Neighbourhood Planning Neighbourhood Planning W hat I w ill cover - - PDF document

1

Neighbourhood Planning Neighbourhood Planning W hat I w ill cover

• Myth busting – the facts
• What are the challenges of developing a

Neighbourhood Plan in Leeds?

• What is your role? What is the Council’s role?
• Is a Neighbourhood Plan the right “tool” for your

community? What are your alternatives?

• Leeds – A track record of “neighbourhood” plans
• What is the current planning policy for your area?

How does this impact on the timetable for producing a Neighbourhood Plan?

2

Neighbourhood Planning

• Must be about development or use of land
• Must be prepared by a Parish/ Town Council or a

Neighbourhood Forum,

• Minimum 21 members who live in the

neighbourhood; with a written constitution

• nly one per neighbourhood
• Area of the neighbourhood plan (whole or part of a

parish) needs to be specified. LPA has to approve the area

Neighbourhood Plans

Neighbourhood Planning

• Can not stop development already

allocated or permitted in the Leeds UDP; Core Strategy or Site Allocations DPD

• Can not propose less development than

that identified in the Local Development Plan

• Can not propose policies contrary to the

Council’s strategic policies or National Policies

• Can not propose development which

would breach other legal requirements, such as EU Regulations.

Neighbourhood Plans

3

Neighbourhood Planning, relationship to CI L…

The Localism Bill will allow LPAs to levy a charge on development so that contributions to the costs of providing the infrastructure needed to support the development are made. The Community Infrastructure Levy would require a m eaningful proportion to be passed to neighbourhoods where the development that gave rise to them took place.

Neighbourhood Plans

“Communities that accept new development will be able to decide for themselves how the demands placed on their area are best addressed. Spending resources close to where development takes place will help change attitudes towards development, particularly when neighbourhoods see that the needs arising from development are being directly met and with meaningful control over the funds placed with the community itself”.

DCLG Consultation on Community Infrastructure Levy - Detailed proposals and draft regulations for reform, Oct 2011

Neighbourhood Planning, the m yths…

Neighbourhood Plans

Myth 1 – A neighbourhood Plan can be used to prevent new development in an area…

False: the draft NPPF states that all plans should be based upon and contain the presum ption in favour of sustainable developm ent. NP to support strategic development needs (Leeds UDP and emerging Core Strategy/ Site Allocations) and plan positively to support local development, with the power to promote more development than is set

• ut in the Local Plan.

Myth 2 - without a Neighbourhood Plan you will be left vulnerable to development pressures… .

False: development will be guided by the Leeds UDP (saved policies); Core Strategy and Site Allocations DPD…

But – Neighbourhood Plans can influence Site Allocations in your

area and help set out how CIL should be spent in your community.

4

Neighbourhood Planning, Challenges

Neighbourhood Plans

The process of preparing Neighbourhood Plans is proposed to be ‘light touch’, however:

• Independent examination will have increased

evidence base requirements

• As a statutory plan there are increased regulatory

and legal requirements

• A referendum will be required
• No certainty on direct funding, though the

Government has allocated £3.2m nationally to fund expert groups to give free advice.

Neighbourhood Planning, Resources…

Neighbourhood Plans

• Cost – must be met by Parish/ Town Council or Neighbourhood
• Forum. No requirement for LPA to offer financial assistance.

Estimates between £17 -200k depending on scale and detail

• Resources – intensive and demanding for volunteer time
• Time -

Plans may take a year to complete, Leeds experience

• n average a VDS or NDS takes 2-3 years
• Cost vs Time -

consultancy costs; availability of fundraising before commencement and volunteer time will all affect production time

5

Neighbourhood Planning, W hat are the roles?

Neighbourhood Plans

Parish/ Tow n Council; Neighbourhood Forum Role

• Identify the need to prepare plan/

apply to be a Neighbourhood Forum

• Identify key issues & collate evidence
• Consult and engage
• Prepare documents/ plans
• Site details; NDO; infrastructure priorities
• Submit plan for independent

examination – 3 key tests:

• regard to National Policy / NB NPPF presumption

in favour of sustainable development

• ‘general conformity’ with Local Plan
• Compatible with EU obligations and human

rights requirements

Local Authority Role

• Agree neighbourhood boundary
• Designation of Neighbourhood

Forums

• Duty to support – ensure

compliance with EU directives and guidance on Local Plan

• Fund examination
• Fund and undertake referenda's
• Duty to adopt - plans get

statutory status and becomes part

• f the “development plan”
• Uncertainty - until the detail of the process and the real

implications are outlined in legislation anticipated Spring 2012

• Anticipated complexities and dilemmas - maybe some

frustration at the constraints imposed by the "development and use of land only" limit on content.

• A Neighbourhood Plan won't be for everyone. Parish & Town

Plans, VDS, NDS still available

• Neighbourhood Plans are only part of a w ider toolkit

available to com m unities in Leeds.

Neighbourhood Planning … I s it right for you?

