LOCALISM ACT 2011: Implications for Planning & Regeneration

LOCALISM ACT 2011: Implications for Planning & Regeneration Introduced By: Steve Barton, Planning Policy Manager, Regeneration and Planning Policy New Localism Act Seminar: What Does It Mean For Local Voluntary and Community Groups? March 21st 2012

AGENDA • - Key Changes • - Governance • - Development Management • - Plan-Making • - New Planning Tools • - Incentives for Growth and Development • - Challenge or opportunity? • - The Government’s view • - Critics view • - The Unanswered Questions • - Implications for LB Ealing • - Questions and Answers • - Discussion

Governance • Duty to cooperate • Directly elected mayors • More powers for the Mayor of London • Greater local control over business rates • Nationally significant infrastructure projects • More power for cities and other local areas • Community right to bid (assets of community value) • Clarifying the rules on pre-determination

Development Management • Requirement to for developers to consult communities before submitting certain planning applications • Strengthening enforcement rules

Hey Presto! Farmer unveils the ‘illegal’ mock-Tudor castle he tried to conceal behind 40ft hay bales

Plan-Making • Reforms the way local plans are made (or does it?) • Primacy of the development plan is retained • Retains principle of conformity with higher level plans • Abolition (or revocation) of Regional Spatial Strategies (except in London!) • Introduced a new tier of planning at “neighbourhood” level • At the same time the government also plans to introduce a new (and controversial perhaps?) National Planning Policy Framework (NPPF) (to be implemented with effect from Apr 2012?)

Planning Policy Framework in London

Neighbourhood Planning What is a neighbourhood development plan? • “A “neighbourhood development plan” (NDP) is a plan which sets out policies (however expressed) in relation to the development and use of land in a particular area specified in the plan.” • In simple terms, almost anything that uses land and needs planning permission can go into an NDP except minerals, waste, nationally significant infrastructure projects - including any power station or wind farm over 50MW, and major projects requiring Environmental Impact Assessment under EU law.

Neighbourhood Planning Why a community might want to prepare a neighbourhood development plan? • To put in place development policies and proposals which will be able to deliver the neighbourhood’s aspirations for their area. • To put in place development policies and proposals to determine at the neighbourhood level how wider aspirations of the LDF are to be delivered. • To put in place development management policies to ensure that development that takes place respects and reinforces the character or environment of the area.

Neighbourhood Planning How does neighbourhood planning work? • Initiated and led by the community • Not compulsory • Must be in line with national and local planning policy i.e. it happens alongside and does not replace borough wide local planning • About shaping new development, not stopping it. • Becomes part of the planning policy against which applications will be assessed • Prepared following a statutory planning process by a ‘qualifying body’

Neighbourhood Planning What is a “qualifying body”? • Parish Council • Businesses • Neighbourhood Forums

Neighbourhood Planning What is the purpose of a neighbourhood forum? “It is established for the express purpose of promoting or improving the social, economic and environmental wellbeing of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area)”

Neighbourhood Planning How is membership of a neighbourhood forum determined? (b) its membership is open to— (i) individuals who live in the neighbourhood area concerned, (ii) individuals who work there (whether for businesses carried on there or otherwise), and (iii) individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned, (c) its membership includes a minimum of 21 individuals each of whom— (i) lives in the neighbourhood area concerned, (ii) works there (whether for a business carried on there or otherwise), or (iii) is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned, (d) it has a written constitution, and (e) such other conditions as may be prescribed.

Neighbourhood Planning How is an NDP prepared? 1. Define the neighbourhood. 2. Designate the Neighbourhood Forum. 3. Plan prepared by local communities with the local authority providing support and advice on the shape and content of the plan. 4. Extensive community engagement. 5. Validation by the LPA to check that it is in line with the strategic objectives of the Core Strategy.

