Published on February 26, 2014
Working with Planning: neighbourhoods, plans and community rights Mick Downs Urban Vision Enterprise Community Interest Company
1. Overview of Neighbourhood Planning 2. Case study: Middleport Self-Build
OVERVIEW OF NEIGHBOURHOOD PLANNING Localism Act 2011 • Neighbourhood Development Plans - Policy • Neighbourhood Development Orders - Planning Permission • Community Right to Build Orders - Planning Permission
Neighbourhood Planning The Localism Act allows local communities to draw up plans for their own neighbourhoods. QUALIFYING BODIES • Neighbourhood Forums (in non-parished urban areas) • Parish and Town Councils NEIGHBOURHOOD PLANS “…..allow local communities to…… say where they think new houses, businesses and shops should go - and what they should look like.” They will set out a vision for an area and planning policies for the use and development of land. They will be about local rather than strategic issues.
What is a Neighbourhood Development Plan? Economic Environmental Social Development and use of land LOCALISM ACT 2011 A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.
What is the relationship with Local Policy? Regional Spatial Strategy Local Plan Core Strategy Supplementary Documents Area Action Plans Neighbourhood Development Plans } Statutory Development Plan Neighbourhood Plans must be in general conformity with strategic local policy
Scope and Content One policy Comprehensive set of policies Site allocations What difference do you want to make? What in the Local Plan to you want to modify? No point in just repeating what the Local Plan or national policy says.
Where are the Neighbourhood Plans? Over 800 Neighbourhood Areas designated so far
Ne ig h b o u rh o o d P la n Pro c e ss Writin g t h e Pla n Ge tt in g Sta rt e d Policies, proposals, site allocations. Consider sustainability, diversity, equality, delivery. Clarify why a plan is needed. Publicise the intention to pr oduce a plan. Identify and contact key local partners. Dialogue wit h the local planning authority . Produce a project plan with costings. Su b m issio n Submit to LPA. LPA publicises. * Bu ild in g t h e Evid e n ce Ba se Ne ig h b o u rh o o d Are a Determine t he neighbourhood ar ea. Submit neighbourhood ar ea proposal. LPA consults. * LPA approve. Review existing evidence. Ident ify gaps in evidence. Compile new evidence. Analysis o f evidence. In d e p e n d e n t Exa m in a t io n LPA appoint s examiner. Examinat ion takes place. Examiner's Report. Co n su lt a tio n Consultation on plan. * Amend plan. Re fe re n d u m Ne ig h b o u rh o o d Fo ru m Put together prospective neighbourhood forum. Submit forum proposal. LPA consults. * LPA det ermines area. Th e m e s, Aim s, Visio n , O p t io n s Publicise referendum. ** Referendum. Identify key issues and themes. Prioritise issues and themes. Develop key aims. Look at options. Co m m u n ity En g a g e m e n t & In vo lve m e n t Publicity. Engage local partners. Initial community engagement (br oad issues). Provide feedback. Ongoing community engagement (aims, cont ent, detail). LPA m a ke s th e p la n * Minimum time - 6 w eeks ** Minimum time - 25 w orking days
The Basic Conditions • Have appropriate regard to national policy. • Contribute to the achievement of sustainable development. • Be in general conformity with the strategic policies in the development plan for the local area. • Be compatible with EU and human rights obligations Other Legal Requirements •The draft plan is being submitted by a qualifying body (as defined by the Act). •What is being proposed is a NDP (as defined in the Act). •The proposed NDP states the period for which it is to have effect. •Confirmation that the policies do not relate to “excluded development”· •Confirmation that the proposed NDP does not relate to more than one NA. •Confirmation that there are no other NDPs in place within the NA.
NEIGHBOURHOOD DEVELOPMENT ORDERS Particular development, or type of development COMMUNITY RIGHT TO BUILD ORDERS Small scale development Housing, business, shops, community facilities, local power generation, changes of use, etc.
National Planning Policy Framework 183. Parishes and neighbourhood forums can use neighbourhood planning to grant planning permission through Neighbourhood Development Orders and Community Right to Build Orders for specific development which complies with the order. 16. Communities should identify opportunities to use NDOs to enable developments consistent with their neighbourhood plans to proceed
Why use an NDO or CRTBO? To remove planning restrictions so developments can proceed easier and quicker. Community Right to Build will be a benefit to community groups who have a specific development (either new build or conversion of existing buildings) in mind but have been prevented from taking this forward due to the red tape and time consuming processes of the planning system.
Who can use an NDO or CRTBO? NDOs “Qualifying bodies” – i.e. parish and town councils, and neighbourhood forums CRTBOs Qualifying bodies or formally constituted groups of individuals who live or work in the particular area for which the organisation is established, the majority of whom live in the area.
Procedure for making an NDO or CRTBO 1. Produce a map identifying the land to which the Order proposal relates 2. Define the development 3. Pre-submission consultation 4. Consultation statement – who, how, issues, response 5. Archaeology statement (if required) 6. Statement on Basic Conditions 7. Submit Order to local planning authority 8. LPA checks that the Order satisfies the relevant tests 9. Independent examination 10. Referendum
Is an NDO or CRtBO the Best Option? Conventional planning application/appeal Neighbourhood Development Order Neighbourhood Plan Planning context - discussions with LPA HCA support for preparing scheme – preparation, consultation, design Income generated stays in community Need to acquire land, capital, etc.
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