Neighbourhood planning Paul Lavelle 22 October 2012

Localism Act, 2011 Neighbourhood Plans must be “in general conformity with the strategic policies of the Local Plan” NPPF, March 2012 “Neighbourhood 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

The Government’s 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

Process: timescales Application for designation of neighbourhood area Publicising an area applicationmin 6 weeks Publicising the designation of a neighbourhood areaASAP Application for designation of Neighbourhood Forum Publicising a Forum applicationmin 6 weeks Publicising (if applicable) the designation of a Neighbourhood ForumASAP Drafting NDP – outreach, engagement, workshops, evidence gathering, technical reportsno time limit ‘Screen’ whether SEA is required and ‘scope’ with statutory bodies5 weeks Pre-submission consultation and publicitymin 6 weeks Produce and consult on SEA Report (if required)6 weeks Submission of plan proposalN/A Publicising the plan proposal, inviting written representationsMin 6 weeks Appointment of independent examinerNo time limit Submit plan for examination; forward written representations to independent examinerASAP Assessment of plan against the ‘basic tests’ by written representations and/or public hearing if examiner considers it necessary to do so. Production of examiner’s report. no time limit Publication of the examiner’s report and plan proposal decisionsno time limit Decision on a plan proposal, including modifications in light of examiner’s reportno time limit Organise referendumno time limit Publicising adoption of NDP as part of the development plan for the local authority areaASAP

Vision and spatial strategy for the area – places/communities that may 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

1. Define local character, and what should be protected, 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

Upper Eden draft NDP Reasoned justification Intention (objective) Policy 27 parishes 7 policies only 20-page document Draws heavily on Eden Local Plan policies

Thame draft NDP 25 objectives 63 separate policies 84-page draft – very detailed! Policies on: Housing Working & shopping Getting around Leisure & well-being Environment & sustainability Place-making & design quality The vision… Thame must: continue to feel ‘compact’ continue to have a close relationship with the open countryside around it retain its markets continue to act as a centre for the surrounding area not just its own residents remain attractive to its visitors

Thame draft NDP

Thame draft NDP – key areas for pedestrian/cycle improvement

Thame NDP – site development briefs

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

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 examiner’s report and also satisfy itself that the Plan meets the basic conditions Examiner checks the ‘basic conditions’

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 (what’s likely to be implemented?) Issues you can continue to monitor and control... Issues you rely on others to manage, deliver, monitor Representing all views OR seeking a majority (accepting that some won’t agree) A package of measures you believe is right for the place OR A package most likely to get through an Examination and Referendum The big decisions? Finding the right balance

Questions?

4 th Commencement Order – 6 April 2012 brought in all neighbourhood planning 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 Progress on Legislation

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, water management, 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 is unlikely 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 included in 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 authority’s invitation to engage in the consultation.