Transcript Localism Act and Neighbourhood Planning

Localism Act
Neighbourhood Planning
Regulations
GRCC Gloucestershire consultation events
29th and 30th November 2011
Elin Tattersall [email protected]
www.grcc.org.uk
Localism Act 15.11.11
Five Key Measures
• Community Rights
• Neighbourhood Planning
• Housing
• Empowering cities and other local areas
• General power of competence
Elin Tattersall [email protected] www.grcc.org.uk
Neighbourhood Planning Regulations
Set out the government’s proposed approach to
• How Neighbourhood Planning will work in
practice.
• Community Right to Build (CRB)
organisations and preparation of CRB order
• Preparing a Neighbourhood Development
Order (NDO)
• Revocation and modification of orders and
plans
Published mid October 2011. Consultation until 5th January 2012
Elin Tattersall [email protected] www.grcc.org.uk
Purpose of the national consultation
• Is the balance right between national
regulations and scope for the local authority
to make necessary decisions at key stages?
• Are the regulations workable and
proportionate to the purpose?
• What support is needed?
Not included in this consultation:
• Development levy powers for local authorities
• Compatibility with EU obligations
• Exact provision regarding referendums
Elin Tattersall [email protected] www.grcc.org.uk
Aim of Neighbourhood Planning
•Allowing Local Communities to shape new
development, deciding where new homes,
businesses, parks, community buildings should
go and what they should look like.
•Optional
•To establish general planning policies for the
development and use of land in a
neighbourhood
•Legally - 'neighbourhood development plans.'
Elin Tattersall [email protected] www.grcc.org.uk
Neighbourhood Plans must..
• Conform to the National Planning Policy
Framework
• Be in general conformity with strategic
policies in the development plan for the local
area
• Be compatible with EU obligations and
human rights requirements
• Pass the test of local support via referendum
Elin Tattersall [email protected] www.grcc.org.uk
Stages for developing a
Neighbourhood Development Plan
(NDP)
1.
2.
3.
4.
5.
Defining the Neighbourhood
Preparing the Plan
Independent examination
Referendum
Neighbourhood Plan accepted as legal
document
Elin Tattersall [email protected] www.grcc.org.uk
A community applies for a
neighbourhood area to be designated
If no parish or town council, a
neighbourhood forum is designated
If there is a parish or town
council, they take the lead
Work up details with the community and
The local authority
can help here
Consult statutory consultees as appropriate
Submit proposals to the local
authority
The examiner is checking
the basic conditions – a
plan or order must:
• have an appropriate
fit with local and
national policy;
• have special regard for
listed buildings and
conservation areas;
• be compatible with EU
and ECHR obligations
Independent Examination
LPA to advise on general
conformity with Local Plan
and when/which statutory
consultees to involve
Local authority checks proposals
Community referendum
Make a plan or order
Elin Tattersall [email protected] www.grcc.org.uk
A simple
majority is
required
here
Consider the stages in developing the
Neighbourhood Plan and the regulations
• Is there the right balance between national
regulation and local flexibility?
• Any pointers to LAs?
• Are timescales reasonable? Any
suggestions?
• Are the regulations workable for
communities?
• Are they proportionate? Why / why not?
• What support will be required (post its) – what
and when?
Elin Tattersall [email protected] www.grcc.org.uk
Neighbourhood Development Order
• Grant planning permission in relation to a
particular neighbourhood area for:
– development specified in the order
– development of any class specified in the
order
• Must have regard to the protection and
enhancement of listed buildings and
conservation areas
Elin Tattersall [email protected] www.grcc.org.uk
Community Right to Build
• Ensures that the benefits of any development
permitted through this order can be kept in
the community
• Provides powers to modify or disapply certain
enfranchisement rights
... so in the CR2Build Order, the community
organisation specifies that it intends to
disapply enfranchisement rights in respect of
the property (or properties)
Elin Tattersall [email protected] www.grcc.org.uk
Community Right to Build
Any successful proposal will need to be from a
community group such as a community
interest company or a community land trust,
etc
Elin Tattersall [email protected] www.grcc.org.uk
CR2Build organisation
The community organisation which applies for
R2Build must have a constitution:
• Allows those who live/work in the designated
area to be members
• 5+ members – live in area- not related
• Individuals who live in the area must control
51% of the organisation’s voting rights
• Objective is to benefit the local community
• Assets can only be sold/developed in way
members consider benefits the community
Elin Tattersall [email protected] www.grcc.org.uk
CR2Build + NDOrders - process
There must be pre submission consultation
and publicity – in same way as NPlans (i.e.
Once developed, publicise the Orders, draft
proposal, how to respond, deadlines).
Must consult with:
• Historic Buildings and monuments
Commission for England
• Any persons whose interests would be
affected by the order
Elin Tattersall [email protected] www.grcc.org.uk
CR2Build + NDOrders - process
• Submit proposal – as per NPlans (i.e. identify
the land, consultation statement, title, how it
meets conditions)
CR2Build – if appropriate- may also need to
add any enfranchisement rights which the
body proposes should not be exercisable
• LA publicises proposal – as per NPlans
• Inspection – as per NPlans
• Referendum – as per NPlans
Elin Tattersall [email protected] www.grcc.org.uk
Modifying/revoking Community Right
to Build/Development
Orders/Development Plan
As soon as reasonably practicable, the Local
Authority must publish
• The modification and the new order
containing it
• Reasons for revocation
Elin Tattersall [email protected] www.grcc.org.uk
Web Links
Plain English Guide to the Localism Act:
www.communities.gov.uk/news/planningandbuilding/2030130
Neighbourhood Planning Regulations Consultation:
www.communities.gov.uk/publications/planningandbuilding/plan
ningregulationsconsultation
Leaflet- An introduction to Neighbourhood Planning:
http://www.communities.gov.uk/documents/planningandbuildi
ng/pdf/1985896.pdf
E-Flyer:
http://www.communities.gov.uk/documents/planningandbuildi
ng/pdf/1985902.pdf
Elin Tattersall [email protected] www.grcc.org.uk