Neighbourhood Planning

Neighbourhood Planning Presentation to Rutland Parish Forum 19th April 2012

Neighbourhood Planning CLG Introduction to NP “A new way for communities to decide the future of the places where they live and work” • Introduced through Localism Bill – Act confirmed Nov 2011 • 2012 Regulations confirmed processes – commencement April • March 2012 release of the National Planning Policy Framenwork – confirms status in planning system

Neighbourhood Planning • Neighbourhood Development Plans: Communities can write a plan which, if passed, becomes part of the statutory planning framework for the area • Neighbourhood Development Orders: Communities can agree to approve a particular development of type of development without the need for planning permission • Community Right to Build: Communities will be able to develop land subject to doing the work and passing examination and referendum (via an NDO)

If there is a parish or town council, they take the lead A community applies for a neighbourhood area to be designated If no parish or town council, a neighbourhood forum is designated Work up details of plan with the community The local authority can advise Consult statutory consultees as appropriate LPA to advise on conformity with Local Plan Submit plan to the local authority Independent Examination LA to arrange Local authority checks proposals LPA to adopt plan as statutory planning document LA to arrange. A simple majority is required Community referendum Make a plan or order

The basic conditions A Neighbourhood Plan must: • have appropriate regard to national policy • generally conform to the strategic elements of the local plan • be compatible with EU obligations • and be compatible with human rights obligations

Making a neighbourhood area application • The group sets out: • - the proposed neighbourhood area; • - why neighbourhood planning is appropriate; • - that the group submitting the application is capable of being a qualifying body • LPA publish the application for 6 weeks and invite comments • LPA to decline applications where the parish/ town council, or prospective neighbourhood forum has made more than one application

Neighbourhood Forum qualifying body: • for the express purpose of promoting or improving the social, economic and environmental well-being of an area • Membership is open to those who live or work in the area, and councillors. Need at least 21. • Has a written constitution In parished areas, it is a parish council. Elsewhere, INCLUDING A PARISH MEET area, a neighbourhood forum can be established

The Plan • The Forum/Parish Council has to; - publicise the proposals in the plan– bringing them to the attention of a majority of those who live, work or operate business in the neighbourhood area; - publish contact details for representations and information about the proposed timetable for consultation; - consult any statutory consultees whose interests are affected • Minimum 6 week consultation period

Once there is a draft plan • Forum/Parish Council to submit proposals to Authority with: • - a plan or statement showing the area covered by the proposals; • - a consultation statement; • - the title of the draft plan/order; and • - a statement outlining how the proposal meet the basic conditions. • The consultation statement to: • - identify the names of persons whom the qualifying body consulted*; • - how those persons were consulted; • - a summary of the main issues raised; and • - how those issues have been addressed. • LPA to publish proposals for 6 weeks and make draft orders available for inspection

The independent check/examination • Examiner must have appropriate qualifications, experience and meet other requirements in Act (e.g. independent) • Appointed by LA but agreed with parish council/forum • Looks at written representations and only if necessary will hold a public hearing • Limited to considering whether proposals passed regulatory requirements (e.g. consultation) and whether neighbourhood plan/order meets ‘basic conditions’ (e.g. national policy) • Report which summarises their findings.

And finally…..the LPA has to: • Publish examiner’s report and the decision (to put plan/order to referendum) on their website; After the referendum takes places…… • Publish decision (to make plan/order) and reasons on website and make available for inspection • Send a copy of their decision and reasons to: • The Forum/Parish Council • The Environment Agency • Natural England • Historic Buildings and Monuments Commission for England • Anyone who has made written representations • For orders - Any known owner or tenant of all or part of the land to which the order relates • Publish the plan/order on their website and make available for inspection

Front runner work • 73 authorities working on 126 plans and development orders (waves 1-4)Wave 5 (last) recently announced • Mixture of parished & non-parished areas, commercial and residential • Moved from ‘what’s it all about’ to ‘how will it work’ • Caveat – not real pilots because working under ‘old’ regime

Headline issues from front runner programme • Building on existing community groupings and community work (parish focus) • Not anti-growth……..but not always pro-growth either • Not always clear why a plan is being done, or what it will deliver • Differences between parished and unparished areas

Front runner issues • Inner city/town centre development pressures • Preserving the character of neighbourhoods • Local employment • Physical & economic regeneration • Lack of infrastructure /transport issues • Rural isolation Some don’t have specific planning issues, it’s more about the principle and the process • Increase public participation in a development area • Bringing community groups together • Community active already • Avoid ‘being done to’ • Being part of an initiative

Issues for a local authority • Aligning with current plan-making work/adding value • Resourcing – ‘advise and support’ • Cross boundary practicalities • Arbitrating on neighbourhood areas and competing forums • Ward councillor interest (especially in parished areas) • Getting the community interested • Behaviour change – ‘letting go’

Will be most effective where… • There is a recently adopted core strategy; • There is an organised community group already • There is an issue to address (what’s the problem you are trying to solve?) • A recognised need to plan for that development; • A desire to help shape the development • Good relationship between council (officers and councillors) and group (collaborative democracy) • There is some form of resourcing

Why communities will want one • Statutory plan • Set the ground rules for development in the area • More detailed policy than might exist in the Local Plan • Specify design quality • Certainty • Conserve heritage and local character • Bring community together???

The 4 support groups • The Prince's Foundation - community engagement and finding local solutions to issues. www.princes-foundation.org • Locality - online resources and other networking tools, practical workshops and seminars, and tailored advice through a telephone advice line. www.locality.org.uk • Royal Town Planning Institute (Planning Aid) - support and training to local communities on planning strategy, policy and decision-making www.rtpi.org.uk/planningaid • The National Association of Local Councils in partnership with the Campaign to Protect Rural England – basic planning info via a website, phone line and publications. Local events for the public and parish councils www.cpre.org.uk

RCC Response to Neighbourhood Planning Initiative • Parish Liaison; - actively supporting Uppingham – through Partnership Working Group and more bespoke advice to individual partners and Council members - met or discussed with 5 parish council’s • Council Website www.rutland.gov.uk/planning_policy/neighbourhood_planning.aspx • Resourcing and internal decision making

Neighbourhood Planning