Neighbourhood Planning – Is it Working ? Andrew Towlerton Hellaby Parish Council

What is Neighbourhood Planning Part of Localism Agenda Strong Government commitment Simplification of system – planning seen as being remote and complex Transfer of planning powers In part a response to weaknesses of parish plans 2

Plan Led System The primacy of the development plans established by S54 A of the 1990 Act Decisions should be taken in accordance with the plan, unless material considerations indicate otherwise Broadly Hierarchical –Planning Acts/New National Policy Framework –Regional Spatial Strategy (RSS) –Local Plans (at District/Borough level) and –Neighbourhood Plans /supplementary planning guidance 3

National Planning Policy Framework (NPPF) Local Plan (core strategy and other documents) presumption in favour of sustainable development Neighbourhood Development Plans and orders Parish plan (non statutory) POLICY CONTEXT Regional plans?Duty to co-operate

Part of wider planning changes Abolition of Regional Spatial Strategies (RSS) and a new duty to cooperate Pre application discussions. National Planning Policy Framework (NPPF) Greater Community Involvement & Say Incentivising Development

The end of…….?

And more of this

Neighbourhood Planning Neighbourhood Planning Involves Neighbourhood (Development) Plans statutory development plan forms part of the Local Development Framework Neighbourhood Development Orders grant planning permission for certain kinds of development within specified area Community Right to Build Orders grant planning permission for development schemes

Neighbourhood Planning What is a Neighbourhood Plan? It is about a community using land use and development to deliver somewhere too: work play shop live eat travel park drink

How many 30 approved 70 at examination 120 pre- submission 1008 designated 10

Progress All neighbourhood planning referendums held so far have been successful The average neighbourhood plan –referendum turnout is about 33% and –‘yes vote’ is 88% The Winslow neighbourhood plan has achieved the biggest ‘yes vote’ (98.2%) and the joint highest turnout (59.5%) alongside Woodcote, South Oxfordshire 11

How is the Neighbourhood Plan prepared ? Plan prepared by local communities with council providing support and advice Examined by independent examiner considering fit with local development plan, national policy and alignment with other neighbouring plans – leading to non-binding report Extensive community engagement Neighbourhood Plan Adopted by local authority Process instigated by parish council or Neighbourhood Forum Referendum seeking adoption. Simple majority in favour to progress to adoption - should we agree this neighbourhood plan? Proceed to referendum Legal Compliance Neighbourhood plans must comply with a number of EU Directives (e.g. Environmental Impact Assessment, Habitats Directive) and European Court of Human Rights Local Authority Support Local Authorities must provide support and advice to parishes or forums preparing a plan. Referendum Referendum area can be wider than neighbourhood – if proposals impact on others

Examples of emerging policies EnvironmentEconomy Neighbourhood design guide & place specific design policies Allocation of employment sites Designation of Local Green SpaceProtection of car parks Designation of Local Historic BuildingsRestriction on employment uses i.e. only light industry Protection of gardensDevelopment of workshops Small scale renewable energyEncouragement of working from home Local Habitat DesignationNew retail in town centres Control of advertisements & protection of traditional shop fronts Protection of business uses in village centre

Examples of emerging policies HousingCommunity Facilities Residential uses in town centresProtection of Assets of Community Value Occupation of affordable housingCycle & pedestrian links Car parking spaces in developmentProtection of local shops and pubs Meeting local housing need &Developer contributions to improvement of community facilities Housing for local older peopleNew community facilities Conversion of redundant buildingsDevelopment of community hubs Housing on farmsProtection of community facilities Limit extensions on small propertiesBroadband provision

Emerging Issues Resources How much ? Hard to say ? CLG estimate on average £12-£15K Depends on factors such as Size of area Scope of plan Resources available in the community Support of the Borough/District Council 15

Other Emerging issues –New process and in some ways unchartered territory –Grey areas in the guidance –Conformity Issues –Delays in producing Local Plans/Core strategies –Support provided by local planning authority –‘foot dragging’ by some principal authorities

Choose wisely Parish Plans Village Design Statements Development Briefs

Other Emerging issues –Inconsistency in Examiners findings and interpretation –Treatment on Non Planning Issues –Solid Evidence base –Basic Condition –Probity Issues

Will they make a Difference ? “ Pickles overrules planning inspector to block 111-home development Eric Pickles has overruled his own planning inspector to block a 111-home development in Leicestershire because it conflicts with an adopted neighbourhood plan”.

Will they make a Difference ? “ Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish”….. Larkfllet Homes state"We believe that the Uppingham neighbourhood plan is flawed in several areas and therefore not legally valid” 20

Quick word about Community Infrastructure Levy CIL is set out, and fixed, in a charging schedule To help pay for infrastructure needed to support new development but not to remedy existing deficiencies unless the new scheme will make it worse Councils must spend the income on infrastructure – but parish councils have more discretion Rates can vary by geographic area, use, and size CIL may apply to all permitted development Local Authorities do not have to introduce it

CIL and Parish councils 22

Top Tips Is a neighbourhood plan right for you? What are you trying to achieve? Plan the Plan? Is it enough to be in ‘general conformity’ with the Local Plan? Think about the ‘basic conditions’ from day one Work in partnership with the Local Authority Solid and well documented evidence Knowledge & experiences of other areas 23

Any questions/points