Neighbourhood planning developing neighbourhoods not paperwork 19 th

Neighbourhood planning: developing neighbourhoods, not paperwork 19 th March 2013 www. pas. gov. uk

Workshop Aim To help councillors understand the Neighbourhood Planning Process (NPP) and their role at the different key stages The workshop will cover: • Introduction to the Neighbourhood Planning • The benefits of Neighbourhood planning for councillors • Understanding the needs of Neighbourhood Planning groups • Role opportunities and skills needed • What you can do to help to develop better NP

Format • Lots of opportunities to ask questions and learn from best practice and each other. • Whenever we refer to a ‘Councillor’ we mean Local Authority Councillor. We may mention Parish Councillors during the day but this session is about the Local Authority Councillor role. • Please complete the evaluation forms provided, we are in the process of updating the PAS Councillor Guide. • Follow up email to be sent providing access to copies of the slides and information discussed during the day. • This workshop is part of a series of support on Neighbourhood Planning. PAS can come out to individual authorities to deliver a tailored session.

Session 1: Introduction to the Neighbourhood Planning process

Session 1: Introduction to the Neighbourhood Planning process • Setting the context: Localism Act, Neighbourhood Planning (NP) regulations, community rights, CIL • Key stages of NP • The role of the Local Planning Authority (LPA) • The role of the neighbourhood Forum (NF) & Parish Council • Support and funding • Q&A

Context • Localism Act 2011 • NP regulations 2012 • Community rights – Community Right to Build – Community Right to Bid – Community Right to Challenge • Section 106 and Community Infrastructure Levy • Neighbourhood Development Plans • Neighbourhood Development Orders

Neighbourhood Plan snapshot Current groups 220 500? Stage Front-runners Active or emerging Groups 22 Published plans for consultation 2 Next referendum (Exeter and Thame) Referendum 1

Progress so far • Upper Eden, referendum passed 7 th March – 90% voted ‘yes’ on a 33. 7% turn-out • Thame and St James’ both now recommended by Inspector to proceed to referendum

National Picture • A variety of neighbourhoods are engaging in neighbourhood planning; north and south, urban and rural. Each with a number of challenges and opportunities that are driving plans.

Neighbourhood planning • Ultimate aim is to give communities more power over development and shift attitudes to local growth • Localism Act introduced new right for communities to draw up a ‘neighbourhood plan (NP)’ • Provided NP is in line with national planning policy, with the strategic vision for the wider area set by the Local Planning Authority (LPA), and with other legal requirements, local people will be able to vote on it in a referendum; • Local authority required to bring NP into force if approved by a majority of over 50%

Neighbourhood planning ‘givens’ • • • Neighbourhood led, intensely local Proportional, light-touch but robust Flexible enough to inspire innovation and creativity Builds on existing evidence & deals with gaps Pro-growth - exploring ways of enabling community supported development • Takes lead from the local plan strategic policy context and interprets locally • New, more equal? basis for partnership work with local authority

Neighbourhood planning characteristics • Community-led vision, framework and set of proposals for guiding future development and growth in a neighbourhood or parish • Plan period similar to local plan • Stimulates and focuses local conversation about the medium to long term future of a community • Often a lot more than just planning • Empowering!

Evidence and community engagement “Effective community engagement and a robust evidence base are the pillars on which a good Neighbourhood Plan will be built. ” (Locality Roadmap) Statutory Requirement Avoidance of Conflict, Cost and Delay Better Outcomes Gaining Support Understanding the neighbourhood

External examination What are the ‘Basic conditions’ for Neighbourhood Plans and orders? They must: – have appropriate regard to national policy – contribute to the achievement of sustainable development – be in general conformity with the strategic policies in the development plan for the local area – be compatible with human rights requirements – be compatible with EU obligations

Key stages of neighbourhood planning Stage 3 Stage 2 Stage 1 Bringing the plan into force Preparing the plan Getting established Source: Neighbourhood Plans Roadmap Guide. Locality http: //locality. org. uk/resources/neighbourhood-planning-roadmap-guide/

Neighbourhood planning process

What can a NP do? A Neighbourhood Plan can propose: 1. More but not less development than in LP 2. Location/type/quantum of development, except for strategic sites i. e. best sites 3. Precise contribution of development towards community infrastructure 4. Higher but not lower Standards for sustainability (social, environmental and economic issues), good design, use of materials, physical access Where these don’t compromise standards in local plan or NPPF!

