Steering Group Meeting 16 June 2015 Quick review of Neighbourhood Development Planning

Localism in action: planning and decision making at a local level Community led: communities take the lead within their own neighbourhoods to produce part of the statutory development plan for the wider area (NuL) Community representatives write the Plan Parish councils can engage properly with wider community (unlike the Borough planners) Aim: produce a plan that genuinely represents wants and needs of local area

The Neighbourhood Plan has real legal force Becomes part of the statutory development plan (Local Plan) for the wider area (NuL) Provides a basis* for decisions on planning applications and appeals * With other “material considerations” Gives local community more influence and control over development Contains more detail than the Local Plan: e.g. design, affordable housing, preferred sites for housing/other developments, infrastructure, pedestrian routes, provision of playgrounds, community facilities etc.

What the government says about Neighbourhood Planning (1) Instead of hectoring people and forcing development on communities, the government believes that we need to persuade communities that development is in everyone’s interest. (DCLG 10 January 2013) [T]he Government’s clear policy intention when introducing neighbourhood planning … was to provide a powerful set of tools for local people to ensure they get the right types of development for their community, while also planning positively to support strategic development needs. (DCLG 10 July 2014)

What the government says about Neighbourhood Planning (2) Housing Bill announced in Queen’s Speech, 27 May 2015 Main benefits will include: “Ensuring local people have more control over planning.” Main elements will include (housing supply): “To simplify and speed up the neighbourhood planning system, to support communities that seek to meet local housing and other development needs through neighbourhood planning.” (Queen’s Speech background briefing notes)

What does the Plan contain? (1) Purpose: to guide future development of the area: use of land and associated social, economic and environmental issues Cannot promote less development than is identified for the area in the Local Plan Can specify a timeframe for development – 5, 10, 15, 20 years

What does the Plan contain? (2) Sets out the vision and aims for development of the neighbourhood. These are translated into: Planning policies against which development proposals/planning applications can be considered Planning guidance to supplement policies and help in their interpretation Site allocations to earmark sites for various types of use/ development Community proposals, e.g. for (improving) public and community space, pedestrian and cycle routes Neighbourhood Development Orders or Community Right to Build Orders can be used to grant permission for specific types of development/sites, e.g. affordable housing

What does Plan making involve? (1) Robust programme of community engagement Development of evidence base to ensure proper understanding of local area and local people’s views, aspirations, needs, wants Engaging with statutory authorities and other stakeholders, e.g. utilities, health services, highways, Network Rail, Environment Agency, Natural England Local authority (LA) legally required to support

What does Plan making involve? (2) Resources Time frame: Typically 2 years People: Community: skills/expertise – Professional consultants – LA, e.g. officer or elected member time Information: Existing parish plans – Community engagement: questionnaires, focus groups – LA information base and resources, policies – External resources, e.g. statutory consultees, ONS Funding: Parish council support (including precept) – Grants – Pro bono support – Local fund raising

What does Plan making involve? (3) Recruiting skills and capacity in the community General: e.g. Leadership – Project planning and management – Communication – Engaging and listening – Negotiating – Analytical skills – Team work – Leg work Specific: e.g. Computer skills – Workshop/focus group leaders – Questionnaire design – Data entry – Data analysis – Map/plan reading – Leafleting – Technical writing – Local knowledge – Topical knowledge: e.g. design, business, heritage, housing, highways, other planning issues – Graphics/photography/drawing

Role of Parish and Town Councils Locality Roadmap Guide “Where there is a town or parish council, that is the qualifying body for producing a Neighbourhood Plan. Although there is no need to put together a neighbourhood forum, parish or town councils may choose to put together a working or steering group of community representatives to assist in the process. This helps to ensure that the Neighbourhood Plan is community led and engages with a wide range of interests. But the parish council is the body ultimately responsible for consulting on the plan and submitting it for independent examination. Parish councils may work in partnership with other parish councils to produce a joint neighbourhood plan.”

Role of Local Authority Legally required to advise and assist Make data available for evidence base: Policies – SHMA*/SHLAA* – Housing need – Flood risk – Environmental designations, etc. * Strategic Housing Market Assessment/Strategic Housing Land Availability Assessment Advice on: Local and national policies – General planning matters – Access to key contacts and stakeholders etc. Technical support Check plan prior to formal submission Arrange and pay for local referendum

FIRST THINGS FIRST Immediate attention and action needed on: Registration of Neighbourhood Area Application from Parish Councils to LA Community engagement from the beginning Announcements and public meeting

Registration of Neighbourhood Area (1) Town and Country Planning Act 1990, s. 61G* * See Localism Act 2011, Schedule 9 61G Meaning of “neighbourhood area” (1) A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where— (a) a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and (b) the authority are determining the application (but see subsection (5)). (2) A “relevant body” means— (a) a parish council, or (b) an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area).

Registration of Neighbourhood Area (2) Neighbourhood Planning (General) Regulations 2012, PART 2 Neighbourhood Areas Application for designation of a neighbourhood area 5.—(1) Where a relevant body(b) submits an area application to the local planning authority it must include— (a) a map which identifies the area to which the area application relates; (b) a statement explaining why this area is considered appropriate to be designated as a neighbourhood area; and (c) a statement that the organisation or body making the area application is a relevant body for the purposes of section 61G of the 1990 Act.

Registration of Neighbourhood Area (3) Must a local planning authority designate a neighbourhood area and must this be the area applied for? (NPPG para 035) “A local planning authority must designate a neighbourhood area if it receives a valid application and some or all of the area has not yet been designated. The local planning authority should take into account the relevant body’s statement explaining why the area applied for is considered appropriate to be designated as such. The local planning authority should aim to designate the area applied for. However, a local planning authority can refuse to designate the area applied for if it considers the area is not appropriate. Where it does so,

Registration of Neighbourhood Area (3) (contd) the local planning authority must give reasons. The authority must use its powers of designation to ensure that some or all of the area applied for forms part of one or more designated neighbourhood areas. When a neighbourhood area is designated a local planning authority should avoid pre-judging what a qualifying body may subsequently decide to put in its draft neighbourhood plan … It should not make assumptions about the neighbourhood plan … that will emerge from developing, testing and consulting on the draft neighbourhood plan … when designating a neighbourhood area.”

Community engagement from the beginning Let’s get on with today’s agenda!