localism act neighbourhood planning regulations grcc gloucestershire consultation events 29 th and...

Localism Act Neighbourhood Planning

Regulations

GRCC Gloucestershire consultation events

29th and 30th November 2011

Elin Tattersall [email protected] www.grcc.org.uk

mailto:[email protected]

http://www.grcc.org.uk/

Localism Act 15.11.11Five Key Measures

• Community Rights

• Neighbourhood Planning

• Housing

• Empowering cities and other local areas

• General power of competence




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 plansPublished mid October 2011. Consultation until 5th January 2012




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




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.'




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




Stages for developing a Neighbourhood Development

Plan(NDP)

1. Defining the Neighbourhood2. Preparing the Plan3. Independent examination4. Referendum5. Neighbourhood Plan accepted as legal

document




A community applies for a neighbourhood area to be designated

Work up details with the community and

Consult statutory consultees as appropriate

If no parish or town council, a neighbourhood forum is designated

Submit proposals to the local authority

Independent Examination

Local authority checks proposals

Community referendum

Make a plan or order

If there is a parish or town council, they take the lead

The local authority can help here

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

A simple majority is required here

LPA to advise on general conformity with Local Plan and when/which statutory consultees to involve




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?




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




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)




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




CR2Build organisationThe 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




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




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




Modifying/revoking Community Right to Build/Development

Orders/Development PlanAs soon as reasonably practicable, the Local Authority must publish•The modification and the new order containing it•Reasons for revocation


Web LinksPlain English Guide to the Localism Act: www.communities.gov.uk/news/planningandbuilding/2030130

Neighbourhood Planning Regulations Consultation: www.communities.gov.uk/publications/planningandbuilding/planningregulationsconsultation

Leaflet- An introduction to Neighbourhood Planning: http://www.communities.gov.uk/documents/planningandbuilding/pdf/1985896.pdf

E-Flyer: http://www.communities.gov.uk/documents/planningandbuilding/pdf/1985902.pdf


localism act neighbourhood planning regulations grcc gloucestershire consultation events 29 th and...

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