Neighbourhood AreasPresentation by Chris Hern

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Neighbourhood

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Neighbourhood as a concept has been extensively examined in village green registration

applications; perhaps imprecisely defined in the legislation, most would agree that it is a ‘relatively

self contained sector of a larger urban area’ with an element of cohesiveness

Localism legislation also has no definition. A recent Westminster Council report suggests that it

may be defined according to a combination of character and function urban grain and scale,

pattern of land use, sense of place, existing defined boundaries etc. There is no size limit, and areas

in Westminster should reflect identifiable, established and recognised areas.

Some determinants of areas might be  Existing administrative boundaries Physical barriers Historic links Social links and barriers Existing Residents and Tenants groups Focal points- Shops, community facilities, open space and ‘ catchment’ areas Extent of development, regeneration potential

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Neighbourhood Area

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To make application for a Neighbourhood Area a group

must be a ‘relevant body’

A relevant body is (a) a parish council or (b) an organisation or body which is, or is capable

of being, designated as a neighbourhood forum (on the assumption that, for this

purpose, the specified area is designated as a neighbourhood area)

Applications for designation must include:

A map showing the proposed area to be designated A statement saying why the area is appropriate for designation A statement stating that the organisation making the application is a

relevant body

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Local planning authority’s role

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On receipt of an application for a neighbourhood area the local planning authority must, as soon as possible, publicise on their website and in such other manner to bring it to the attention of those living, working, and having a business in the area, details of the application and how to object.

Having considered any objections the LPA can

1)agree to designate the area as applied for

2) refuse to designate the area as applied for because it is considered that the specified

area is not an appropriate area for designation

If some or all of the specified area being refused is not already in a designated area then the LPA has the power to secure that some or all can be added to an existing area or form a new designation

The LPA must have regard to the desirability of maintaining the existing boundaries of Neighbourhood areas already designated, but can modify these designations, - areas must not overlap with each other

The LPA must also consider in areas ‘wholly or predominately business in nature’ whether the area should be designated a business area, in which businesses have a separate vote on neighbourhood plans.

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Neighbourhood Forum

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-An organisation or may be designated as a Neighbourhood forum by the LPA if the authority is satisfied that it meets the following conditions-

a) It is established for the express purpose of promoting or improving the social, economic and

environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting

the carrying on of trades, professions or other businesses in such an area)

b) Its membership is open to-i) individuals who live in the neighbourhood area concerned

ii) individuals who work there (whether for businesses carried on there or otherwise) iii) individuals who are elected members of….a London Borough Council any of whose

area fall within the Neighbourhood area concerned

c) Its membership includes a minimum of 21 individuals each of whom- i) lives in the neighbourhood area concerned ii) works there whether for a business carried on there or otherwise or iii) is an elected member[see above]

d) it has a written constitution and  Prepared by B. Sutkiene

Neighbourhood Forum cont

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e) such other conditions as may be prescribed

The regulations have no further prescriptions and the forum membership can include unlimited numbers from outside the area and an unrestricted organisational committee membership. The forum could also have organisational members.

However the LPA in making the designation must have regard to the presence of at least

one in the above categories in the membership, as well as its locational and social diversity)

so it might be possible for the LPA also to reject a forum whose constitution does not ensure

that its voting membership and management includes a majority of individuals living orworking in the area.

These tests might be less stringently applied to a relevant body applying for an area designation until it submits a forum proposal

A forum is not required to be a body corporate unless it is also wishes tomake a right to build order as a community organisation.

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Neighbourhood Development Order and Community Right to Build Order

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A Qualifying Body is a Parish Council or an organisation or body designated as a neighbourhood

council, which is entitled to intitiate a process for the purpose of requiring an LPA to make aNeighbourhood Development Order. This order may grant planning permission within theneighbourhood area for a specified development or for development of any specified class

A community right to build order is a specific type of neighbourhood development order in a

neighbourhood area made for a specific site and for a specific development by a Community organisation—-it must be in a ‘ neighbourhood area’ so a community

organisationseeking this power may need to be a ‘relevant body’ to apply for designation as a

neighbourhood area

A community organisation is a body corporate a) which is established for the express purpose of furthering the social, economic and environmental well-being of individuals living, or wanting to live, in a particular area and

b) which meets other such conditions in relation to its establishment or constitution as may be

prescribed ---the regulations make provision for membership and control, distribution of profits and

assets

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The regulations also includes the following conditions relating to community organisations

a)Individuals who live and work in the community area for which the community organisation is established (‘the particular area’) must be entitled to become voting members of the community organisation (whether or not others can also become voting members) and

b)The constitution of the community organisation must-

i) provide that taken together the individuals who live in the particular area

(aa) hold the majority of voting rights and (bb) have the majority on the board of directors or governing body ii) Include a statement- (aa) that the community organisation will carry on its activities for the benefit of the community of a particular area (or a section of it) (bb) Indicating how it is proposed the community organisation’s activities will benefit the

community in a particular area (or a section of it) iii) Provide that the organisation has at least 10 members, living in different dwellings to each

other, who live in the particular area

In schedule 11 para 4 (4) of the Act it is indicated that a community organisation may also be a neighbourhood forum - Presumably both sets of conditions would need to be met

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Butts Farm – map 1

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Butts Farm - map2

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Butts Farm – map 3

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Butts Farm – map 4

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