Decision
URL: https://democratic.trafford.gov.uk/ieDecisionDetails.aspx?ID=1480
Decision Maker: Executive Member for Economy and Regeneration
Outcome:
Is Key Decision?: Yes
Is Callable In?: Yes
Purpose: The report provides a summary of the Examiner’s report and proposed modifications to the Warburton Neighbourhood Development Plan (WNDP). The report seeks approval of the Examiner’s modifications to ensure that the WNDP meets the Basic Conditions, which a draft neighbourhood plan must meet if it is to proceed to referendum. The report also seeks approval for the WNDP to proceed to referendum and for the proposed area in which the referendum is to take place.
Content: The report provides a summary of the Examiner’s report and proposed modifications to the Warburton Neighbourhood Development Plan (WNDP). The report seeks approval of the Examiner’s modifications to ensure that the WNDP meets the Basic Conditions, which a draft neighbourhood plan must meet if it is to proceed to referendum. The report also seeks approval for the WNDP to proceed to referendum and for the proposed area in which the referendum is to take place. 1. That each of the proposed modifications to the WNDP contained within the Examiner’s report (Appendix 2), be approved. 2. That the WNDP should proceed to referendum and that the Director of Growth and Regulatory Services, in consultation with the Director of Legal and Governance, be delegated authority to carry out any action required to enable the WNDP to proceed to referendum. 3. That the referendum boundary, as recommended by the Examiner (detailed in Appendix 1), be approved. 4. That the Corporate Director of Place be delegated authority to approve other minor non-material changes (that do not affect the Basic Conditions). 5. That it be noted that if the outcome of the referendum vote supports the WNDP, it will go to Full Council to be formally adopted as part of the Development Plan. The Examiner concluded that the WNDP has met the basic conditions and, subject to the policy modifications set out in his report, should proceed to referendum. Therefore, approval is sought to make the proposed modifications (Appendix 2) to the WNDP as set out in the Examiner’s report, to approve the referendum boundary and agree that the WNDP should proceed to referendum under the direction of both the Director of Growth and Regulatory Services and the Director of Legal and Democratic Services. To make a decision to not take the WNDP forward to referendum in accordance with the Examiner’s recommendations would be contrary to the Neighbourhood Planning (General) Regulations 2012 (as amended by) The Neighbourhood Planning (General) (Amendment) Regulations 2015. The Examiner stated that the WNDP has met the basic conditions, subject to modifications, and therefore must proceed to referendum. Not to take the WNDP forward would be contrary to the Examiner’s recommendations and therefore the Regulations under the Town and Country Planning Act 1990 (as amended). Some or all of the Examiner’s recommendations could be rejected/amended, which would result in a delay proceeding to referendum. Because this would be contrary to the Examiner’s recommendations, clear reason(s) for its change(s) to the Modifications would need to be provided. It would also result in a need for a further period of public consultation. Changing the modifications could result in the WNDP not meeting the “basic conditions’” test because the Examiner considered that his modifications were necessary to ensure that the WNDP met this test. None.
Date of Decision: November 25, 2025