Murton Neighbourhood Plan

 

Final Decision Statement published pursuant to Section 38A (9) and (10) Planning and Compulsory Purchase Act 2004 (as amended) and Regulations 19 and 20 of the Neighbourhood Planning (General) Regulations 2012 (as amended)

 

1. Summary

 

Following a positive referendum result on the 10th July 2025, City of York Council is publicising its decision made on 2nd September 2025, by the Executive to ‘make’ the Murton Neighbourhood Plan part of the City of York Development Plan in accordance with Regulation 19 of the Neighbourhood Planning (General) Regulations 2012.

 

2. Background

 

Murton Parish Council, as the qualifying body, successfully applied for the Parish of Murton to be designated as the Murton Neighbourhood Area under the Neighbourhood Planning (General) Regulations (2012). Following the submission of the Murton Neighbourhood Plan to the Council, the plan was publicised and comments were invited from the public and stakeholders. The consultation period closed on 10th January 2025.

 

3. Decision and Reasoning

 

City of York Council appointed an independent Examiner; Mr Andrew Ashcroft (BA(Hons), MA, DMS, MRTPI), to review whether the Murton Neighbourhood Plan met the basic conditions required by legislation and whether the Neighbourhood Plan should proceed to referendum.

 

The Examiner’s Report concluded that subject to a series of recommended modifications, the Murton Neighbourhood Plan met the necessary basic conditions (as set out in Schedule 4b (8) of the Town and Country Planning Act 1990, as amended by the Localism Act 2011) and subject to these modifications being made it should proceed to referendum.

 

At Local Plan Working Group on 15th April 2025 and Executive on 22nd April 2025, Members accepted the Examiner’s recommendations (in line with the Neighbourhood Plan Regulation 17A(2) Consultation) and agreed that the Murton Neighbourhood Plan as so modified should proceed to referendum.

 

A referendum on the Neighbourhood Plan was held on Thursday 10th July 2025 and 89.16% of those who voted were in favour of the Neighbourhood Plan. Paragraph 38A (4)(a) of the Planning and Compulsory Purchase Act 2004 as amended requires that the Council must ‘make’ the Neighbourhood Plan if more than half of those voting have voted in favour of the plan. City of York Council is not subject to this duty if the making of the Neighbourhood Plan would breach, or would otherwise be incompatible with, any retained EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998).

 

The referendum held on 10th July 2025 met the requirements of the Localism Act 2011; it was held in the Murton Neighbourhood Area and posed the question:

 

Do you want City of York Council to use the Neighbourhood Plan for Murton to help it decide planning applications in the neighbourhood area?

 

The count took place on 10th July 2025 and greater than 50% of those who voted were in favour of the Neighbourhood Plan being used to help decide planning applications in the plan area.

 

The results of the referendum were:

Response

Votes recorded (percentage)

Yes

89.16%

No

10.84%

Turnout

16.31%

 

The Council considers that the Murton Neighbourhood Plan meets the basic conditions (set out in paragraph 8(2) of Schedule 4B of the Town and Country Planning Act 1990 as amended), its promotion process was compliant with legal and procedural requirements and it does not breach the legislation (set out in Section 38A(6) of the Planning and Compulsory Purchase Act 2004).

4. Inspection of Decision Statement and made Neighbourhood Plan

 

This decision statement can be viewed on the City of York Council website: https://www.york.gov.uk/planning-policy/murton-neighbourhood-plan

 

In accordance with Regulation 20 of the Regulations, the made Murton Neighbourhood Plan can be viewed on the Council’s website: https://www.york.gov.uk/planning-policy/murton-neighbourhood-plan

 

A copy of this decision statement is being sent to:-

 

·        The qualifying body, namely Murton Parish Council; and

·        To any person who asked to be notified of the decision.

 

Paper copies of this statement and the made Neighbourhood Plan can also be viewed at:

 

·        York Explore Library, Library Square, York, YO1 7DS;

·        Dunnington Library, The Reading Room, Church Street, Dunnington, York, YO19 5PW;

·        Tang Hall Explore Library, The Centre @ Burnholme, Mossdale Avenue, York, YO31 0HA;

·        Mobile Library;

·        City of York Council Offices, West Office’s Station Rise, York, YO1 6GA (by appointment only. Should you wish to arrange an appointment, you should contact the Forward Planning team directly on 01904 552255);

·        St James Church, Murton Way, Murton, York.

 

For further information on library opening times, please see: https://www.exploreyork.org.uk/libraries/   

 

For further information please contact the Neighbourhood Planning team on neighbourhoodplanning@york.gov.uk  or 01904 552255.

 

Garry Taylor

 

Director of City Development                                      2nd September 2025