Neighbourhood planning

Paul Lavelle

22 October 2012

Neighbourhood Planning
What is new? Real statutory weight? Building on the best of community-led planning Community-led reduced LPA discretion Shaping not stopping development
Localism Act, 2011
Neighbourhood Plans must be in general conformity with the strategic policies of the Local Plan

NPPF, March 2012

Neighbourhood plans and orders should not promote less development than set out in the Local Plan or undermine its strategic policies. (para 184)

The Governments view on progress

Neighbourhood planning works outside of (rural) parishes Timescales are longer than expected: first steps often the hardest LPAs have generally been very supportive Strong focus on: - affordable housing - public realm - town centre regeneration Different types of Plan emerging: - mini Local Plan - policy plans (no site allocations) - policy and allocation plans - single policy document - Neighbourhood Development Orders

Process: timescales
Application for designation of neighbourhood area

Publicising an area application Publicising the designation of a neighbourhood area Application for designation of Neighbourhood Forum Publicising a Forum application Publicising (if applicable) the designation of a Neighbourhood Forum
Drafting NDP outreach, engagement, workshops, evidence gathering, technical reports Screen whether SEA is required and scope with statutory bodies Pre-submission consultation and publicity Produce and consult on SEA Report (if required) Submission of plan proposal Publicising the plan proposal, inviting written representations Appointment of independent examiner Submit plan for examination; forward written representations to independent examiner

min 6 weeks ASAP

min 6 weeks ASAP no time limit 5 weeks min 6 weeks 6 weeks N/A Min 6 weeks No time limit ASAP

Assessment of plan against the basic tests by written representations and/or public hearing if examiner considers it necessary to do so. Production of examiners report. Publication of the examiners report and plan proposal decisions Decision on a plan proposal, including modifications in light of examiners report Organise referendum Publicising adoption of NDP as part of the development plan for the local authority area

no time limit
no time limit no time limit no time limit ASAP

What a Neighbourhood Plan could do

Vision and spatial strategy for the area places/communities that may change, places/communities of little change and how they fit together Clear statements about what is valued locally Policies to improve the existing place or influence new development Influence how investment is used locally Allocate sites and/or uses Specific projects Guidance to help in responding to local context Give information on what local needs and requirements are

Norland Conservation Area draft NDP

1. Define local character, and what should be protected, preserved and enhanced 2. What makes for quality of life in the area 3. Guidance on: control of development streetscape design & mgmt detailed design in the area 4. Where improvements should be made
Make it easy for pedestrians to move freely and safely in Norland Manage new development in such a way as to conserve local character Maintain a mix of uses try to retain small businesses

Maintain its social diversity

Encourage civic pride and local involvement of individuals and organisations

Upper Eden draft NDP

27 parishes 7 policies only 20-page document Draws heavily on Eden Local Plan policies Reasoned justification Intention (objective)

Policy

Thame draft NDP

25 objectives 63 separate policies 84-page draft very detailed! Policies on: Housing Working & shopping Getting around Leisure & well-being Environment & sustainability Place-making & design quality
The vision Thame must: continue to feel compact continue to have a close relationship with the open countryside around it retain its markets continue to act as a centre for the surrounding area not just its own residents remain attractive to its visitors

Thame draft NDP

Thame draft NDP key areas for pedestrian/cycle improvement

Thame NDP site development briefs

Neighbourhood Plan structure

1. Intro how the plan fits in to the planning system, how it is structured 2. A portrait of the place description, maps, photos, consultation results 3. Vision Statement 4. Key Objectives 5. Summary of technical background / issues (map) 6. The Plan - Key diagram(s) Supplementary information: - Policies area-wide / thematic / site specific Statement of conformity - Community actions Summary of evidence 7. Delivery (or a separate Delivery Plan) Statement of community consultation - delivery mechanism and timetable SEA Report (if required) for each policy & action Area map - monitoring of policies

Examiner checks the basic conditions

The Plan must: - Have an appropriate fit with national and local policy - Have special regard for listed buildings and Conservation Areas - Be compatible with EU, equality and human rights obligations - Contribute to sustainable development Submission of the final plan is an opportunity for consultees to provide written representations. Examiner is appointed by the local authority, with the consent of the community. Local authority must consider the examiners report and also satisfy itself that the Plan meets the basic conditions

The big decisions? Finding the right balance

Making existing policy and processes work OR setting new directions Dealing with everything, everywhere OR being selective / strategic (Balancing time/resources you have with the most important things to address) Aspiration versus pragmatism (whats likely to be implemented?) Issues you can continue to monitor and control... Issues you rely on others to manage, deliver, monitor Representing all views OR seeking a majority (accepting that some wont agree) A package of measures you believe is right for the place OR A package most likely to get through an Examination and Referendum

Questions?

Progress on Legislation
4th Commencement Order 6 April 2012 brought in all neighbourhood planning provisions (with exception of referendums) e.g. duty to support

Neighbourhood Planning (General) Regulations 2012 6 April 2012

designating neighbourhood area and neighbourhood forum preparation of neighbourhood development plans and orders and Community Right to Build Orders

amendments to Habitats and EIA regulations (no changes required to regulations on SEA)

Consequential amendments planned e.g. to DMPO planning register to recognise NDOs

We are working towards ensuring that regulations on the holding of neighbourhood planning referendums will commence from summer / autumn 2012.

The Environmental Assessment of Plans and Programmes Regulations, 2004

Schedule 5. Environmental assessment is a requirement for any plan or programme which: - is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, and - sets the framework for future development consent of projects (listed in Annex I or II)
An Environmental Assessment is not required: - for a minor modification to a plan or programme - unless it has been determined under regulation 9(1) that the plan, programme or modification is likely to have significant environmental effects, or it is the subject of a direction under regulation 10(3).

Schedule 9. Where the responsible authority determines that the plan, programme or modification is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), it shall prepare a statement of its reasons for the determination.

Schedule 12. When deciding on the scope and level of detail of the information that must be included in the report, the responsible authority shall consult the consultation bodies (Countryside Agency, English Heritage, English Nature, The Environment Agency). Where a consultation body wishes to respond to a consultation, it shall do so within 5 weeks beginning with the date on which it receives the responsible authoritys invitation to engage in the consultation.