Neighbourhood Planning Workshop

1. Neighbourhood Planning Workshop Alison Blom-Cooper www.pas.gov.uk

2. Welcome and Introductions

3. Housekeeping

4. Objectives • To explore the key issues around neighbourhood forum and area designation • To provide a greater understanding of the role of LPAs in ‘advice or assistance’ • To explore key issues for authorities to support plans through examination and to/through a referendum • To share learning and develop practical advice on examinations and referendum • To understand the role of different services within the authority

5. Agenda – morning 09.45 Welcome and introductions 10.00 Presentation Forum/Area designation 10.15 Roundtable discussion – issues/actions for forum/area designation 11.00 Plenary session – feedback from groups 11.15 Coffee 11.45 Presentation: Advise or assist – what does it mean? 12.45 Plenary session – feedback from groups 13.00 Lunch

6. Agenda – afternoon 13.45 Presentation from CLG on examination and referendum 14.15 Roundtable discussions exploring issues on examination and referendum 15.30 Tea/Coffee 15.45 Plenary session – feedback from groups, questions and answers 16.15 Key issues for future meetings 16.30 Close

7. Area/forum designation

8. Area/Forum Designation Two key responsibilities for LPA’s • Designating the area for the NDP • Designating a neighbourhood forum (where relevant)

9. Area applications • Parish council area • Parish area and part of unparished area • Multi parish area • Business area where predominantly business operations • Non parish area (neighbourhood forum)

10. Neighbourhood Forums • Existing community groups or new group • Formally designated • Meet conditions: membership, aims, open, written constitution and representative

11. Issues • Can applications to designate areas/forums be dealt with at the same time? • How do you assess representativeness? • What happens if Parish/Town Council doesn’t want a plan? • How should cross boundary areas be progressed? • What happens if there is overlap? • How should boundaries be drawn?

12. Questions?

13. Workshop – area/forum designation

14. Workshop Part 1 - identify the issues Part 2 – identify potential solutions, and what you need

15. Feedback • Top 3 issues/actions from each group • Questions

16. Tea/Coffee • Restart at 11.45

17. Advise or assist – what does it mean?

18. Advise or assist • Where does it come from? • What does it mean? • What are the key issues? • How will it be funded?

19. Where does it come from? Schedule 4B (Neighbourhood Planning), TCPA 1990 • LPAs must give advice or assistance to facilitate the making of plans • No requirement to give financial assistance

20. What does it mean? Two distinct areas of responsibility: • Obligations placed on Councils through primary legislation and subsequent regulations; and • Additional ‘hands on’ help that a Council may give to groups preparing neighbourhood plans.

21. What does it mean? • Sharing evidence and information on planning issues • Helping with consultation events • Providing advice on assessments and evidence • Providing advice on national and local plan policies with which the Neighbourhood Plan or Neighbourhood Development Order will need to fit • Helping communities communicate with external partners

22. What does it mean? Examples • Assistance in developing a vision and objectives • Guidance to ensure compliance with strategic policies in the Local Plan • Support in establishing key issues to be addressed • Assistance in agreeing a process • Assistance in agreeing a format for the Plan • Support in establishing a work or task programme

23. What are the key issues? • Consistency of approach • Proportionality – not all plans require the same degree of assistance. E.g. limited policies • Accessibility/clarity – identify what support is available and what is expected of other actors • Manage expectations

24. How will it be funded? DCLG letter to chief planning officers – 18 December 2012 • This financial year – up to £50k for area designations, up to 10 per LPA • 2013/14 – up to £100k for area designations, up to 20 per LPAS

25. Questions?

26. Workshop – advise or assist

27. Workshop Part 1 - identify the issues Part 2 – identify potential solutions, and what you need

28. Plenary • Report back on top 3 issues/solutions • Questions?

29. Lunch • Restart at 13.45

30. DCLG presentation – examination and referendum

31. Neighbourhood Planning Referendums

32. Context – the Electoral Landscape There are an increasing number of elections: • European elections • General elections • Local Elections • Mayoral Elections • London Mayoral Elections • Parish Elections

33. Recent new commitments Since May 2010, there have been additional commitments: • Police and Crime Commissioners (PCCs) • Referendums for elected mayors • Elections for those mayors

34. Context – administration of polls • All polls administered by Local Authorities • Appoint an officer of the council to be the Returning Officer for elections to their authority.

35. Neighbourhood Planning Referendums: The Basics • Localism Act requires a majority of the community to support the Plan in a referendum. • Principle that the community is in the driving seat. • Referendum will give everyone in the community the opportunity to have their say. • The referendum result will be binding on local authorities.

