Neighbourhood Planning

Presentation in Pebworth (July 2013) Bob Keith, Planning Aid

Aims of the Session

By the end of this session you should have a better understanding of the:• town planning context• statutory process you have to follow• importance of project planning• key components of plan preparation

- inclusive community engagement- building an evidence base- considering site assessment and making allocations- writing policies and proposals, and justification

3

Background to Planning Aid

• Part of Royal Town Planning Institute• Help communities engage in the planning process• Provides free, independent, professional advice• A staff team of 12 people• Supported by network of over 700 volunteers• Offer two main services• A national telephone helpline (0330 123 9244)• Supporting Communities in Neighbourhood Planning• http

://www.rtpi.org.uk/planning-aid/neighbourhood-planning/

3

THE PLANNING CONTEXT

4

The origins of town planning

5

Dealing with the impacts of rapid urbanisation

The origins of town planning

6

New visions for urban development

The origins of town planning

7

Rebuilding Britain after the war

1947 Town and Country Planning Act

• Introduced the basis for the current planning system

• Planning permission now required for development

• All areas to have a ‘development plan’• A ‘plan-led’ system• Some exemptions from planning control –

‘permitted development’

8

The national and regional policy context

The problem:• a broken planning system• housing shortage/affordability• delays in getting planning

permission• too much central interference

Open Source Planning Conservatives Green Paper

9

The national and regional policy context

The solution:• radical change• decisions taken locally• getting rid of regional

planning• incentive driven development• strong role for local

communities

Open Source PlanningConservatives Green Paper

10

11

National Planning Policy Framework

• Came into effect in March 2012• Replaces previous PPSs and PPGs published by Government• Seen as part of growth agenda to revitalise the economy• It is 59 pages long and known as the ‘Framework’• Sets out the Government’s planning policies for England• Provides basis for councils to prepare local plans and people to

prepare neighbourhood plans• The presumption in favour of sustainable development• The golden thread running throughout document

12

The Localism Act 2011

Reforms to planning system include:• Abolition of regional strategies • Duty to co-operate• Community right to build• Reforming the community infrastructure levy• Reform to the way local plans are prepared• Nationally significant infrastructure projects• Neighbourhood planning

13

Neighbourhood Planning Tools

• Neighbourhood Development Plans - A plan making power allowing local communities to shape development in their area

• Neighbourhood Development Orders - An order granted by community granting planning permission for certain types of development

• Community Right to Build Orders - An order made by community allowing them to bring forward small development for housing, business or community facilities

814

15

Neighbourhood Development Plans

• Designated bodies to prepare are parish/town councils or designated neighbourhood forums

• Non prescriptive - could be simple or go into detail• Can identify where new houses, businesses and shops should

go, and what they should look like• No right of veto on wider development needs• Need to follow the strategic planning context, notably the

Framework and Local Plan• Once ‘made’ they are a strong consideration for assessing planning applications • Preparation must follow a statutory process

THE STATUTORY PROCESS FOR PREPARATING A NEIGHBOURHOOD

DEVELOPMENT PLAN

Neighbourhood Planning Regulations

14

NP

CommunityReferendum

Independent Check

Preparing your Plan

Agreeing The Neighbourhood

5

12

34

Stage 1: Agreeing the neighbourhood

18

Neighbourhood boundary

Stage 1 – Agree the area

• Group submits neighbourhood area application to local planning authority comprising:- a plan showing boundary- statement why it should be designated- that a qualifying body

• If no town or parish council exists then a neighbourhood forum needs to be established beforehand, with written constitution, open membership and a minimum of 21 individuals

• Application publicised for 6 weeks• If acceptable then application approved

19

National overview• 452 applications submitted• 248 areas/forums designated

(March 2013)• Top of the league –

Herefordshire (25 applications, 20 designated)

• 44% of Local Authorities have at least 1 application

20

Planning resource: Neighbourhood Watch

Stage 2: Plan Preparation

21

What’s good?

What’s bad?

What needs to change?

Stage 2 - Preparing the neighbourhood plan

14

• A plan can be a single policy or a hundred policies• However it must contain policies!• It must be in line with NPPF and strategic policies of Local Plan• Essential to establish strong working relationship with LPA • Essential that wide and inclusive community engagement• Top down and bottom up!

