Neighbourhood Planning & Localism

Neighbourhood Planning

Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and shape the development and growth of their local area. They are able to choose where they want new homes, shops and offices to be built, have their say on what those new buildings should look like and what infrastructure should be provided, and grant planning permission for the new buildings they want to see go ahead. Neighbourhood planning provides a powerful set of tools for local people to ensure that they get the right types of development for their community where the ambition of the neighbourhood is aligned with the strategic needs and priorities of the wider local area.

Local communities can choose to:

• set planning policies through a neighbourhood plan that is used in determining planning applications.
• grant planning permission through Neighbourhood Development Orders and Community Right to Build Orders for specific development which complies with the order.

Neighbourhood planning is not a legal requirement but a right which communities in England can choose to use. Communities may decide that they could achieve the outcomes they want to see through other planning routes, such as incorporating their proposals for the neighbourhood into the Local Plan, or through other planning mechanisms such as Local Development Orders and supplementary planning documents or through pre-application consultation on development proposals. Communities and local planning authorities should discuss the different choices communities have to achieving their ambitions for their neighbourhood.

Step 1: Designating neighbourhood area and if appropriate neighbourhood forum

• Relevant body (parish/town council, prospective neighbourhood forum or community organisation) submits an  application to the local planning authority to designate a neighbourhood area
• local planning authority publicises and consults on the area application for minimum 6 weeks (except for where a local planning authority is required to designate the whole of a parish.)
• local planning authority designates a neighbourhood area within the statutory timescales
• In an area without a town or parish council a prospective neighbourhood forum submits an application to be the designated neighbourhood forum for a neighbourhood area
• local planning authority publicises and consults on the forum application for minimum 6 weeks
• local planning authority takes decision on whether to designate the neighbourhood forum

Step 2: Preparing a draft neighbourhood plan or Order

• Qualifying body develops proposals (advised or assisted by the local planning authority)
• gather baseline information and evidence
  engage and consult those living and working in the neighbourhood area and those with an interest in or affected by the proposals (eg service providers)
• talk to land owners and the development industry
• identify and assess options
• determine whether a plan or an Order is likely to have significant environmental effect
  start to prepare proposals documents eg basic conditions statement

Step 3: Pre-submission publicity and consultation

The qualifying body:

• publicises the draft plan or Order and invites representations
• consults the consultation bodies as appropriate
• sends a copy of the draft plan or Order to the local planning authority
• where European Obligations apply, complies with relevant publicity and consultation requirements
• considers consultation responses and amends plan/Order if appropriate
• prepares consultation statement and other proposal documents

Step 4: Submission of a neighbourhood plan proposal to the local planning authority

• Qualifying body submits the plan or Order proposal to the local planning authority
• Local planning authority checks that submitted proposal complies with all relevant legislation

If the local planning authority finds that the plan or order meets the legal requirements it:

• publicises the proposal for minimum 6 weeks and invites representations
• notifies consultation bodies referred to in the consultation statement
• appoints an independent examiner (with the agreement of the qualifying body)

Step 5: Independent Examination

• local planning authority sends plan/Order proposal and representation to the independent examiner
  independent examiner undertakes examination
  independent examiner issues a report to the local planning authority and qualifying body
  local planning authority publishes report
  local planning authority considers report and reaches own view (except in respect of community right to build orders and proposals for modifications of neighbourhood plans where the modifications do not change the nature of the plan, where the report is binding)
  local planning authority takes the decision on whether to send the plan/Order to referendum

Steps 6 and 7: Referendum and bringing the neighbourhood plan or Order into force

• relevant council publishes information statement
• relevant council publishes notice of referendum/s
• polling takes place (in a business area an additional referendum is held)
• results declared
• should more than half of those voting vote in favour of the neighbourhood plan, the plan comes into force as part of the statutory development plan for the area
• should more than half of those voting vote in favour of the Order, the Order only has legal effect once it is made by the local planning authority.

There are narrow circumstances where the local planning authority is not required to make the neighbourhood plan or Order. These are where it considers that the making of the neighbourhood plan or Order would breach, or otherwise be incompatible with, any EU or human rights obligations (see section 61E(8) of the Town and Country Planning Act 1990 Act as amended).

In respect of proposals for modifications of neighbourhood plans where the modifications do not change the nature of the plan and meet the basic conditions, a referendum is not required. The local planning authority is required to make the modified neighbourhood plan

Conditions to Proceed

The basic conditions that a draft neighbourhood plan or Order must meet if it is to proceed to referendum
What are the basic conditions that a draft neighbourhood plan or Order must meet if it is to proceed to referendum?
Only a draft neighbourhood Plan or Order that meets each of a set of basic conditions can be put to a referendum and be made. The basic conditions are set out in paragraph 8(2) of Schedule 4B to the Town and Country Planning Act 1990 as applied to neighbourhood plans by section 38A of the Planning and Compulsory Purchase Act 2004. The basic conditions are:

• having regard to national policies and advice contained in guidance issued by the Secretary of State it is appropriate to make the order (or neighbourhood plan). Read more details.
• having special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses, it is appropriate to make the order. This applies only to Orders. Read more details.
• having special regard to the desirability of preserving or enhancing the character or appearance of any conservation area, it is appropriate to make the order. This applies only to Orders. Read more details.
• the making of the order (or neighbourhood plan) contributes to the achievement of sustainable development. Read more details.
• the making of the order (or neighbourhood plan) is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area). Read more details.
• the making of the order (or neighbourhood plan) does not breach, and is otherwise compatible with, EU obligations. Read more details.
• prescribed conditions are met in relation to the Order (or plan) and prescribed matters have been complied with in connection with the proposal for the order (or neighbourhood plan). Read more details.

EU obligations

A neighbourhood plan or Order must be compatible with European Union obligations, as incorporated into UK law, in order to be legally compliant. There are 4 directives that may be of particular relevance to neighbourhood planning:

• Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment (often referred to as the Strategic Environmental Assessment (SEA) Directive).
  This seeks to provide a high level of protection of the environment by integrating environmental considerations into the process of preparing plans and programmes. It may be of relevance to neighbourhood plans.
• Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (often referred to as the Environmental Impact Assessment (EIA) Directive).
  Environmental Impact Assessment is a procedure to be followed for certain types of proposed development. This is to ensure that decisions are made in full knowledge of any likely significant effects on the environment and that the public are given early and effective opportunities to participate in the decision making procedures. It may be of relevance to Neighbourhood Development Orders.
• Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora and Directive 2009/147/EC on the conservation of wild birds (often referred to as the Habitats and Wild Birds Directives respectively). These aim to protect and improve Europe’s most important habitats and species. They may be of relevance to both neighbourhood plans or Orders.
• Other European directives, such as the Waste Framework Directive (2008/98/EC), Air Quality Directive (2008/50/EC) or the Water Framework Directive (2000/60/EC) may apply to the particular circumstances of a draft neighbourhood plan or Order.