Qualifying Bodies Non-Parished Areas: • • New body, a neighbourhood Forum with minimum of 21 members and 1 (district or county) councillor. Forum would have to show they have tried to involve a Councillors are ‘allowed’ on to a forum. Reflective of those living or working in the area Community, individual and business presence Statement explaining that the lead body is capable of being a qualifying body Parished Areas: • • • Local Parish or Town Council is automatically lead body Steering group to involve other parties/individuals. A district/county councillor can be ‘invited’ to sit on the steering group by the parish Draft plan needs approval of full parish council District or county councillors can sit on steering group Multi-parish plans for less populated areas with common issues

Fixing the Boundary Parished Areas: • • • Strong assumption neighbourhood area will be the same as Parish boundary Adjacent areas may agree to work together to produce a joint plan Submission to LPA who will publicise and consult Non-Parished Areas: • • • Forum areas can’t overlap Map as starting point Asking residents which neighbourhood they identify with Discretion given to local authorities by the Localism Act to consider whether a proposed neighbourhood area is appropriate is "a broad one". (High Court Judge)

Local Authority ‘Duty to support’ Extent of advice/assistance will be different in each area. It might include: – making existing data and maps available for the evidence base – identifying key local strategic policies from the Local Plan – advising on relevant national policies/guidance – sharing information on key contacts, stakeholders and best practice plan-making activity – making available venues and helping to arrange community engagement activities – checking the plan prior to formal submission to give community confidence – providing technical support, such as assistance in laying out and illustrating a plan and writing plan policies – providing officers for neighbourhood forums or more informal working groups – setting up a neighbourhood planning web page on the local authority’s website.

Neighbourhood Planning Funding LPA support 2013/14 NP group support 2013/15 Pot of 10 m to help councils to ensure their communities are able to finalise their plans Pot of £ 9. 5 m to fund direct support and grant payments up to 2015. Changes that came into effect on 2 January 2013: claim up to a maximum of £ 50, 000 (up from £ 20, 000) for area designations this financial year for up to a maximum of ten Grant payments – up to £ 7, 000 per neighbourhood area, to contribute to costs incurred by the group preparing a neighbourhood plan or order. Changes from 1 April 2013 to 31 March 2014: claim for up twenty designations (£ 100, 000) in the financial year 2013/14. This means that in total you can claim for up to 30 designations over two years. Direct support – advice and support, tailored to meet the needs of supported neighbourhoods. Led by Locality and RTPI Planning Aid.

Plan Implementation • LPAs also receive New Homes Bonus for new housing, this could potentially be spent on NP implementation • Match funding for lottery applications, community right to build feasibility applications and other funding bids • Working with the LPA to work together on capital projects and asset management e. g. taking over the running of open spaces • Qualifying Bodies can claim a percentage of money from the Community Infrastructure Levy • This is known as the ‘meaningful proportion’ • Many groups are beginning to compile Neighbourhood Infrastructure Delivery Plans e. g. Bankside

Plan Implementation - CIL Parish council Neighbourhood Plan X = 25% uncapped, paid to Parish = 15% capped at £ 100 / dwelling, paid to Parish council X Neighbourhood Plan X = 25% uncapped, local authority consults with community = 15% capped at £ 100 / dwelling, local authority consults with community Further details on the operation of neighbourhood CIL will be set out in secondary legislation which the Government intends to bring into force in April 2013

CIL Spending The Localism Act sets out what neighbourhood CIL can be spent on: the provision, improvement, replacement, operation or maintenance of infrastructure - or anything else that is concerned with addressing demands that development places on an area. “If you want to re-roof your village hall, build a permanent home for your community shop, refurbish the municipal swimming pool, implement a new landscape design in your local park or save your local pub, look no further. ” Nick Boles: ‘Housing the Next Generation’ speech on 10 January

Differences between ‘traditional’ and neighbourhood planning • Councillors are accustomed to raising issues with case officers or making representations on behalf of their residents on local plans • By involving themselves in a NP group it allows them to be more pro-active when it comes to planning their area • Neighbourhood Development Orders, Community Right to Build Orders and Neighbourhood Plans do not go through a traidtional planning committee route

Q&A – The mechanics of neighbourhood planning: Panel Discussion • Do you have any questions on the neighbourhood planning process? • The next session will focus on your role as a councillor in neighbourhood planning

Session 2: Why Neighbouring Planning?