Stage 2 – Preparing the plan

• Plan preparation involves:- inclusive community engagement- build evidence base- site assessment- the writing of policies and proposals

• Must include a formal 6 week consultation period to publicise the initial proposals in the draft plan and consider response

• Publicise to those who live, work or carry out business

23

Stage 3 – Independent check

• Plan then formally submitted to the local planning authority• It must include:

- A map or statement- A consultation statement- The proposed Neighbourhood Development Plan- A statement explaining how the plan has met the ‘basic

conditions’ e.g. had regard to NPPF and in general conformity with strategic planning policies in Local Plan- A statement confirming the background to the

organisation and the process it has been through

24

25

Stage 3 – Independent check

• Council formally publicise the proposals for 6 weeks and invite comment

• Independent examiner appointed (paid for by local authority)• Examiner will check met basic conditions:

- has regard to NPPF and strategic elements of local plan- compatible with EU and human rights obligations

• Consider representations and possibly hold a public hearing• Examiner could recommend go to referendum, suggest

modifications, or refuse

25

26

Stage 4 – Referendum

• If acceptable, the council will then publish examiners report and the decision to put plan to a referendum (6 weeks)

• Local council will organise (and pay for) the referendum • Examiner may recommend who entitled to vote• May also have been previously agreed that it is a business area

and there will then be a second referendum accordingly• A majority of people voting must support the plan• Underlines the importance of securing community support

from the outset

26

Community Referendum Question

“Do you want Wychavon District Council to use the neighbourhood plan for Pebworth neighbourhood area to help it decide planning applications in the neighbourhood

area?”

27

Referendums to date…

• Upper Eden – 33% turnout , 90% voted in favour

• Exeter St James – 21% turnout, 92% voted Yes

• Thame – 40% turnout, 76% voted Yes

28

29

Stage 5 – Make a plan

• The local planning authority will then publish decision to make the plan and make available for inspection

• Must publicise their decision for 6 weeks• Plan then part of the statutory development plan for the area• A basis for the determination of all planning applications and

appeals

29

Local planning authority role

• Provide assistance, hold an examination, arrange referendum• Funding for LPAs = £5k designation, £5k pre-examination, £20k

successful examination• “Duty to support” types of support;– technical advice– facilitate consultation events– meet with group to give overview of procedures and issues– provide or direct group to background data/evidence– comment on draft proposals

30

PROJECT PLANNING

What goes in a project plan?

• Aims and objectives – what you want to achieve• A breakdown of milestones, tasks and activities• A timetable of milestones, tasks and activities• Allocation of roles, responsibilities and task• Identification and allocation of resources • Budget planning and allocation• Risk assessment – where might things go wrong?• Communications plan – who, when and how

Project Timetable

Activity Description Date October 2011 Nov 2011 Dec 2011 Jan 2012

Data date 4th Nov Agree terms of reference 28th Oct

Plan

Agree support package with Planning Aid (Training event) 11th Nov

Training session

Support workshop

Prioritisation workshop

Plan content workshop

Policy writing workshop CONSULTATION ACTIVITY

Develop . Comms strategy incl. Setting time line for setting up Web page 30-Nov

Other key factors

• Dates and times of town council meetings, steering group meetings and any associated themes groups

• The District Council’s committee cycles and associated lead in times

• The time and availability of volunteers• The need for a project manager to monitor and report on

progress

34

THE SMALL MATTER OF PLAN PREPARATION…

The 4 Key Elements

• Community engagement• The evidence base• Site assessment• Policy writing

THE BASICS OF COMMUNITY ENGAGEMENT

Key Issues

• Capacity of community to engage• Access to appropriate knowledge • Reaching silent majority• Reaching the hard to reach • Engaging when it can make a real difference• Keeping people in the loop

Profile

• Create a picture of the make up of your community• Identify target audiences for your message• Adapt the message to suit the audience• Profile at events to see any gaps

Just some of the methods you might use

• Interactive workshops - Displays, Post it notes, photo survey, guided walks, mapping, model making

• Focus groups - Topic specific (e.g. environment, housing, infrastructure)

