Putting Together a Neighbourhood Plan

Transcription

1 Putting Together a Neighbourhood Plan Dave Chetwyn Managing Director, Urban Vision Enterprise CIC Planning Adviser, Locality Vice Chair, National Planning Forum Chair, Historic Towns Forum

2 Overview of Neighbourhood Planning

3 Neighbourhood Planning Neighbourhood Development Plans Neighbourhood Development Orders Community Right to Build Orders Policy } Planning Permission

4 Planning Policy National Policy and Guidance Local Plans Core Strategy Supplementary Documents Area Action Plans Development Plan* Neighbourhood Development Plans}Statutory *In Greater London, there is also the London Plan

5 Scope of Neighbourhood Plans Economic Social Environmental

6 Scope and Content One policy Comprehensive set of policies 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 says.

7 The Basic Conditions 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 obligations and Human Rights. In addition, NDOs and CRtBOs must have regard to the protection and enhancement of listed buildings and conservation areas.

8 Project Plan What When (timing) Who Cost

9 Getting Started

10 Neighbourhood Area

11 Determining the Area What is a neighbourhood criteria? Publicise the process Core neighbourhood / optional areas Speak to people in different parts of the area Contact local groups Discuss with local authority Identify clear physical boundaries Consult

12 Possible Approaches Resident association area(s) High Street/local centre and environs Housing estate Village/settlement University and environs Town centre/city centre Administrative boundaries Conservation area Business park

13 Getting the Area Designated Submit: map of area statement explaining the area statement that the body making the application is a qualifying body (a parish council or prospective neighbourhood forum

14 Business Areas Designated by local authority Area has to be wholly or predominantly business in nature Allows business people to vote in referendum

15 Qualifying Bodies Town or Parish Council Neighbourhood Forum (areas with no parish council) 5 Year duration

16 Requirements for a Neighbourhood Forum Express purpose of promoting or improving the social, economic and environmental wellbeing of an area that consists of or includes the neighbourhood area concerned Purpose reflects the character of the area in general terms. Membership open to: People living in the area People working in the area Elected members for the area Minimum of 21 members from above groups Reasonable steps to secure one of each. Membership drawn from different places in the area and different sections of the community.

17 Getting the Forum Designated Submit: name of proposed neighbourhood forum; a written constitution; name of neighbourhood area and map; contact details one neighbourhood forum member; statement that the neighbourhood forum meets legal requirements

18 Duty to Support Making data and maps available. Identifying key local strategic policies from the Local Plan. Advising on relevant national policies/guidance Sharing information on key contacts, stakeholders, etc. Making available venues and helping to arrange community engagement activities. Checking the plan prior to formal submission. Providing professional/technical support, such as assistance in laying out and illustrating a plan and writing plan policies. Providing members for neighbourhood forums or more informal working groups. Setting up a neighbourhood planning web page on the local authority s website.

19 Democratic Perspectives

20 Democratic Legitimacy Parish/Town Council Elected Body Election every 4 years on wide range of issues Neighbourhood Forum Self-appointed body Need to include 21 people living or working in the area or elected members Community Engagement (Broad range of issues and detail) Referendum (Yes/No on entire plan)

21 Engaging with the Community

22 Statutory Requirement Publicity and Consultation Publicise the neighbourhood area (6 weeks) Publicise the neighbourhood forum application (6 weeks) Pre-submission consultation (6 weeks) Submission of plan publicity (6 weeks) Referendum

23 Why Community Engagement is Important Statutory requirements (including in Localism Act) Developing political consensus Developing the evidence base (front loading) Better informed outcomes (community know their own place best) Realistic and deliverable plans/policies Maintaining public confidence and support Avoiding conflict, delay, cost Democratic deficit

24 Gunning Principles 1. Consultation must take place when a proposal is still at a formative stage. 2. Sufficient to allow for intelligent consideration and response. 3. Adequate time for consideration and response. 4. Product of consultation must be conscientiously taken into account.

25 Profile and Awareness Raising

26 Local Partnerships Third Sector disabled, BME, aged, civic, environment, etc. Private Sector chamber of trade/commerce,major employers, etc. Education School council, university, etc. Public sector councils, health bodies, etc.

27 Consultation Comes First!

28 Capacity Building Everyday Experience Specialist Knowledge Minimal Capacity Building Intensive Capacity Building

29 Participation or Tokenism Outcomes

30 Access to Specialist Support/Enabling

31 Relevant, Stimulating and Fun!

32 Being Realistic Managing Expectations Planning

33 Targeting

34 Accessible Timing Media Location Format Unintimidating

35 Feedback

36 What Not to Do 200 Page stand-in-the-library Talking at people at a public meeting Consultant producing options then consulting Publish-and-defend! Boring-people-to-a-point-of-unconsciousness Assuming people-are-too-stupid to contribute Outcomes-predetermined (tokenism).

37 Evidence Base

38 Why is the Evidence Base Important? Understanding the area Identifying issues Identifying need Identifying trends Identifying pressures Informing policy and proposals Making realistic assumptions

39 Things You Need to Know Demographic current and trends Socio-economic data and trends Environmental issues flooding, air quality, etc. Designations (heritage, landscape, wildlife, etc.) Transport services, capacity, usage Infrastructure capacity, fitness for purpose, need Housing stock (type, tenure, condition), need Land uses, development sites

40 Building the Evidence Base Proportionate approach Don t get overwhelmed! Recent and robust Use Local Plan evidence base Seek help Involve other organisations

41 Existing Evidence The Local Plan or LDF, including core strategy Other local authority plans and strategies Socio-economic data (e.g. census) Technical reports (land, flooding, etc). Transport studies Strategic Housing Market Assessments Strategic Housing Land Availability Assessments. Conservation area appraisals Buildings-at-risk surveys and Landscape character studies. Statutory list (listed buildings and scheduled ancient monuments) Details of other environmental protection designations (TPOs, SSSIs, etc.) Plans from other public bodies or statutory undertakers. Community plans, parish plans and village design statement. Libraries, archives, web sites.

