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Key stages in neighbourhood plan preparation
Bob Keith
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Background to Planning Aid
Part of Royal Town Planning Institute Celebrating 40th birthday this year Help communities engage in the planning process Provides free, independent, professional advice A staff team of 14 people supported by over 700 volunteers Offer two main services - planning advice to people, especially if cannot pay - helping communities engage in plan preparation 2
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Content Aim of the session: a review of the statutory process
identify the key stages in plan preparation assess what progress has been made under each stage and identify where there might be any gaps
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The statutory process for neighbourhood development plans
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Neighbourhood Planning Regulations
NP Community Referendum Independent Check Preparing your Plan Agreeing The Neighbourhood 5 1 2 3 4
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Stage 1 : Agreeing the neighbourhood area
Neighbourhood boundary Application to define the neighbourhood area submitted to the Local Planning Authority (LPA) Publicised by the LPA for 6 weeks If no parish council exists, a neighbourhood forum application must be made Forums must have at least 21 members; have a written constitution; and be open to all who live, work or do business in the area
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Stage 2 : Plan preparation
What needs to change? What’s bad? What’s good?
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Stage 2 – Plan preparation
This involves: - inclusive community engagement - building an evidence base - site assessment and allocations - the writing of policies and proposals - sustainable appraisal/strategic environmental assessment Must include a formal 6 week consultation period to publicise draft plan and consider responses Publicise to all who live, work or carry out business
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Stage 3 – Independent check
Plan then formally submitted to the local planning authority It must include: the proposed neighbourhood development plan a map or statement identifying the neighbourhood area a consultation statement explain who and how people and organisations were consulted, any issues and concerns raised, and how these were addressed a statement explaining how the plan has met the ‘basic conditions’ e.g. had regard to the Framework and generally conforms with strategic planning policies in Local Plan
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Stage 3 – Independent check
Council publicise proposals for 6 weeks and invite comment Independent examiner appointed (paid for by local authority) Examiner will check met basic conditions: - has regard to NPPF and strategic elements of Local Plan - compatible with EU and human rights obligations Consider representations and possibly hold a public hearing Examiner could recommend go to referendum, suggest modifications, or refuse 10
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Stage 4 – Referendum If acceptable, the council will then publish examiners report and the decision to put plan to a referendum (6 weeks) Local council will organise (and pay for) the referendum Examiner may recommend who entitled to vote May also have been previously agreed that it is a business area and there will then be a second referendum accordingly A majority of people voting must support the plan Underlines the importance of securing community support from the outset! 11
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The community referendum question
“Do you want Stratford-on-Avon District Council to use the neighbourhood plan for Welford-upon-Avon to help it decide planning applications in the neighbourhood area?”
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Stage 5 – Make a plan The local planning authority publish decision to ‘make’ the plan and available for inspection Must publicise their decision for 6 weeks Plan then part of the statutory development plan for the area A basis for determination of planning applications and appeals 13
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Key stages in plan preparation
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Plan preparation The key stages leading to submission of a neighbourhood plan: community engagement research and fact finding identifying issues and options creating a vision and objectives drafting policies and proposals assessing sites and potential allocations sustainability appraisal/strategic environmental assessment
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Plan preparation For each stage discuss:
what work has been done to date? what has gone well and why? what has not gone well and why? are there any gaps? does any additional work needs to be done? do you need any further training on the topic?
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Community engagement
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Key challenges to engagement
Steering group needs to be mindful that: the process needs to be inclusive the capacity of the community to engage will vary how community gets its information will vary need to reach silent majority need to get to the hard to reach need on-going communication to keep people in the loop need to balance top down and bottom up!
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Key principles of engagement
Consultation should: be front loaded with an open mind raise confidence and skills of the community raise awareness of what the plan can and cannot do manage expectations be inclusive and accessible to all adopt a systematic approach consider a community engagement strategy construct a profile of the community and key stakeholders adopt creative techniques!
