Working with Planning: neighbourhoods, plans and community rights

Mick Downs Urban Vision Enterprise Community Interest Company

1. Overview of Neighbourhood Planning

2. Case study: Middleport Self-Build

OVERVIEW OF NEIGHBOURHOOD PLANNING

• Neighbourhood Development Plans - Policy

• Neighbourhood Development Orders - Planning Permission

• Community Right to Build Orders - Planning Permission

Localism Act 2011

Neighbourhood Planning

QUALIFYING BODIES • Neighbourhood Forums (in non-parished urban areas)• Parish and Town Councils

The Localism Act allows local communities to draw up plans for their own neighbourhoods.

NEIGHBOURHOOD PLANS“…..allow local communities to…… say where they think new houses, businesses and shops should go - and what they should look like.” They will set out a vision for an area and planning policies for the use and development of land. They will be about local rather than strategic issues.

What is a Neighbourhood Development Plan?

Economic Environmental Social

Development and use of landLOCALISM ACT 2011 A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.

Regional Spatial Strategy

Local PlanCore StrategySupplementary DocumentsArea Action Plans

Neighbourhood Development Plans

} Statutory Development Plan

What is the relationship with Local Policy?

Neighbourhood Plans must be in general conformity with strategic local policy

Scope and Content

One policy Comprehensive set of policiesSite allocations

What difference do you want to make?

What in the Local Plan to you want to modify?

No point in just repeating what the Local Plan or national policy says.

Where are the Neighbourhood Plans?

Over 800 Neighbourhood Areas designated so far

• Have appropriate regard to national policy.• Contribute to the achievement of sustainable

development.• Be in general conformity with the strategic policies

in the development plan for the local area.• Be compatible with EU and human rights

obligations

The Basic Conditions

Other Legal Requirements•The draft plan is being submitted by a qualifying body (as defined by the Act).•What is being proposed is a NDP (as defined in the Act).•The proposed NDP states the period for which it is to have effect.•Confirmation that the policies do not relate to “excluded development”·         •Confirmation that the proposed NDP does not relate to more than one NA.•Confirmation that there are no other NDPs in place within the NA.

NEIGHBOURHOOD DEVELOPMENT ORDERS Particular development, or type of development

COMMUNITY RIGHT TO BUILD ORDERS Small scale development Housing, business, shops, community facilities, local power generation,    changes of use, etc.

National Planning Policy Framework

16. Communities should identify opportunities to use NDOs to enable

developments consistent with their neighbourhood plans to proceed

183. Parishes and neighbourhood forums can use neighbourhood planning to

grant planning permission through Neighbourhood Development Orders

and Community Right to Build Orders for specific development which

complies with the order.

Why use an NDO or CRTBO?

To remove planning restrictions so developments can proceed easier and

quicker.

Community Right to Build will be a benefit to community groups who have a

specific development (either new build or conversion of existing buildings) in

mind but have been prevented from taking this forward due to the red tape

and time consuming processes of the planning system.

Who can use an NDO or CRTBO?

NDOs

“Qualifying bodies” – i.e. parish and town councils, and neighbourhood forums

CRTBOs

Qualifying bodies

or

formally constituted groups of individuals who live or work in the particular area

for which the organisation is established, the majority of whom live in the area.

1. Produce a map identifying the land to which the Order proposal relates

2. Define the development

3. Pre-submission consultation

4. Consultation statement – who, how, issues, response

5. Archaeology statement (if required)

6. Statement on Basic Conditions

7. Submit Order to local planning authority

8. LPA checks that the Order satisfies the relevant tests

9. Independent examination

10.Referendum

Procedure for making an NDO or CRTBO

Is an NDO or CRtBO the Best Option?

Conventional planning application/appeal

Neighbourhood Development Order

Neighbourhood Plan

Planning context - discussions with LPA

HCA support for preparing scheme – preparation, consultation, design

Income generated stays in community

Need to acquire land, capital, etc.

Guidance

Guidance