Localism Act Neighbourhood Planning Regulations GRCC Gloucestershire consultation events 29 th and 30 th November 2011 Elin Tattersall

Localism Act Five Key Measures Community Rights Neighbourhood Planning Housing Empowering cities and other local areas General power of competence Elin Tattersall

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 Consultation until 5 th January 2012 Elin Tattersall

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

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

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

Stages for developing a Neighbourhood Development Plan (NDP) 1.Defining the Neighbourhood 2.Preparing the Plan 3.Independent examination 4.Referendum 5.Neighbourhood Plan accepted as legal document Elin Tattersall

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 Elin Tattersall

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

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

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

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

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

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

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

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

Web Links Plain English Guide to the Localism Act: Neighbourhood Planning Regulations Consultation: ningregulationsconsultation ningregulationsconsultation Leaflet- An introduction to Neighbourhood Planning: ng/pdf/ pdf ng/pdf/ pdf E-Flyer: ng/pdf/ pdf ng/pdf/ pdf Elin Tattersall