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Community engagement techniques
Activities could include: interactive workshops - displays, post it notes, aerial photos survey, guided walks, mind mapping, model making focus groups - topic specific such as housing or traffic surveys - online questionnaires, paper questionnaires interviews - telephone, doorstep, street corner, outside shops stalls at local events - exhibitions, opportunity to comment social media and the local media using local voluntary groups and community champions public meetings
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Create an audit trail The Consultation Statement needs to include:
details of people and organisations consulted details of how they were consulted summary of main issues and concerns they raised how these concerns were addressed
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Activity Method Used How addressed Who involved Issues/Concerns
How to feedback? Key issues Details 5 December Christmas Fayre Displays about project. Post it note comments on Likes, Dislikes and Improvements 153 people 80Female 73 Male 65+ 6 Parking Road Safety Shopping area Parking at Dukes Street and Butts Lane Crossing at King Road by school, speeding at River Crescent Appreciation of butcher, chemist, grocer Discussed with Local Council and Highways department Parking audit arranged to check issue over two week period. Community Speed watch investigated Community magazine Community website At public meeting 8 January Public meeting Parish Council meeting presented information gathered at Fayre and took further comments. Minutes of meeting circulated in ‘Village voice’ 43 people attended meeting Every household received magazine Affordable housing Youth facilities Crossings at King Road and New Street Nowhere for young people to live as prices too high Need for improved play area and youth centre Housing Need Survey data looked at for further evidence Letter to be written to youth club and school workshop arranged School assembly 14th – 30th March Survey Household survey and internet survey Copies sent to every household Response of 63% (see appendix A for breakdown). Internet received 75 hits See Appendix A Summer exhibition roadshow 15th June School workshop Year 7,8 and 9 students attended assembly on plan and then split into groups to produce a Planning for Real model 94 people 11-12 yrs 25 12-13 yrs 27 13-14 yrs 32 Staff 10 Skate park, youth shelter Poor design and unused space Local Council to explore grant funds. Working group to progress School newsletter There are different ways you could present your findings. You could present it in chronological order, showing the different ways you consulted, who you consulted and the issues noted. Think about your consultation statement from an early point in the process. It needs to cover: - who was consulted; - how they were consulted; - a summary of the main issues and concerns; - how these issues have been addressed When feeding back findings to the community (and for the group’s consideration) it’s useful to use as many visuals as possible - %’s are hard going to read although the above example is great!
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Key Issues Details Evidence Options Comments Actions
Policy Site proposal or allocation Facilities needed in the town List of issues from the consultation e.g. farm shop, dentists, chiropractor, better Dr’s surgery, bookmakers, bike repair shop etc. Local needs/ aspirations. Corroboration via the public sector agencies? Yes to encourage delivery where need is clear Not unless clear evidence that sites suitable to the exclusion of all others Useful approach to stimulating interest but ultimately the market will decide Consult with local businesses Creation of new and enhancement of existing green spaces and wildlife areas Enhancement of the natural environment. Need to map priorities Planning for real map Yes to ensure protection and provide opportunity to create new esp. in mitigation for new development Yes to identify areas to protect from development Issue of on going management and maintenance Create working group to support maintenance. A1234 Safety Speed, traffic calming, policing Road safety statistics Yes Possibly Viability, land ownership, engineering acceptability. Need to ensure a deliverable scheme is possible then the NP facilitates delivery Discuss with Highways Department Car parking Spaces, charging, new car parks Survey results Yes if protecting and or creating new Range of issues. Realistically the NP can only deal with provision of car parking not the management of Search for possible sites for additional parking You could present data by key issue. Ensure that the original data is available.
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Building an evidence base
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What can an evidence base contain?
The evidence base should contain two elements: community engagement – the views of the local community and other stakeholders who have an interest in the future of the area research/fact finding - evidence that the choices made by the plan are supported by the background facts (such as Census data)
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Why develop an evidence base?