Neighbourhood Planning How is an NDP prepared? 6. Examined by independent examiner considering fit with a number of EU Directives (e.g. EIA, HRA and ECHR), national policy, local development plan and alignment with other neighbouring plans. 7. Leading to a non-binding report. 8. Proceed to referendum. The referendum area can be wider than the neighbourhood if proposals impact on others. 9. Referendum seeking adoption. Simple majority in favour required to progress to adoption. 10. NDP adopted by local authority.

New Planning Tools • Neighbourhood development orders – grant outline or full planning permission for specified development. • E.g. a neighbourhood want to allow anybody to have a loft extension or outbuilding in the garden. • Community right to build orders - this is a special type of neighbourhood development order. • E.g. Small scale and must relate to a “specified development in relation to a specified site in the specified neighbourhood area”

Incentives for Growth • New Homes Bonus – which commenced in April 2011. It will match fund the additional council tax raised for new homes and properties brought back into use. • Community Infrastructure Levy (CIL) – this is retained but reformed.

Challenge or opportunity? What Government says…. • “Collaborative democracy” • Restore the idea that development can be a force for good, rather than something to be resisted at all costs. • Turning opponents into proponents of growth. • Capturing benefits and incentives.

Challenge or opportunity? What critics say…. • A NIMBY’s charter? • Promoting growth or a drag anchor? • Could lead to an increase in no. of refusals and appeals. • Gives power to local people who may lack relevant professional expertise to plan. • Evidence and local sentiment can pull in opposite directions. • “Cash for permissions” • A postcode lottery?

Challenge or opportunity? What critics say…. “If localism is to thrive more must be done to allow people to participate fairly in the planning process – these Government plans could create a postcode lottery, two tier planning system where cash strapped communities struggle to make their voices heard.” Anna Watson, Campaigner, Friends of the Earth

Challenge or opportunity? The unanswered questions…. • What is the priority? • How do we deal with the huge uncertainty over the shape of the new planning system? • What is a neighbourhood? • Who has a say? • What are the strategic policies in a local plan that a neighbourhood plan must conform to? • Who will be responsible for preparing plans?

Challenge or opportunity? The unanswered questions…. • What should the plan look like? • What is the role of the local planning authority? • How will the independent examination process work? • How much will it cost? • Who will pay for local improvements and services?

Challenge or opportunity? My own evaluation…. • Not a new concept anyway! • Not really so radical - the extent to which local communities are empowered is not perhaps as great as may first appear • The process will be cumbersome (and costly?) • There are a considerable number of checks and balances throughout the process • In any case there are many other (more effective?) tools available for neighbourhood planning

Challenge or opportunity? Existing Tools for Neighbourhood Planning • Various Non-Statutory Tools e.g. design statements • Statutory Tools e.g. development plan documents (DPD) including area action plan (AAP), supplementary planning document (SPD), and conservation area appraisals and management plans. • Using Permitted Development e.g. local development order and Article 4 directions • (See RTPI Information Note, May 24th 2011)

Implications for LB Ealing The Planning Policy Framework • UDP is being gradually replaced by LDF • Currently comprises two separate documents: • - London Plan, July 2011 • - Part of Adopted UDP, 2004 • Development (or Core) Strategy, to be adopted by the Council on April 3rd 2012. • These will be accompanied, in due course, by Development Sites, Development Management and Proposals Map DPDs. • By June 2013, all policies in the UDP will expire.

Implications for LB Ealing Neighbourhood Planning in Ealing • The Council is working in partnership with local business and community groups to develop two complimentary NDPs for two neighbourhood areas in Ealing Metropolitan Town Centre (Ealing Broadway and Environs and West Ealing). • The Council has successfully applied for a government grant from the “front-runner” scheme. • Invite only workshop planned for April 25th 2012.

Questions & Answers? Ok, there is a lot to take in…..can I help? In the event of a further query contact us: Steve Barton bartons@ealing.gov.uk

LOCALISM ACT 2011: Implications for Planning & Regeneration