URL: https://democracy.breckland.gov.uk/ieDecisionDetails.aspx?ID=2595

Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: To adopt "make" the Yaxham Neighbourhood Plan Review as part of the Statutory Development Plan for Breckland and update the Breckland District Policies Map with the relevant policies.

Content: To adopt "make" the Yaxham Neighbourhood Plan Review as part of the Statutory Development Plan for Breckland and update the Breckland District Policies Map with the relevant policies. RESOLVED that:   1)    the Yaxham Neighbourhood Plan Review, as written at the time of the Referendum, is “made” as part of the Statutory Development Plan for Breckland Council, as required by paragraph (4)(a) of section 38A of the 2004 Planning and Compulsory Purchase Act (Option1) be confirmed.   2)    this decision be published as required by paragraph (9) of section 38A 2004 Planning and Compulsory Purchase Act.   3)    Yaxham Parish Council and any other prescribed persons be advised of this decision to meet the requirements of paragraph (10) of section 38A of the 2004 Planning and Compulsory Purchase Act; and   Recommend to Full Council to amend the Breckland District Policies Map to meet the requirements of paragraph 9 Town and Country (Local Planning) (England) Regulations 2012. It is recommended that members endorse Option 1 as there was a positive vote 95% in favour for ‘making’ the Yaxham Neighbourhood Plan Review through a Referendum following an independent examination and there is considered to be compliance with European obligations and Human Rights conventions.   The main benefit to “making” or agreeing the Yaxham Neighbourhood Plan Review is that it is the final stage in the production of the Plan and will confirm that it forms part of the statutory “Development Plan”, thereby continue to allow the policies to be used in the determination of planning applications in the Neighbourhood Area.   1)    Cabinet agrees to “make” the Yaxham Neighbourhood Plan Review and is therefore “adopted” as part of the statutory Development Plan for Breckland Council, as required by paragraph (4)(a) of section 38A of the Planning and Compulsory Purchase Act 2004 as “…more than half of those voting to have voted in favour of the plan …”, and to undertake the required publication, advise the Parish Council and other prescribed persons and subsequently update the District Policies Map.   2)    Council does not make the Yaxham Neighbourhood Plan Review where “…it considers that the Plan would breach or would otherwise be incompatible with any EU obligation or any of the Convention Rights (within the meaning of the Human Rights Act 1998).”  

Date of Decision: May 11, 2026