Neighbourhood planning

1. Neighbourhood planning 22 October 2012 Paul Lavelle

2. 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, 2011Neighbourhood 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)

3. The Government’s 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

4. Process: timescales

5. 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

6. 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

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

8. 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

9. Thame draft NDP

10. Thame draft NDP – key areas for pedestrian/cycle improvement

11. Thame NDP – site development briefs

12. 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) Policies – area-wide / thematic / site specific Community actions 7. Delivery (or a separate Delivery Plan) delivery mechanism and timetable for each policy & action monitoring of policies Supplementary information: • Statement of conformity • Summary of evidence • Statement of community consultation • SEA Report (if required) • Area map

13. 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 examiner’s report and also satisfy itself that the Plan meets the basic conditions

14. 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 (what’s 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 won’t agree) A package of measures you believe is right for the place OR A package most likely to get through an Examination and Referendum

15. Questions?

16. 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.

17. 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 authority’s invitation to engage in the consultation.