neighbourhood planning by urban design london
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Localism Act, 2011Neighbourhood Plans must be in general conformity with the
strategic policies of the Local Plan
NPPF, March 2012Neighbourhood plans and orders should not promote less
development than set out in the Local Plan or undermine its
strategic policies. (para 184)
What is new? Real statutory weight?
Building on the best of community-led
planning
Community-led reduced LPA
discretion
Shaping not stopping development
Neighbourhood Planning
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The Governments 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
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Process: timescales
Application for designation of neighbourhood area
Publicising an area application min 6 weeks
Publicising the designation of a neighbourhood area ASAP
Application for designation of Neighbourhood Forum
Publicising a Forum application min 6 weeks
Publicising (if applicable) the designation of a Neighbourhood Forum ASAP
Drafting NDP outreach, engagement, workshops, evidence gathering, technical reports no time limit
Screen whether SEA is required and scope with statutory bodies 5 weeks
Pre-submission consultation and publicity min 6 weeks
Produce and consult on SEA Report (if required) 6 weeks
Submission of plan proposal N/A
Publicising the plan proposal, inviting written representations Min 6 weeks
Appointment ofindependent examiner No time limit
Submit plan for examination; forward written representations to independent examiner ASAP
Assessment of planagainst the basic tests by written representations and/or publichearing if examiner considers it necessary to do so. Production of examiners report.
no time limit
Publicationof the examiners report and plan proposal decisions no time limit
Decision on a planproposal, including modifications in light of examiners report no time limit
Organise referendum no time limit
Publicising adoption of NDP as part of the development plan for the local authority area ASAP
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Vision and spatial strategy for the area places/communities thatmay 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
What a Neighbourhood Plan could do
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1. Define local character, and what should beprotected, 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
Norland Conservation Area draft NDP
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
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Upper Eden draft NDP
Reasoned justification
Intention (objective)
Policy
27 parishes7 policies only
20-page document
Draws heavily on Eden
Local Plan policies
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Thame draft NDP
25 objectives
63 separate policies84-page draft very detailed!
Policies on:
Housing
Working & shopping
Getting aroundLeisure & well-being
Environment & sustainability
Place-making & design quality
The vision Thame must:continue to feel compactcontinue to have a close relationship with theopen countryside around itretain its marketscontinue to act as a centre for the surroundingarea not just its own residentsremain attractive to its visitors
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Thame draft NDP
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Thame draft NDP key areas for pedestrian/cycle improvement
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Thame NDP site development briefs
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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
Neighbourhood Plan structure
Supplementary information:
Statement of conformity
Summary of evidence
Statement of community
consultation
SEA Report (if required)
Area map
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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 examiners report and also satisfy itself that
the Plan meets the basic conditions
Examiner checks the basic conditions
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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 (whats likely to be implemented?)
Issues you can continue to monitor and control... Issues you rely on others tomanage, deliver, monitor
Representing all views OR seeking a majority (accepting that some wont agree)
A package of measures you believe is right for the place ORA package most likely to get through an Examination and Referendum
The big decisions? Finding the right balance
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Questions?
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4th Commencement Order 6 April 2012 brought in all neighbourhoodplanning 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.
Progress on Legislation
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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, watermanagement, 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 isunlikely 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 includedin 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 authoritys invitation to engage in the consultation.