Localism Act, Neighbourhood Planning & the Draft National Planning Policy Framework

Andrew England

Assistant Head of Planning and Regeneration

Neighbourhood Planning

• Localism Act.Localism Act.• What is a Neighbourhood Plan?What is a Neighbourhood Plan?• Front Runner Pilots.Front Runner Pilots.• Guidance.Guidance.• Costs.Costs.• Fit with National/ Cornwall Planning Policy.Fit with National/ Cornwall Planning Policy.• What are the alternative? What are the alternative? • What help is available? What help is available? • Draft National Planning Policy Framework Draft National Planning Policy Framework

Localism Act – Planning Overview

• Abolish Regional Spatial Strategies. • Abolish the Infrastructure Planning

Commission.

• Amend the Community Infrastructure Levy, which allows councils to charge

developers to pay for infrastructure.  Some of the revenue will be available for the local

community.

Localism Act – Planning overview

• Provide for neighbourhood plans, which would be approved if they received 50% of

the votes cast in a referendum.

• Provide for neighbourhood development orders to allow communities to approve development without requiring normal

planning consent

Localism Act • The Localism Bill is now the Localism Act

• Royal Assent November 2011

Cornwall leads the way

• Feock Local Development Order.

• Newquay Airport Local Development Order.

• Parish Plans/ Market & Coastal Town

Initiative.

Localism in Cornwall

Localism team set up at inception of Cornwall Council

Portfolio holder for Localism & devolution

What is a Neighbourhood Plan?

• Neighbourhood planning is about letting the people who know about &

care for an area plan for it. • It is led by the residential and

business community, not the council, & is about building

neighbourhoods – not stopping growth.

What is a Neighbourhood Plan?

• Neighbourhood planning is also not entirely new – it can build on existing community planning work.

What does it do?

• It can set out a vision for an area and planning policies for the use and

development of land.

• It will be about local rather than strategic issues. For example it could cover where

new shops, offices or homes should go and what green spaces should be protected.

• The plan does need to be compatible with national policies and Cornwall policies.

What does it do?

• It should be focused on guiding development rather

than stopping it.

• If adopted it will become a statutory plan and be used

in making decisions on planning applications.

What does it do?

• Can help to identify what community infrastructure projects are needed – village halls, play areas, community

renewable schemes, etc. • Help set priorities.

• Community Infrastructure Levy – a meaningful proportion goes back to

the community.

Neighbourhood Development Orders

• These allow local councils to grant permission for development to take

place (without the need for planning permission) within the

neighbourhood plan area.

Guidance

Guidance

Cornwall Toolkit

• Cornwall is producing a Neighbourhood Plan Toolkit

• Provide more detailed breakdown of individual considerations.

• Learn from the pilots & disseminate good practice.

• Minimise resources and help make the plan making process more efficient.

Other toolkits

Cost of Neighbourhood Plans

• The average cost per plan will fall between £17,000 and £63,000. (Dept. for Communities and Local

Government estimates)

• Referendum costs - we estimate a referendum of around 5,000 people would cost in the region of £5,000.

(LGA)

Who pays?

• The Governments Supporting Communities fund will provide financial assistance for professional support.

• The local authority has a duty to support but may or may not be able to provide financial assistance to the development of the plan, although it will be for the council to fund the independent assessment and the referendum.

Who pays?

• Developers & landowners may provide financial assistance where they have an interest in securing planning permission.

Compliance with National & Cornwall Planning Policy

• Once approved the neighbourhood development plan will become part of the statutory development plan for Cornwall.

• It is important to remember that for a neighbourhood development plan to be

successful it needs to be in general conformity with the existing development

plan for the local area.

What are the alternative?

• You don’t have to do a neighbourhood plan.

• What does your community actually want?

• You could for example apply for planning permission.

• Neighbourhood Plans could range from simple vision for your community to fully blown development plans.

Also help from others….

What help is available?

• There 213 Town & Parish Councils in Cornwall!

Process – Getting Started

Developing Vision & Objectives

Developing The Plan

Independent Examination

Referendum

Finally … actually it can very rewarding

Draft - NPPF

Myth: Change is not needed / planning isn’t the problem.

Fact: Planning is acting as a serious brake on growth, slowing the growth of much needed new jobs and new business.

Draft NPPF

Myth: This is a developer's charter Fact: Not true. From the birth of modern

planning in 1947 there was a presumption in favour of development… a plan-led approach in 1991. The presumption in favour of sustainable development carries forward this emphasis on positive planning, while reinforcing the primacy of the democratically produced local plan.

Draft NPPF

Myth: This is a sham consultation. You have already instructed planning inspectors to make decisions in accordance with the Framework

Fact: Not true. We have not instructed the Planning inspectorate to do anything… the Planning inspectorate will issue guidance to inspectors to ensure that they take a consistent approach when draft policies are issued.

Draft NPPF

Myth: The presumption in favour of sustainable development will mean that every application has to be accepted

Fact: Not true. The presumption is not a green light for development. All proposals will need to demonstrate their sustainability & be line with the strict protections in the draft framework.

Strong environmental safeguards remain as part of planning system, including protecting communities & the environment from unacceptable proposals.

Draft NPPF

Myth: Will this allow wind farms to spring up in the wrong places

Fact: Strong environmental safeguards remain part of the planning system. Onshore wind is still an important part of out national energy security & low carbon goals. But the presumption in favour of sustainable development is not a green light for wind turbines everywhere.

Draft NPPF

Myth: Not only will there be more development, it will ugly and uncontrolled

Fact: As with key environmental protections, our historic environment, archaeological sites, ancient woodland & civic conservation areas all continue to be protected. The framework also emphasises the importance of good design.

This is about building homes which future generations can be proud of.

Draft NPPFMyth: Communities won’t be able to protect

green spaces or countryside. Fact: Not true. Green Belt, Areas of Outstanding

Natural Beauty & other designated land will retain protection.

Communities will be given a new power to protect locally important green spaces which are a vital part of residents’ quality of life. Rather than imposing targets or blueprints from above, this Government is changing things so local people and councils can decide.

Draft NPPF

Myth: This isn’t localism - the Framework takes control away from local communities

Fact: Not true. ..puts local people in the driving seat of decision making in the planning system. Communities will have the power to decide areas they wish to see developed & those to be protected, through their Local Plan. Once a local plan is in place which has the support of the local community that is what will drive decision making. It will no longer be possible for Inspectors to enforce changes to local plans and neighbourhood planning powers will give real control to local people.