Neighbourhood Planning

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What is neighbourhood planning?

• Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area.

• They will be able to:– choose where they want new homes, shops and offices to be built, – have their say on what those new buildings should look like,– and grant planning permission for new buildings they want to see go

ahead.

• the ambition of the neighbourhood should be aligned with the strategic vision and priorities of the wider local area. (Core Strategy – Local Plan Part One)

• Incorporating their proposals for the neighbourhood into the Local Plan, or

• Through other planning mechanisms such as Local Development Orders, or

• Through pre-application consultation on development proposals.

Communities and local planning authorities should discuss the different choices communities have to achieving their ambitions for their neighbourhood.

Neighbourhood planning is not compulsory, it is optional and communities may decide that they could achieve the same outcomes through other planning routes, such as:

What is the relationship between a neighbourhood plan and the Local Plan?

• A neighbourhood plan should support the strategic development needs set out in the Local Plan and plan positively to support local development.

• A neighbourhood plan must address the development and use of land.

• If the plan is successful at examination and referendum it will become part of the statutory development plan for the area once it has been brought into legal force by the planning authority.

• Applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise.

What is the Authority’s role in neighbourhood planning?

“A local planning authority must give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of, or in connection with, facilitating the making of proposals for NDPs in relation to neighbourhood areas within their area.”

(Town and Country Planning 1990 Act Schedule 4B para 3)

What is the process?

There are seven key stages to neighbourhood planning.

Stage 1: Designating the neighbourhood area

Stage 2: Preparing a draft neighbourhood plan

Stage 3: Pre-submission publicity and consultation

Stage 4: Submission of a neighbourhood plan to the local planning authority

Stage 5: Independent Examination

Stage 6 and 7: Referendum and making the neighbourhood plan.

Step 1:

• The qualifying body submits an application to the local planning authority to designate a neighbourhood area

• The local planning authority publicises and consults on the area application for a minimum of four weeks

• Local planning authority designates a neighbourhood area

Step 2: Preparing a draft neighbourhood plan

The qualifying body develops proposals (advised by the local planning authority)

• Gather baseline information and evidence, identify the issues• Engage and consult those living and working in the neighbourhood

area and those with an interest in or affected by the proposals (e.g. service providers)

• Talk to land owners and the development industry• Identify and assess options• Determine whether European Directives might apply• Start to prepare proposals documents e.g. basic conditions statement and consultation statement

Step 3: Pre-submission publicity and consultation

The qualifying body:• Publicises the draft plan and invites representations• Consults the consultation bodies as appropriate• Sends a copy of the draft plan to the local planning authority• Where European Obligations apply, complies with relevant publicity and

consultation requirements• Considers consultation responses and amends plan if appropriate• Prepares consultation statement and other proposal documents

Step 4: Submission of the draft neighbourhood plan

• The qualifying body submits the plan to the local planning authority• The local planning authority checks that submitted proposal complies

with all relevant legislation• If the local planning authority finds that the plan meets the legal

requirements it:• Publicises the proposal for minimum 6 weeks and invites

representations• Notifies consultation bodies referred to in the consultation

statement• Appoints an independent examiner (with the agreement of the

qualifying body)

Step 5: Independent Examination

• Local planning authority sends plan proposal and representation to the independent examiner

• Independent examiner undertakes examination• Independent examiner issues a report to the local planning

authority and qualifying body• Local planning authority publishes the report• Local planning authority considers the report and reaches own

view• Local planning authority takes the decision on whether

to send the plan to referendum

Step 6 and 7: Referendum and Making the neighbourhood plan

• Relevant council publishes information statement• Relevant council publishes notice of referendum• Polling takes place• Results declared• Subject to results local planning authority considers

plan in relation to EU obligations and Convention rights• If the plan is compatible with EU obligations and does not breach

Convention rights – local planning authority makes the plan.

Resources:

• Capacity and skills – Communities have a wide range of skills and knowledge to draw from

• LPA support – legal duty to advice or assist parish councils• Specialist input – more than two thirds of the neighbourhoods that have

produced plans have used consultant support, particularly for policy writing and dealing with technical matters such as Strategic Environmental Assessment

• Funding – the government is making £22.5 million available from 2015 – 2018 to provide community groups

with expert advice, grant funding and

technical assistance.• Local Neighbourhood Champion –

Cllr Gordon Nicholson at Eden District Council• University planning schools

Challenges

Policy writing – as a general principle policies should be:• Distinct to reflect and respond to the unique characteristics and

planning context of the parish• Clear and unambiguous• Provide sufficient clarity so that the decision maker

can apply it consistently and with confidence• Concise, precise and supported by appropriate

evidence• Deliverable

Capacity – time consuming, a lack of skills can delay progress

Community engagement – keeping the community informed right from the start is essential to ensure no surprises at the Referendum stage

Local Planning Authority support – capacity