• Surveys - Online questionnaires, web polls, paper questionnaires

• Interviews - Telephone, face to face, street• Stalls at local fetes - Displays, opportunity to comment, mini

surveys• Public meetings

Analysing engagement findings

• Record the data• Collate the data• Identify key issues/themes• Strength of support – evidence, number of responses• Summarise each event separately

Activity Method Used Who involved Issues/Concerns How addressed

How to feedback?Key issues Details

5 December Christmas Fayre

Displays about project.Post it note comments on Likes, Dislikes and Improvements

153 people80Female73 Male0-12 312-18 7 18-30 1230-45 4045-65 8565+ 6

Parking

Road Safety

Shopping area

Parking at Dukes Street and Butts Lane

Crossing at King Road by school, speeding at River Crescent

Appreciation of butcher, chemist, grocer

Discussed with Local Council and Highways departmentParking audit arranged to check issue over two week period.Community Speed watch investigated

Community magazine Community websiteAt public meeting

8 JanuaryPublic meeting

Parish Council meeting presented information gathered at Fayre and took further comments.Minutes of meeting circulated in ‘Village voice’

43 people attended meeting

Every household received magazine

Road Safety

Affordable housing

Youth facilities

Crossings at King Road and New Street

Nowhere for young people to live as prices too high

Need for improved play area and youth centre

Discussed with Local Council and Highways department

Housing Need Survey data looked at for further evidence

Letter to be written to youth club and school workshop arranged

Community magazineCommunity websiteSchool assembly

14th – 30th MarchSurvey

Household survey and internet survey

Copies sent to every householdResponse of 63% (see appendix A for breakdown).

Internet received 75 hits

See Appendix A See Appendix A See Appendix A Community magazineCommunity websiteSummer exhibition roadshow

15th JuneSchool workshop

Year 7,8 and 9 students attended assembly on plan and then split into groups to produce a Planning for Real model

94 people11-12 yrs 2512-13 yrs 2713-14 yrs 32Staff 10

Youth facilities

Shopping area

Skate park, youth shelter

Poor design and unused space

Local Council to explore grant funds.

Working group to progress

Community magazineCommunity websiteSchool newsletter

Key Issues Details Evidence Options Comments Actions

Policy Site proposal or allocation

Facilities needed in the town List of issues from the consultation e.g. farm shop, dentists, chiropractor, better Dr’s surgery, bookmakers, bike repair shop etc.

Local needs/ aspirations.Corroboration via the public sector agencies?

Yes to encourage delivery where need is clear

Not unless clear evidence that sites suitable to the exclusion of all others

Useful approach to stimulating interest but ultimately the market will decide

Consult with local businesses

Creation of new and enhancement of existing green spaces and wildlife areas

Enhancement of the natural environment. Need to map priorities

Planning for real map Yes to ensure protection and provide opportunity to create new esp. in mitigation for new development

Yes to identify areas to protect from development

Issue of on going management and maintenance

Create working group to support maintenance.

A1234 Safety Speed, traffic calming, policing Road safety statistics Yes Possibly Viability, land ownership, engineering acceptability. Need to ensure a deliverable scheme is possible then the NP facilitates delivery

Discuss with Highways Department

Car parking Spaces, charging, new car parks Survey results Yes Yes if protecting and or creating new

Range of issues. Realistically the NP can only deal with provision of car parking not the management of

Search for possible sites for additional parking

Develop a systematic approach

• What are the issues that emerged from the consultation?• Develop a shared vision for the future• What are the objectives to deliver that vision?• Develop policies and proposals to achieve these objectives• Sitting under each policy and proposal is the reasoned

justification from your evidence base

44

WHAT ON EARTH IS AN EVIDENCE BASE?

What is an evidence base?

• A planning related evidence base is a portfolio of information and documents that support the development of a larger strategic plan or a neighbourhood plan

• The National Planning Policy Framework outlines the evidence base local planning authorities need to consider when developing their Local Plans (paragraphs 158-177)

• It includes:- population projections- the scale and mix of housing needed- business needs- infrastructure requirements

Why develop an evidence base?

• It demonstrates that all the information is up-to-date and provides a clear picture of the existing ‘state’ of an area

• An evidence base will demonstrate that the group has a ‘sound’ neighbourhood plan

• Failure to produce or use a good up-to-date evidence base could result in the neighbourhood plan not meeting the basic conditions

What can an evidence base contain?

