working with planning – neighbourhoods, plans and community rights, mick downs
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Working with Planning: neighbourhoods, plans and community rights
Mick Downs Urban Vision Enterprise Community Interest Company
1. Overview of Neighbourhood Planning
2. Case study: Middleport Self-Build
OVERVIEW OF NEIGHBOURHOOD PLANNING
• Neighbourhood Development Plans - Policy
• Neighbourhood Development Orders - Planning Permission
• Community Right to Build Orders - Planning Permission
Localism Act 2011
Neighbourhood Planning
QUALIFYING BODIES • Neighbourhood Forums (in non-parished urban areas)• Parish and Town Councils
The Localism Act allows local communities to draw up plans for their own neighbourhoods.
NEIGHBOURHOOD PLANS“…..allow local communities to…… say where they think new houses, businesses and shops should go - and what they should look like.” They will set out a vision for an area and planning policies for the use and development of land. They will be about local rather than strategic issues.
What is a Neighbourhood Development Plan?
Economic Environmental Social
Development and use of landLOCALISM ACT 2011 A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan.
Regional Spatial Strategy
Local PlanCore StrategySupplementary DocumentsArea Action Plans
Neighbourhood Development Plans
} Statutory Development Plan
What is the relationship with Local Policy?
Neighbourhood Plans must be in general conformity with strategic local policy
Scope and Content
One policy Comprehensive set of policiesSite allocations
What difference do you want to make?
What in the Local Plan to you want to modify?
No point in just repeating what the Local Plan or national policy says.
Where are the Neighbourhood Plans?
Over 800 Neighbourhood Areas designated so far
• Have appropriate regard to national policy.• Contribute to the achievement of sustainable
development.• Be in general conformity with the strategic policies
in the development plan for the local area.• Be compatible with EU and human rights
obligations
The Basic Conditions
Other Legal Requirements•The draft plan is being submitted by a qualifying body (as defined by the Act).•What is being proposed is a NDP (as defined in the Act).•The proposed NDP states the period for which it is to have effect.•Confirmation that the policies do not relate to “excluded development”· •Confirmation that the proposed NDP does not relate to more than one NA.•Confirmation that there are no other NDPs in place within the NA.
NEIGHBOURHOOD DEVELOPMENT ORDERS Particular development, or type of development
COMMUNITY RIGHT TO BUILD ORDERS Small scale development Housing, business, shops, community facilities, local power generation, changes of use, etc.
National Planning Policy Framework
16. Communities should identify opportunities to use NDOs to enable
developments consistent with their neighbourhood plans to proceed
183. Parishes and neighbourhood forums can use neighbourhood planning to
grant planning permission through Neighbourhood Development Orders
and Community Right to Build Orders for specific development which
complies with the order.
Why use an NDO or CRTBO?
To remove planning restrictions so developments can proceed easier and
quicker.
Community Right to Build will be a benefit to community groups who have a
specific development (either new build or conversion of existing buildings) in
mind but have been prevented from taking this forward due to the red tape
and time consuming processes of the planning system.
Who can use an NDO or CRTBO?
NDOs
“Qualifying bodies” – i.e. parish and town councils, and neighbourhood forums
CRTBOs
Qualifying bodies
or
formally constituted groups of individuals who live or work in the particular area
for which the organisation is established, the majority of whom live in the area.
1. Produce a map identifying the land to which the Order proposal relates
2. Define the development
3. Pre-submission consultation
4. Consultation statement – who, how, issues, response
5. Archaeology statement (if required)
6. Statement on Basic Conditions
7. Submit Order to local planning authority
8. LPA checks that the Order satisfies the relevant tests
9. Independent examination
10.Referendum
Procedure for making an NDO or CRTBO
Is an NDO or CRtBO the Best Option?
Conventional planning application/appeal
Neighbourhood Development Order
Neighbourhood Plan
Planning context - discussions with LPA
HCA support for preparing scheme – preparation, consultation, design
Income generated stays in community
Need to acquire land, capital, etc.
Guidance
Guidance
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