36. Key Steps and Local Authority Role Gives early indication of likely referendum area The community wants to shape the growth and development of where they live The community applies for a neighbourhood area to be designated Must consider and make recommendation on whether the area for the referendum should extend beyond the neighbourhood area If no parish or town council, a neighbourhood forum is designated Work up details with the community andconsult consultees as appropriate Submit proposals to the local authority Independent Examination Relevant council arranges for referendum/s to be held. Local authority checks proposals Referendum / s Consider independent examiner’s report and agree the referendum area Make a plan or order Challenge process set out in Localism Act - by judicial review, 6 weeks beginning day on which referendum result declared

37. Referendums Area • The Government has not prescribed the boundaries neighbourhoods should be set at. • Neighbourhood areas are based on natural neighbourhoods not administrative boundaries. • The local planning authority must consider whether an area should be designated as a business (neighbourhood) area.

38. Neighbourhood Planning (Referendum) Regulations 2012 • Came into force 3 August 2012. • Set the detailed rules to be followed when conducting a neighbourhood planning referendum.

39. Information statement • Information statement and the specified documents published on website. • Details of the referendum. • Specified documents. • A statement that sets out general information as to town and country planning (including neighbourhood planning) and the referendum.

40. Referendums in Business Areas • Areas designated as business areas have an additional referendum. • Non-domestic ratepayer votes. • One vote per non-domestic rate-payer. • Therefore in business areas there are two referendums. • Majority of support needs to be achieved in both the residential and the business. • Amendments to the Neighbourhood Planning (Referendum) Regulations 2012 expected to come into force from April 2013.

41. Business voting – points to note • A business register has to be developed. • Voting by means of named voter (effectively, a proxy). • Longer process to accommodate registration. • Remaining timetable mirror residential referendums.

42. Referendums - Key issues • Roles and responsibilities. • Novel boundaries for elections bring challenges. • Decision on when to hold the referendum is for the local authority. • Cross boundary working brings specific challenges.

43. Neighbourhood Planning Gareth Bradford Decentralisation and Neighbourhood Planning DCLG

44. 1. Summary • Fundamentals of neighbourhood planning • Examination • Basic Conditions

45. 2. Neighbourhood Planning and Growth “We are clear that local people - and local authorities - must be at the heart of planning. The Localism Act has put the power to plan back in the hands of communities, but with this power comes responsibility: a responsibility to meet their needs for development and growth, and to deal quickly and effectively with proposals that will deliver homes, jobs and facilities.” Eric Pickles, 6 September 2012

46. Influence and Infrastructure “When people know that they will get proper support to cope with the demands of new development; when they have a proper say over what new homes will look like; and when they can influence where those homes go, they have reasons to say “yes” to growth.” Greg Clark MP, 18/11/10

47. 3. Key Principles of Neighbourhood Planning • A new tier of the planning system • Powerful tools with appropriate safeguards • Part of a broader package of community rights • Partnership working and collaboration • LPA role is different – facilitator, advisory, critical friend • Flexibility is key • Parish councils and designated neighbourhood forums • A new right; not a legal requirement • Not about stopping development happening but shaping and influencing design, location, mix, phasing and delivery of development

48. 4. The process and Basic Conditions • A staged system • Neighbourhood Area Designation • Neighbourhood Forum Designation (Consents in Multi-Parished) • Pre-Submission Consultation • 6 week time periods • Submission Publicity • Independent Examination • Examiner’s Report • Decision to Proceed to Referendum • Referendum • Making the Plan/Order (NOT ADOPTING!)

49. A community applies for a neighbourhood area to be designated If there is a parish or town council, they take the lead If no parish or town council, a neighbourhood forum is designated Work up details with the community and Consult statutory consultees as appropriate The local authority can help here Submit proposals to the local authority LPA to advise on general conformity with Local Plan and when/which statutory consultees to involve • 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 Independent Examination Local authority checks proposals A simple majority is required here Community referendum Make a plan or order

50. Scope of Neighbourhood Planning • Development and use of land – very flexible! • Potentially within a broader neighbourhood strategy for an area • Not excluded development • Full or outline planning permission • Only one neighbourhood plan per neighbourhood area; but more than one NDO • Proportionate evidence based requirements – only have to meet the basic conditions • Impacted by lots of local circumstances – e.g. new evidence which challenges outdated development plan policies, local housing market, local plan situation, impact of plan on environment, landowner support etc. • use the opportunity of preparing a neighbourhood plan to discuss the community’s priorities for infrastructure expenditure