Councillor Motivation • • • Quality neighbourhoods Representative democracy Transparent decision-making Community empowerment and development Local needs – surgeries and experience over time – Case load • • Political cycle Joining up services Influencing specific policy Good development

The value for Councillors • Can neighbourhood planning help address longer term Ward concerns more effectively than traditional planning? • Can neighbourhood planning help to deliver manifesto commitments? • Can neighbourhood planning provide a channel for addressing common issues raised in your surgeries?

Community Motivation • Influence over development gain • Bringing service planning and spatial planning together (community strategy – neighbourhood plans) • Bringing key players together • Anticipating the future • Balance of development • Getting the detail right

Examples of motivation for Neighbourhood Planning • • • Long term housing trends (Exeter St. James) Solving neighbourhood-level housing problems (Upper Eden) Maintaining market town character (Thame) Development that meets local needs (Denmead) Rebalancing the local economy (Caterham)

Lunch 12: 30 – 13: 15 pm

Session 3: Skills and knowledge

Roles for Councillors in NP a r rm e Inf o Le ad er al nic r ch te Te erpre int c n E r u o r e g r Media tor cto e n n o C Think about: • Understanding NP process • Identifying current NP stage • Defining support you can offer • How this is resourced

Skills What skills are necessary to support a Neighbourhood Forum/Parish Council? Role Skill/Trait Encourager Enthusiasm, motivation, vision Informer Relating essential information Connector Contacts, good timing Mediator Honest broker Leader Confidence, empathy, inspiration, honesty Technical Interpreter Fact finding, explainer

Key stages of neighbourhood planning Stage 3 Stage 2 Stage 1 Bringing the plan into force Preparing the plan Getting established Source: Neighbourhood Plans Roadmap Guide. Locality http: //locality. org. uk/resources/neighbourhood-planning-roadmap-guide/

Roles for Councillors in NP Stage 1 Informer Getting established joining your parish/town councils or neighbourhood forums when they first form • Understand explain NP process and sources of funding Encourager • Encourage and inform communities wanting to prepare NP and find support on community engagement techniques/generic capacity building Connector Mediator • Talking to potential members amongst community groups, residents associations, business forums; using officer contacts • Mediate where overlapping boundaries/areas; negotiating LPA support

Roles for Councillors in NP Stage 2 Informer Preparing the plan Share and expand your local knowledge and network. • Understand inform help/support needed by community groups • Manage community expectations • Help to promote the plan with the wider community and local areas • Feed in surgery issues & broader policy discussions in council • Ensure the issues identified in a NP are representative of needs on the ground • Work with other ward members to represent the interests of your local areas

Roles for Councillors in NP Stage 2 Leader Mediator Technical interpreter Preparing the plan Share and expand your local knowledge and network. • Work/connect communities, local business, residents, schools, service providers (make sure the full neighbourhood is represented) • Champion your area within the context of the authority’s strategic needs and plans • Mediate to address conflicts between stakeholders on policies to adopt • Finding support on technical skills & interpretation of strategic policy

Roles for Councillors in NP Stage 3 Bringing the plan into force • Getting out the vote; encouraging continued joined Encourager up approaches to delivering • Keep involved and informed stakeholders (e. g. web Informer -based resources) • Check NP draft against legislation Mediator • Talking to developers as they come forward. • Agreeing on implementation of the plan and Leader assisting delivery

Your role as a mediator • Between LPA and neighbourhood groups • Encourage good communication/keep things positive • Transparency is paramount • Facilitating conversations (introduce your groups to landlords, developers, land-owners, LPA officers) • Chairing meetings, particularly in early days • Encouraging breadth in Forum make-up