42 Neighbourhood-Level Evidence Economic Business surveys Vacancy / floorspace survey Available sites survey Land values Infrastructure Transport linkages Stakeholder engagement (statutory undertakers, schools, etc.) Transport capacity analysis Traffic / pedestrian flow surveys Social/Community Housing needs survey Housing condition survey Audit of community facilities Building for Life Assessment Environmental Place-check Heritage audit Conservation Area Appraisals Local Lists Urban Design Analysis Open space survey & analysis

43 Planning Policies

44 Economy & Employment

45 Town Centres, Local Centres & Retail

46 Housing

47 Transport

48 Urban Design

49 Historic Environments

50 Natural Environment and Green Space

51 Writing the Plan

52 Plan Template Introduction purpose, status, monitoring, review, time period Area general characteristics and issues Vision / aims Summary of process evidence base, community engagement, etc. Development management - planning policy & site allocations

53 Other Possible Documents Background Document Consultation outcomes analysis of evidence site selection criteria Supplementary Document Non-planning matters

54 Vision and Aims Vision without action is a daydream. Action without vision is a nightmare. Japanese Proverb Vision without action is a dream. Action without vision is simply passing the time. Action with Vision is making a positive difference. Joel Barker

55 Developing Vision and Aims What is the area s USP? What will help to build on this? Strengths, weaknesses, opportunities, threats How can strengths and opportunities be exploited? How can the area deal with weaknesses and threats? What issues have been identified? Where do you want to be in 10 years?

56 Writing the Plan Relate policies and proposals to the plan s vision and aims Concise is often best Be clear which parts form the neighbourhood plan proposal Consider whether the policies will deliver the Community s aspirations Get the policies checked if possible Use clear, plain, unambiguous language Avoid over-complex language and jargon Discern between must and should

57 Site Allocations Clear methodology Site selection criteria Transparent process

58 The Basic Conditions

59 The Basic Conditions 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 obligations and Human Rights. In addition, NDOs and CRtBOs must have regard to the protection and enhancement of listed buildings and conservation areas.

60 Considering EU Directives Sustainability Appraisal (SA) is not required. Local Planning Authority should screen the plan for Strategic Environmental Assessment (SEA) required where significant environmental effects. Local authority should consider requirements under Habitats Directive (HRA). Screening best done from an early stage in plan preparation. Useful to do an equalities impact assessment (human rights).

61 NPPF and Sustainable Development Key theme of National Planning Policy Framework Sustainable means ensuring that better lives for ourselves don t mean worse lives for future generations. Development means growth. So sustainable development is about positive growth making economic, environmental and social progress for this and future generations. The planning system is about helping to make this happen.

62 Strategic Local Policy Local planning authority should identify strategic local policy Growth allocations Key policies strategic importance Key site allocations Probably not detailed policies e.g. housing standards and design

63 Bringing the Plan into Force

64 Pre-Submission Consultaton 6 weeks Consider responses Modify the plan

65 Submitting the Plan Map of neighbourhood area Plan proposal Consultation Statement Statement on how the plan meets the requirements of Paragraph 8 of Schedule 4B to the Town and Country Planning Act 1990, as amended by the Localism Act 2011 (basic conditions statement)

66 Consultation Statement People and organisations consulted How they were consulted Summary of main issues and concerns How these issues and concerns were addressed. Focus is on the statutory consultation but useful to refer to earlier community engagement and consultation.

67 Basic Conditions Statement Basic Conditions: 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 obligations. 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 neighbourhood area. Confirmation that there are no other NDPs in place within the NA.

68 Local Authority Responsibility Check statutory process Neighbourhood area designated Neighbourhood forum designated Pre-submission consultation Publicity (6 weeks) Organise independent examination Make modifications (meeting the basic conditions) Arrange referendum

69 Independent Examination Undertaken by an experienced and qualified person appointed by local planning authority - agreed by parish/town council or neighbourhood forum Presumption for written representations but can be a hearing too. Can request further information if thinks plan may trigger EC Directives.

70 Independent Examination Considers: Whether the plan meets the basic conditions. Whether the plan meets legal requirements. Whether the voting area should extend beyond the neighbourhood area.

71 Possible Recommendations Proceed to the Referendum Modifications before proceeding to the Referendum Don t proceed to the Referendum Referendum to include people beyond the boundary of the neighbourhood area

72 Modifications Examiner s report NOT binding Local planning authority amends plan Can only amend to meet basic conditions Community can withdraw plan

73 Referendum 28 days notice required Separate business ballot if business area More than 50% Yes vote required Limits on expenditure Public bodies/public money can not promote yes vote

74 Summary

75 Key Points Statutory development plan use and development of land. Parish/community-led you produce the plan and decide on scope Foundations robust community engagement and evidence base Useful to have clear aims (and vision?). Policy should be clear, concise and unambiguous. Must meet the Basic Conditions. More than 50% vote required in referendum. A neighbourhood plan is a means to an end think about delivery.

76