Neighbourhood Plans

6

Neighbourhood Plans National Policy Com m unity Right to Build I ncentives – New Hom es Bonus/ CI L Local Plans ( LDF) N’hood Dev’t Orders Parish/ T. Council Plans VDS/ NDS/ CAA Com m unity Right to Buy

Leeds track record & approach

Neighbourhood Planning complements existing community-led planning prepared through:

• Parish Plans
• Village/ Neighbourhood Design Statements
• Conservation Area Appraisals
• Community Plans (e.g. New Wortley)

Existing commitment in Leeds on community planning matters:

• Statement of Community Involvement (SCI)
• Community Planners and Locality Officers
• End-to-end planning process - preparation of planning briefs/ master

plans; pre-application and consultation leading to determination of a planning application.

VDS/ NDS/ CAA

Parish/ T. Council Plans

7 Leeds track record & approach, VDS and NDS

• 1 5 adopted, 1 0 in production
• W ho com m issions – the aspirations and ideas are led by

com m unity groups and Parish/ Tow n Councils.

• Use of consultants – local expertise available
• Planning liaison officers and Design Officer support
• Tim escales – allow 2 4 -3 6 m onths
• Approval process - The consultation and adoption

procedure is based on Governm ent regulations and the Leeds City Council Statem ent of Com m unity I nvolvem ent

• Status – Once approved by LCC they are adopted as

Supplem entary Planning Docum ents.

VDS/ NDS/ CAA

Parish/ T. Council Plans

Key aim s of VDS/ NDS in Leeds are not dissim ilar

• Enables communities to analyse and define the value
• f their local environment
• Acts as a ‘tool’ for assessing local character
• Assists the City Council in steering future

development to respond to and respect that character

• Guides smaller changes ("permitted development")
• Scopes local environmental improvements and

supports community initiatives

• Becomes adopted and used by the Council as a

material consideration in planning matters. Do the aim s and objectives of your com m unity fit w ithin existing plans? Do these need updating?

VDS/ NDS/ CAA

Parish/ T. Council Plans

8

EXAMPLE, Chapel Allerton Com m unity

Plan and Design Statem ent, Aug 2 0 1 1

• Sets out a shared vision based on extensive

community engagement - Work started in 2008 - 3000 questionnaires to every home.

• At an early stage - acknowledged need to engage

positively with local service providers – health, education, police and highways, as these bodies play an essential part of com munity life.

• Guides and identifies ways to improve the physical

environment; community priorities and stimulate the local economy

• Supports the Conservation Area Appraisal and

LCC’s detailed design guidance - deliver design excellence and retain and improve the best of the current built and natural environment.

• Supported by LCC City Development Department

and the I NE Area Committee Wellbeing Fund.

VDS/ NDS/ CAA

EXAMPLE, Chapel Allerton NDS –

approach to site developm ent and planning gain…

E.g. Yorkshire Bank Development.

The community consider that any developm ent on the site should take the opportunity to:

• improve areas of public space and

landscaping

• not include any bars/ linked issues of

anti- social behaviour.

• Must have regard to key views from

Harrogate Road

• supports the opportunity for

enhancement of the conservation area and centre in relation to the Stainbeck Corner and creation of public space which could be delivered by way of planning gain (CIL).

VDS/ NDS/ CAA

9 Core Strategy Proposals Map Supplem entary Planning Docum ents Statem ent of Com m unity I nvolvem ent Leeds Unitary Developm ent Plan ( Saved Policies) Developm ent Plan Docum ents - including Site Allocations Neighbourhood Planning Com m unity I nfrastructure Levy

National Policy

Diagram 1 : Relationship betw een Leeds's key planning policy docum ents

Parish/ Tow n Council Plans ; VDS/ NDS; CAA

Current Strategic Plan Context for Leeds…

• There has been an increased focus on the need to adopt Leeds’s

Core Strategy.

• Current timetable anticipates ‘Publication’ consultation Spring

2012 with Examination late 2012 and adoption 2013.

• Leeds is not alone, only 30% of LPAs have an adopted Core

Strategy

• Scale of Leeds and complexity of issues, particularly around

growth agenda and housing strategy.

• In advance of the Core Strategy Neighbourhoods Plans will only

have limited relevance as they will largely be confined to issues relating to existing site allocations in the UDP, but can help shape future allocations and infrastructure requirements.

National Policy Local Plans ( LDF)

10

Current Strategic Plan Context for Leeds…

• Current Core Strategy timetable anticipates ‘Publication’

consultation Spring 2012 with Examination late 2012 and adoption 2013.

• The current timetable for Leeds’s Site Allocations DPD is yet to

be agreed but will follow initial scoping early 2012 and will be dependant on progress of the Core Strategy

• The draft legislation of the Localism Bill will be subject to

changes as it progresses through parliament:

• Royal Assent anticipated in November 2011

National Policy Local Plans ( LDF)

Conclusions

• Leeds has a strong track record of working with communities
• n local planning documents.
• Risks – resources required to respond to the level of interest,

not just from Planning but across LCC directorates

• Uncertainty – legislation is still being amended and will be

supplemented by regulations and guidance.

• The council needs to provide guidance and allow informed

debate to manage communities expectations about what Neighbourhood Plans can and cannot do and be clear on the level of support the council will be able to provide.

National Policy Local Plans ( LDF) Neighbourhood Plans