Evidence required to demonstrate: that all the information used in the plan is up-to-date and provides a clear picture of the existing ‘state’ of an area that the group has a ‘sound’ neighbourhood plan Failure to produce or use a good up-to-date evidence base could result in the neighbourhood plan not meeting the basic conditions and thereby rejected by LPA and/or examiner
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What should it comprise?
A portfolio of information and documents that support the development of a neighbourhood plan The Framework outlines the evidence base local planning authorities need to consider when developing their local plans (paragraphs ) e.g. - population projections - the scale and mix of housing needed - business needs - infrastructure requirements Some may be relevant to neighbourhood planning
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Local plan evidence base
Strategic Flood Risk Assessment Strategic Housing Land Availability Assessment (SHLAA) Housing Needs Assessment Conservation Area Appraisal Local Services and Facilities Assessment Strategic Housing Market Assessment (SHMA) Existing Monitoring Data (e.g. Annual Monitoring Report) Open Space and Play Pitch Assessment Local Transport Study Landscape Character Assessment
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Identifying issues, options, vision and objectives
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Develop a systematic approach
What are the issues that emerged from the evidence gathering and the community consultation? Amongst the issues, what are the priorities for the neighbourhood plan? Develop a shared vision for the future (a common purpose) What are the objectives to deliver that vision? Develop policies and proposals to achieve each of these objectives Sitting under each policy and proposal is the reasoned justification from your evidence base
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Research and fact finding
Evidence gathering Community engagement Research and fact finding Identify issues and options Create vision Objective Objective Objective Policies and proposals Policies and proposals Policies and proposals Reasoned justification Reasoned justification Reasoned justification
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Drafting policies and proposals
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What is a policy? Policies and proposals are used to determine planning applications and planning appeals The policies will be implemented by planning officers, members of the Planning Committee and planning inspectors Applicants should have regard to them A policy should clearly express what may be permitted or encouraged, or what may not be permitted or discouraged Taken together should express a clear overall strategy and not contradict one another Should distinguish between the policy itself and the supporting reasoned justification
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Key rules Policies should be:
appropriate for a neighbourhood planning document consistent with the Framework and the local plan positively written viable clear and unambiguous in plain English capable of having the desired impact within the timescale covered by the neighbourhood plan based on a robust evidence base
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Key rules Try to avoid: covering every eventuality with lots of ifs, buts and maybes duplicating policies in other planning documents e.g. the Framework and local plan unsupported statements or unsubstantiated perceptions double negatives ambiguous wording e.g. ‘normally’
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Is there a clear link between the policy and evidence?
Policy / Proposal Details Is there a clear link between the policy and evidence? Site Allocations Basic conditions (the examiner’s tests for neighbourhood plans) What evidence supports this policy/ proposal? What does public consultation show? Is there enough evidence Y/N ? Is more work needed? Is the site suitable ? Is the site available? Can it be delivered? In line with national policy (NPPF)? In line with strategic policies of the local plan? Contribute towards sustainable development? Compatible with EU obligations e.g . does it need a SEA ?
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Sustainability Appraisal and Strategic Environmental Assessment
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Sustainability appraisal
A basic condition that neighbourhood plan should help to achieve sustainable development Must demonstrate how plan will contribute to improvements in environmental, economic and social conditions Consideration given to how any potential adverse effects arising from the proposals may be prevented, reduced or offset (known as mitigation measures) Unlike a local plan, there is no legal requirement for a neighbourhood plan to have a sustainability appraisal However it may be a useful approach to demonstrate how plan meets this basic condition
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Strategic environmental assessment
A neighbourhood plan may require a strategic environmental assessment if it has a significant effect on the environment This happens if the draft neighbourhood plan falls within the scope of the Environmental Assessment of Plans and Programmes Regulations 2004 This may be the case, for example, where a neighbourhood plan allocates sites for development The steering group must consider the environmental implications of its proposals at an early stage and seek the advice of the local planning authority (i.e. to have it screened) If required, it could be a major piece of work
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Contact Details Neighbourhood Planning Support: Advice Line: Internet:
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