Decision details

Background / Decision Summary:
Decision
This decision is to ratify the ‘making’ of the Copmanthorpe Neighbourhood Plan and to agree to publish the Decision Statement following the positive outcome of the referendum into the Copmanthorpe Neighbourhood Plan on 27th November 2025.

The Copmanthorpe Neighbourhood Plan now has full weight and will form part of the statutory development plan for the authority’s area, together with the adopted Local Plan (2025), other made neighbourhood plans, and the Joint Minerals and Waste Plan (2022).

Referendum Outcome
The outcome of the referendum was 95.32% in favour of those casting a vote. The turnout for the referendum was 21.85%.

Full results of the Referendum are published via: https://www.york.gov.uk/elections-1/referendums-neighbourhood-planning/2

Background

The Copmanthorpe Neighbourhood Plan has been prepared by the Parish Council of Copmanthorpe and includes locally specific planning policies on issues important to the Parish. The Parish Council have worked collaboratively with the Council during the preparation to ensure it has been prepared in conformity with the Development Plan for the authority.

The plan has been through formal stages of consultation and an independent Examination process in compliance with the statutory Regulations.

The following decisions have been made:
• Cabinet January 2013 – application and boundary approved to make a Neighbourhood Plan
• Executive October 2025 – decision to proceed to Referendum following Examination, which included the following delegation relevant to this Officer Decision:

(iv) Agrees that delegated authority is given to the Director of City
Development to approve and publish a Decision Statement in
accordance with the statutory requirements:
a) should the outcome of the local referendum be in favour of adopting the Neighbourhood Plan, and the Copmanthorpe Neighbourhood Plan can be formally ‘made’.

Further information is available via the dedicated webpage:
https://www.york.gov.uk/planning-policy/copmanthorpe-neighbourhood-plan

Options Considered:
Section 38A(4)(b) of the Planning and Compulsory Purchase Act 2004 requires that a Local Planning Authority must make a neighbourhood plan if more than half of those voting have voted in favour of the plan. The plan must be ‘formally’ made within 8 weeks of the referendum.

There are only limited circumstances where the local planning authority is not required to make the neighbourhood plan. These are where it considers that the making of the plan would breach, or otherwise be incompatible with, any retained EU obligations or any of the Convention rights (within the meaning of the Human Rights Act 1998), in which case the neighbourhood plan would cease to form part of the Development Plan. There is nothing to suggest that this is the case with regard to the Copmanthorpe Neighbourhood Plan and there have been opportunities for these issues to be considered throughout the process during Examination of the Plan. Therefore, if the Council does not ‘make’ the Plan, it will not be fulfilling its statutory obligations and will be vulnerable to legal challenge.

The Council would be failing in its statutory duty if it did not ‘make’ the Copmanthorpe Neighbourhood Plan following a successful Referendum within the required timescale. This option therefore is rejected.