Your leadership role • Liaising with Councillors in neighbouring wards, particularly if suggested NP boundary is contentious • Spotting early tensions with LPA officers and helping to resolve • Providing context for LP policies and application. Councillors: – mobilise the LPA to do more than the statutory minimum – know the local political issues and how the LPA operates – can help to get developers engaged

Session 4: Opportunities discussion

Positive planning • Realising positive opportunities via a NP covering your ward • Pro-active involvement in planning decisions • Planning from a more localist viewpoint and helping to turn NIMBYs into YIMBYs (whilst protecting sensitive areas). • How you can aid the process as a ‘gatekeeper’?

Potential scenarios • Group trying to finalise its neighbourhood boundary • Group seeking more support from their LPA • Group applying to get on the DCLG funded Direct Support programme • Potential collaboration with developers • Group facing resource challenge before plan draft is finished

Session 5: Dispatches from the front line • Case studies: Upper Eden, Thame, Exeter St. James • Q&A Tea break

Potential pitfalls: Dawlish "it is not possible to demonstrate that the provision for housing growth is based on an objective assessment of housing requirements“ "there are substantive differences in terms of strategic allocations of both housing and employment land" "While it may be possible to resolve these, particularly as the strategic policies remain to be settled, as currently drafted the two documents (the neighbourhood plan and emerging Local Plan) are in clear conflict. " Plan was "neither positively prepared nor justified” (as per NPPF). Proceeding to referendum “…could only take place once the strategic policies of Teignbridge District Council have been settled and changes had been made to ensure full conformity. ”

Daws Hill judicial review "Section 61 G(5) of the (Town and Country Planning Act 1990 as amended by the Localism Act 2011) requires the local planning authority in determining an application for a neighbourhood area to consider whether the area proposed is appropriate” “The discretion given to the authority is a broad one. The exercise of discretion turns on the specific factual and policy matrix that exists in the individual case at the time the determination is made. ” "In my judgment the council properly had regard to the specific circumstances that existed at the time when the decision was made to designate a neighbourhood area which excluded the RAF Daws Hill site and the Handy Cross Sports Centre site. None of the grounds of challenge to the decision taken by the council in this case have been made out. Accordingly, for the reasons I have given, this claim fails. "

Upper Eden: policy extract

Upper Eden: Inspector’s Report “It is clear to me that the reasoning behind the use of the concept of general conformity is to allow a degree of flexibility in drawing up neighbourhood plans and proposals. Without such a concept drawing up a neighbourhood plan to reflect local priorities and conditions would be a futile exercise. ” “It is significant that key environmental agencies: Natural England who are satisfied that the Habitats Regulation Assessment (HRA) concludes that the Plan policies are unlikely to have an adverse impact on European sites; the North Pennines AONB, and the Environment Agency support the Plan without caveats. Eden District Council raises a number of issues in the observations made and there a few responses from individuals. United Utilities state their position on capacity issues and the need for capital investment in some areas if the Plan proposals go ahead. That will clearly need to be a matter of discussion with United Utilities as planning applications come forward.

Thame: policy extract

Thame: Inspector’s report "The Thame neighbourhood plan, having undergone an exemplary consultation process, sets out a clear and deliverable vision for the neighbourhood area. " “I have recommended a number of modifications to the plan. None of these fundamentally change its contents, but together, they ensure that the plan meets the basic conditions” “In my view the Thame Neighbourhood Plan begins to set a high standard for neighbourhood planning across the country”

St. James: plan extracts

Q&A • Any questions?

