Paragraph: 061 Reference ID: 41-061-20140306 Revision date: 06 03 2014 Who in a referendum? A person is entitled to vote if at the time of the referendum, they meet the eligibility criteria to vote in a local election for the area and if they live in the referendum area. In a business area’ (see ) both residents and non-domestic rate payers get an ‘designated opportunity to vote in referendums on whether the neighbourhood plan or Order should come into legal force (see and ). Paragraph: 062 Reference ID: 41-062-20140306 Revision date: 06 03 2014 What happens in a business area if residents and businesses voting in referendums do not agree? In a designated business area, if a majority of those who have voted in one of the referendums vote in support of making the draft neighbourhood plan or Order and the majority of those who vote in the other referendum do not support the making of the draft plan or Order, the local planning authority must decide whether the neighbourhood plan or Order should be brought into force. A local planning authority is advised to set out its decision-making criteria in this scenario in advance of the referendum taking place. It may for example, wish to consider criteria related to the level of support the neighbourhood plan or Order proposal received at each referendum, the relative size of the electorate or the characteristics of the neighbourhood area. Paragraph: 063 Reference ID: 41-063-20140306 Revision date: 06 03 2014 What does a local planning authority do if the majority of those who vote are in favour of a neighbourhood plan or Order coming into force? If the majority of those who vote in a referendum are in favour of the draft neighbourhood plan or Order (or, where there is also a business referendum, a majority vote in favour of both referendums), then the neighbourhood plan or Order must be made by the local planning authority within 8 weeks of the referendum. A neighbourhood plan comes into force as part of the statutory development plan once it has been approved at referendum. An Order must be made by the local authority before it has effect. The does not where a legal challenge has been brought in relation to the decision to hold a referendum or around the conduct of the referendum. Where there is also a business
Paragraph: 061 Reference ID: 41-061-20140306 Revision date: 06 03 2014 Who in a referendum? A person is entitled to vote if at the time of the referendum, they meet the eligibility criteria to vote in a local election for the area and if they live in the referendum area. In a ‘designated business area’ (see ) both residents and non-domestic rate payers get an opportunity to vote in referendums on whether the neighbourhood plan or Order should come into legal force (see and ). Paragraph: 062 Reference ID: 41-062-20140306 Revision date: 06 03 2014 What happens in a business area if residents and businesses voting in referendums do not agree? In a designated business area, if a majority of those who have voted in one of the referendums vote in support of making the draft neighbourhood plan or Order and the majority of those who vote in the other referendum do not support the making of the draft plan or Order, the local planning authority must decide whether the neighbourhood plan or Order should be brought into force. A local planning authority is advised to set out its decision-making criteria in this scenario in advance of the referendum taking place. It may for example, wish to consider criteria related to the level of support the neighbourhood plan or Order proposal received at each referendum, the relative size of the electorate or the characteristics of the neighbourhood area. Paragraph: 063 Reference ID: 41-063-20140306 Revision date: 06 03 2014 What does a local planning authority do if the majority of those who vote are in favour of a neighbourhood plan or Order coming into force? If the majority of those who vote in a referendum are in favour of the draft neighbourhood plan or Order (or, where there is also a business referendum, a majority vote in favour of both referendums), then the neighbourhood plan or Order must be made by the local planning authority within 8 weeks of the referendum. A neighbourhood plan comes into force as part of the statutory development plan once it has been approved at referendum. An Order must be made by the local authority before it has effect. The does not where a legal challenge has been brought in relation to the decision to hold a referendum or around the conduct of the referendum. Where there is also a business
dclg-neighbourhood-plans.docx