undertaken by Officers have been shared with the South Newnham Neighbourhood Forum.

Officers recognise the hard work that members of the Neighbourhood Forum and other residents of South Newnham have put into preparing the Neighbourhood Plan.

b.    Consultation with the Executive Councillor for Planning, Building Control and Infrastructure.

 

This report, the ‘made’ version of the Neighbourhood Plan, and the Basic Conditions Check undertaken by Officers have been shared with the Executive Councillor for Planning, Building Control and Infrastructure.

Any alternative options considered and rejected:

Where a Neighbourhood Plan is successful at its referendum, Cambridge City Council has limited options in how to respond. National planning legislation requires that the Council ‘makes’ (adopts) the Neighbourhood Plan, unless the making of the Neighbourhood Plan would breach or is otherwise incompatible with EU or human rights obligations. 

Officers have concluded that the South Newnham Neighbourhood Plan would not breach or be otherwise incompatible with EU or human rights obligations, as set out in the Considerations section.

Reason for the decision including any background papers considered:

The ‘made’ (adopted) version of the South Newnham Neighbourhood Plan is included in Appendix 1 of this report that includes minor amendments. 

 

Appendix 2 provides evidence that consider that the ‘making’ of the South Newnham Neighbourhood Plan does not breach, and is otherwise compatible with, EU and human rights obligations (see Appendix 2).   

 

Appendix 1: ‘Made’ version of the South Newnham Neighbourhood Plan 

Document Meeting 25.03.25: South Newnham Neighbourhood Plan - Making (adopting) the Neighbourhood Plan - Cambridge Council

 

Appendix 2: Basic Conditions Check on ‘Made’ version of the South Newnham Neighbourhood Plan 

Document Meeting 25.03.25: South Newnham Neighbourhood Plan - Making (adopting) the Neighbourhood Plan - Cambridge Council

 

Background documents:

·       National Planning Practice Guidance – Neighbourhood Planning  

·       Basic Conditions  

·       Examination 

·       Referendum 

Conflict of interest and dispensation granted by the Chief Executive: None

 

Comments: None.

 

Contact for further information: Lizzie Wood, Principal Planning Policy Officer, Greater Cambridge Shared Planning.

 

Lead officer: Lizzie Wood