The Neighbourhood Planning (General) Regulations 2012 (as amended) Regulation 19 and 20: Decision on a Plan Proposal and Publicising a Neighbourhood Development Plan.
1. Summary
1.1
Under the Town and Country Planning Act 1990 (as amended), the City Council has a statutory duty to assist communities in the preparation of Neighbourhood Plans and Orders and to take plans through a process of examination, referendum and adoption. The Localism Act 2011 (Part 6 Chapter 3) sets out the local planning authority's responsibilities under Neighbourhood Planning.
1.2
This report confirms that at a council meeting on 24 October 2024, Brighton & Hove City Council resolved to 'make' the Brighton Marina Neighbourhood Plan 2023 to 2030 in the event of a 'yes' vote for both referendums on 13 February 2025. Both referendums voted 'yes' which means that the Brighton Marina Neighbourhood Plan 2023 to 2030 has been brought into legal force and forms part of the statutory Development Plan for Brighton & Hove. Consequently, decisions in determining planning applications in the Brighton Marina Neighbourhood Area will be made in accordance with the Neighbourhood Plan unless material considerations indicate otherwise.
2. Decision and reasons for the decision
2.1
The Brighton Marina Neighbourhood Plan covers the neighbourhood area which was designated by Brighton & Hove City Council in June 2015. This area is within the ward of Whitehawk and Marina. The Neighbourhood Plan has been prepared by Brighton Marina Forum.
2.2
The Neighbourhood Plan has been subject to independent examination by Mr Derek Stebbing BA (Hons) DipEP MRTPI. The Examiner concluded that subject to a number of recommended modifications the Neighbourhood Plan met the 'Basic Conditions' and necessary legal requirements and could proceed to referendum. On 24 October 2024, the council resolved to accept all of the Examiner's recommended modifications and the Neighbourhood Plan thereby amended was sent forward to 2 referendums.
2.3
Two referendums were held in the Brighton Marina Neighbourhood Area on 13 February 2025, one for residents, and the other for business. The Neighbourhood Plan was supported by 91.5% of the votes cast by residents and 88.9% votes cast by businesses, agreeing that the Neighbourhood Plan should be used by Brighton & Hove City Council to help decide planning applications in the Neighbourhood Area (turnout at the referendums was 23% of residents and 41% of businesses).
2.4
The council is satisfied that the plan, including its preparation, does not breach or is not otherwise incompatible with any retained EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998). This statement confirms that as a result of the council resolution of 24 October 2024, the Brighton Marina Neighbourhood Plan 2023 to 2030 has been 'made' and forms part of the Development Plan for the designated Brighton Marina Neighbourhood Area.
2.5
In accordance with Regulations 19 and 20 of the 2012 Neighbourhood Planning (General) Regulations 2012 (as amended), this Adoption Decision statement and the Brighton Marina Neighbourhood Plan 2023 to 2030 have been made available to view on the council's website. View the Brighton Marina Neighbourhood Plan.
2.6
Hard copy versions of these documents can be inspected on request at Whitehawk Library, Rottingdean Library and Jubilee Library. The council has notified all people who requested to be notified of the making of the plan and where it can be inspected.
Nicola Hurley, Head of Planning.