URL: https://scambs.moderngov.co.uk/ieDecisionDetails.aspx?ID=12844

Decision Maker: Joint Director for Planning and Economic Development

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: The purpose of this report is to set out the results of the referendum on the Stapleford and Great Shelford Neighbourhood Plan and make a recommendation to Council on whether the Neighbourhood Plan should be formally made (adopted) by South Cambridgeshire District Council (SCDC).  

Content: The purpose of this report is to set out the results of the referendum on the Stapleford and Great Shelford Neighbourhood Plan and make a recommendation to Council on whether the Neighbourhood Plan should be formally made (adopted) by South Cambridgeshire District Council (SCDC).   That the Joint Director for Planning, having consulted with the Lead Cabinet Member for Planning, recommends that Council: Notes that the referendum for the Stapleford and Great Shelford Neighbourhood Plan took place on 04 September 2025. ‘Makes’ (adopts) the Stapleford and Great Shelford Neighbourhood Plan (appendix 1 to this report) as a part of the statutory “Development Plan” for South Cambridgeshire following the successful referendum.   Where a Neighbourhood Plan is successful at its referendum, 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 Stapleford and Great Shelford Neighbourhood Plan would not breach or be otherwise incompatible with EU or human rights obligations, as set out in the Considerations section.    Where a Neighbourhood Plan is successful at its referendum, SCDC 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 Stapleford and Great Shelford Neighbourhood Plan would not breach or be otherwise incompatible with EU or human rights obligations, as set out in the Considerations section. 1.     In the writing of this report, taking into account financial, legal, staffing, risk management, equality and diversity, climate change, community safety and any other key issues, the following implications have been considered:   2.     Financial and fraud: the costs of the examination and referendum have to be initially met by SCDC. However, the Council can claim a £20,000 government grant per Neighbourhood Plan once the plan has been through the examination and a referendum date has been set. Officers will submit the claim for this government grant during the next claims opportunity.   3.     Legal: where a Neighbourhood Plan has been successful at referendum and should therefore proceed to being formally ‘made’ (adopted) by the Council, the Joint Director for Planning has delegated authority to make the recommendation to Council, in consultation with the Lead Member for Planning (as agreed by Cabinet at its meeting on 26 July 2018). Following a successful referendum, 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. A legal challenge may only be made on the basis of a procedural or other legal flaw in the plan making process.   4.     Staffing: the responsibilities associated with delivering neighbourhood planning are being undertaken within the existing resources of the Planning Policy, Strategy and Economy Team, drawing upon the expertise of other staff as required.   5.     Equality and Diversity: these issues have been considered in the preparation of the Neighbourhood Plan, as to meet the Basic Conditions a Neighbourhood Plan must not breach, and is otherwise compatible with, EU obligations, including Human Rights. Included as part of the Basic Conditions Statement is an Equalities Impact Assessment undertaken by Stapleford and Great Shelford Parish Council to examine the impact of the Neighbourhood Plan in relation to the ‘protected characteristics’ as identified in the Equality Act 2010. The Equalities Impact Assessment concludes that: the NP policies will have no negative impact on persons with protected characteristics and a number of policies in the Neighbourhood Plan may have a range of minor positive benefits for specific protected characteristics; the policies or proposals contained within the Neighbourhood Plan are unlikely to lead to increased inequalities or discrimination in the Plan area and the Neighbourhood Plan does not raise any issues in relation to any of the convention rights in the Human Rights Act 1998. The Examiner agreed with this assessment.   6.     Climate change: these issues have been considered in the preparation of the Neighbourhood Plan. Policy S&GS 7 aims to reduce greenhouse gas emissions and to ensure that new developments address problems, such as flooding, which are likely to occur in the neighbourhood area due to climate change. Policy S&GS 8 supports proposals for small-scale community-led renewable or low carbon energy projects (as long as they respect or enhance the local landscape). These policies are consistent with chapters 9 and 14 of the NPPF 2023. Any development proposals within Stapleford and Great Shelford neighbourhood area will also need to take account of climate change policies in the NPPF and adopted South Cambridgeshire Local Plan 2018.

Date of Decision: September 16, 2025