The evidence base should contain two elements:• Participation: views of the local community and others who have

an interest in the future of an area – through community consultation

• Research/fact finding: evidence that the choices made by the plan are supported by the background facts

Local Plan evidence base

• Strategic Flood Risk Assessment• Strategic Housing Land Availability Assessment and Housing Needs

Assessment• Conservation Area Appraisal(s)• Local Services and Facilities Assessment• Strategic Housing Market Assessment (SHMA)• Existing Monitoring Data (AMR)• Open Space and Play Pitch Assessment• Local Transport Study• Affordable Housing Needs Assessment• Landscape Character Assessment• Gypsy and Traveller Needs Assessment

SITE ASSESSMENT

Why have a site assessment checklist?

51

• Challenge proof!• Why have certain sites been selected and others rejected?• Demonstrate that been open, transparent and fair• Audit trail of how you reached your decision• Community buy-in influencing selection criteria• Criteria applied to each individual site and results then scored

to allow comparison and eventual selection

Site Assessment 1: Record the basics

Site details:• What is the site name / reference?• Where is the site located?• What is the site description?• What is the boundary of the site?• What is the site size?• What is the existing land use?• What is the site’s planning history?

52

Site Assessment 2: Desktop researchAre there any relevant planning policies including:• National policy• Evidence relating to old regional strategies• Local Plan site allocations• Local Plan designations e.g. Green Belt• Other designations e.g. AONB, Village Green• Other local planning documents e.g. SPDs, Village Design

Statement, Conservation Area Appraisal?• Local Plan assessments e.g. SHLAA, Sustainability Appraisal• Local standards e.g. parking standards• Emerging local plan policies or strategies?

53

Site Assessment 2: Desktop researchCheck relevant evidence:• Is the site affected by flooding?• Is land contamination an issue?• Any nearby sources of air or noise pollution?• Does the site contain a mineral resource?• Is the land of agricultural value?• Any Listed Buildings onsite or nearby?• Does the site contain archaeological remains?• Any road capacity or highway issues?• Any legal considerations e.g. covenant?

54

Site Assessment 3: Site visit

55

Time to visit the site and record• How is the site accessed?• Is there easy access from the highway?• Any physical constraints e.g. slope, pylons• Any natural features e.g. trees, hedgerow, watercourse• Any features of biodiversity value?• Any existing buildings which could be retained / converted?• Any important views into or out of the site?• Impact of development on the skyline?• Any public rights of way affecting the site?

Site Assessment 3: Site Visit

What’s next door?• What are the neighbouring uses? (existing and proposed)• Any ‘bad neighbours’ (potential noise or fume impacts)?• What is the local building style? (local distinctiveness or the

vernacular)• Any potential overlooking or loss of privacy issues?• Could the original site be expanded into neighbouring sites?

56

Site Assessment 4: Infrastructure

• Is the site connected to local utilities?• Is the site connected to high speed broadband?• How close are local services? e.g schools, GP, pharmacy, local

shops, post office, library, play space, sport centre / pitches • What is the capacity of local services?• Are local services accessible by public transport, cycling or

walking?• How much CIL will the development generate?• What priorities for local infrastructure improvement linked to

development of the site?

57

Site Assessment 5: Deliverability

Is the site suitable?• Is it affected by flooding?• Does contaminated land need remediation?• Will topography constrain development?• Any power lines, pipelines or infrastructure crossing the

site?• Any health and safety constraints?• Local opinion towards the site?

58

Site Assessment 5: Deliverability

Is the site available?• Willing landowner?• Any long tenancies?• Timeframe for development?

59

POLICY WRITING FOR BEGINNERS

Writing policies

Good policies are:• Consistent with national planning policy and the strategic

objectives in the Local Plan and do not replicate them• Clear and precise • Written to contain targets and indicators (where sensible) to

assist monitoring and review • Framed in positive terms where possible• Capable of having an effect within the plan period• Clear about how they are to be implemented within the

plan period

Good policies

• Clearly indicate circumstances that influence whether to grant or refuse planning permission if the policy is to be implemented through that means

• Distinguish clearly between the policy itself and the supporting reasoned justification

• Supported by robust evidence, not just subjective opinion or perceptions

• Avoid technical planning terms and jargon unless necessary

Questions and discussion

63