Neighbourhood Planning – Is it Working ?

Andrew Towlerton

Hellaby Parish Council

What is Neighbourhood Planning

• Part of Localism Agenda

• Strong Government commitment

• Simplification of system – planning seen as being remote and complex

• Transfer of planning powers

• In part a response to weaknesses of parish plans

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Plan Led System

• The primacy of the development plans established by S54 A of the 1990 Act

• Decisions should be taken in accordance with the plan, unless material considerations indicate otherwise

• Broadly Hierarchical– Planning Acts/New National Policy Framework– Regional Spatial Strategy (RSS)– Local Plans (at District/Borough level) and– Neighbourhood Plans /supplementary planning

guidance

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National Planning Policy Framework (NPPF)

Local Plan (core strategy and other documents)

presumption in favourof sustainable development

Neighbourhood Development Plans and orders

Parish plan (non statutory)

POLICY CONTEXT

Regional plans?Duty to co-operate

Part of wider planning changes

• Abolition of Regional Spatial Strategies (RSS) and a new duty to cooperate

• Pre application discussions. • National Planning Policy Framework

(NPPF) • Greater Community Involvement & Say• Incentivising Development

The end of…….?

And more of this

Neighbourhood Planning

Neighbourhood Planning Involves

•Neighbourhood (Development) Plans statutory development plan forms part of the Local Development Framework

•Neighbourhood Development Orders grant planning permission for certain kinds of

development within specified area

•Community Right to Build Orders grant planning permission for development schemes

Neighbourhood Planning

What is a Neighbourhood Plan?

It is about a community using land use and development to deliver somewhere too:

work

play

shop live

eat

travel

park

drink

How many

• 30 approved• 70 at

examination• 120 pre-

submission• 1008

designated

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Progress

• All neighbourhood planning referendums held so far have been successful

• The average neighbourhood plan – referendum turnout is about 33% and– ‘yes vote’ is 88%

• The Winslow neighbourhood plan has achieved the biggest ‘yes vote’ (98.2%) and the joint highest turnout (59.5%) alongside Woodcote, South Oxfordshire

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How is the Neighbourhood Plan prepared ?

Plan prepared by local communities with council providing support and advice

Examined by independent examiner considering fit with local development plan, national policy and alignment with other neighbouring plans – leading to non-binding

report

Extensive community engagement

Neighbourhood Plan Adopted by local authority

Process instigated by parish council or Neighbourhood Forum

Referendum seeking adoption. Simple majority in favour to progress to adoption - should we agree this

neighbourhood plan?

Proceed to referendum

Legal Compliance

Neighbourhood plans must comply with a number of EU Directives (e.g. Environmental Impact Assessment, Habitats Directive) and European Court of Human Rights

Local Authority Support

Local Authorities must provide support and advice to parishes or forums preparing a plan.

Referendum

Referendum area can be wider than neighbourhood – if proposals impact on others

Examples of emerging policies

Environment Economy

Neighbourhood design guide & place specific design policies

Allocation of employment sites

Designation of Local Green Space Protection of car parks

Designation of Local Historic Buildings Restriction on employment uses i.e. only light industry

Protection of gardens Development of workshops

Small scale renewable energy Encouragement of working from home

Local Habitat Designation New retail in town centres

Control of advertisements & protection of traditional shop fronts

Protection of business uses in village centre

Examples of emerging policies

Housing Community Facilities

Residential uses in town centres Protection of Assets of Community Value

Occupation of affordable housing Cycle & pedestrian links

Car parking spaces in development Protection of local shops and pubs

Meeting local housing need & Developer contributions to improvement of community facilities

Housing for local older people New community facilities

Conversion of redundant buildings Development of community hubs

Housing on farms Protection of community facilities

Limit extensions on small properties Broadband provision

Emerging Issues

• Resources

• How much ? Hard to say ?

• CLG estimate on average £12-£15K

• Depends on factors such as• Size of area• Scope of plan• Resources available in the community• Support of the Borough/District Council

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Other Emerging issues

– New process and in some ways unchartered territory

– Grey areas in the guidance– Conformity Issues– Delays in producing Local Plans/Core

strategies– Support provided by local planning authority– ‘foot dragging’ by some principal authorities

Choose wisely• Parish Plans

• Village Design Statements

• Development Briefs

Other Emerging issues

– Inconsistency in Examiners findings and interpretation

– Treatment on Non Planning Issues

– Solid Evidence base

– Basic Condition

– Probity Issues

Will they make a Difference ?

“Pickles overrules planning inspector to block 111-home development

Eric Pickles has overruled his own planning inspector to block a 111-home development in Leicestershire because it conflicts with an adopted neighbourhood plan”.

Will they make a Difference ?

• “Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish”…..

• Larkfllet Homes state"We believe that the Uppingham neighbourhood plan is flawed in several areas and therefore not legally valid”

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Quick word about Community Infrastructure Levy

• CIL is set out, and fixed, in a charging schedule

• To help pay for infrastructure needed to support new development but not to remedy existing deficiencies unless the new scheme will make it worse

• Councils must spend the income on infrastructure – but parish councils have more discretion

• Rates can vary by geographic area, use, and size

• CIL may apply to all permitted development

• Local Authorities do not have to introduce it

CIL and Parish councils

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Top Tips

• Is a neighbourhood plan right for you?• What are you trying to achieve?• Plan the Plan?• Is it enough to be in ‘general conformity’ with

the Local Plan?• Think about the ‘basic conditions’ from day

one• Work in partnership with the Local Authority• Solid and well documented evidence• Knowledge & experiences of other areas

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Any questions/points