Session 6: Preparing for the Journey

Emerging Themes - Process • • Boundaries – particularly in urban areas. Wards v neighbourhoods Enthusiasm of LPAs to actively support. Benefits not proven? Access to 30 k grants given to LPAs Motivation and Pacing – particularly where an existing group takes on role and most of leg work for the process. Programme drift • Websites - popularity of Neighbourhood Forum websites • Diversity of groups - to give both plan making and plan itself more legitimacy • Landowners and Developers - when to meet, how to handle, legal challenge, mistrust

Emerging Themes - Policy • Thinking sustainably – not particularly easy for rural communities reliant on car or groups without a transition town type input • When, where and pacing of development - coming to terms with housing allocation from higher plans • Site Assessment - adopting good, consistent and reliable assessment criteria and showing careful process. Usefulness of a green, amber, red system • How to offer more protection - of trees, green/open spaces, buildings, allotments gardens, biodiversity (e. g. railway corridors) • Housing - limiting density (Daws Hill), pace of development (Denmead) loss of family housing, limiting houses in multiple occupation (Exeter St James), boosting specialist and affordable housing (many areas) • Relationship between the local plan and NP - particularly influence over strategic sites and situation where no adopted local plan

Emerging Themes - Policy • Employment: Facilities for home-working (46% in Caterham); high speed broadband, boosting local employment, keeping key employees happy • Retail: Upgrading of local parades – bring back the high-street, conversion of residential to retail; limiting excessive concentration of e. g. takeaways & charity shops • Public Realm pedestrian safety, green routes, the walking neighbourhood, crossing points shade, tranquillity • Historic/ Essential Character – getting across the character of a place in planning terms • Education – more land for local schools • Keeping the balance – e. g. between more employment and more housing, reversing established development trends

Enabling or Doing?

Councillor input at each stage • Step 1 – Getting Established – Forming a steering group/lead organisation – Identify possible players: community, local business, landowners, developers, service providers and neighbouring areas – Negotiating the boundary • Step 2 – Getting Organised – Bring interested parties together via meetings, workshops etc. – Agree a draft boundary for further consultation – Letter of intent to Local Authority to ask for recognition, advice and support

Councillor input at each stage • Step 3 – Developing vision, objectives and priorities – Define and agree the scope of plan through individual, group and public consultation events • Step 4 – Consider challenges and opportunities – Use existing evidence from LPA and local evidence – Establish demand for housing and neighbourhood infrastructure • Step 5 – Understanding evidence and gaps in knowledge – Identify resources and briefs for fresh research

Councillor input at each stage • Step 6 – Mobilise technical support – Decide how research will be done and by whom – LPAs, developers, landowners and service providers • Step 7 – Commission further work – Use local volunteers or outside specialists • Step 8 – Explore Options (and SEA if required) – ‘Optioneering’ – identifying the best option • Step 9 – Draft Plan and examination – Key stage for consensus-making with interested parties

Councillor input at each stage • Step 10 – Referendum – Encourage maximum interest in voting – Remind local people and interests what is at stake • Step 11 – Adoption (responsibility of the LPA) – Communicate to residents new policies in force • Step 12 – Action plan and resourcing – Ensure the plan is put into action and resources are coordinated with stakeholders

Further support, briefings and training • Locality Roadmap http: //locality. org. uk/resources/neighbourhoodplanning-roadmap-guide/ • Planning Camps http: //locality. org. uk/projects/buildingcommunity/planning-camp/ – Planning Camps are free events designed to give inspiration and guidance to groups wanting to create a neighbourhood plan. • Engaging Communities – where is the heart of your community? (The Eden Project, 2012)

Further support, briefings and training • PAS briefings http: //www. pas. gov. uk/pas/core/page. do? page. Id=31 63383 • Other PAS training planned http: //www. pas. gov. uk/pas/events-list. do – ‘Your Local Plan' Councillor workshop - getting your plan in place: good plan making, housing numbers and evidence (Birmingham) 26 March 2013 (free)

Further support, briefings and training Other resources: • Community Knowledge Hub http: //planning. communityknowledgehub. org. uk/ • Community Planning http: //www. communityplanning. net/index. php • Our Neighbourhood Planning http: //www. ourneighbourhoodplanning. org. uk/home

Conclusions and closing remarks • Councillors play a key role in neighbourhood planning. • ‘Gatekeeper’ between community and LPA • Can speed up the process, break down barriers, engage different groups • In-depth knowledge and passion for local areas Feedback forms

Thank you for listening any further questions?

Contact us email pas@local. gov. uk web www. pas. gov. uk phone 020 7664 3000