Neighbourhood Plan – The Community Planning Toolkit

Neighbourhood Planning

This toolkit is about Neighbourhood Planning – but rather than saying how you do it (other people have already produced excellent guides on this), our contribution – based on our experience, here in Birmingham – is to suggest you look at other tools you might use alongside or even instead of it…

This toolkit is about Neighbourhood Planning - but rather than saying how you do it (other people have already produced excellent guides on this), our contribution - based on our experience, here in Birmingham - is to suggest you look at other tools you might use alongside or even instead of it...

In more detail

Neighbourhood Planning is a procedure which communities can use to make a local spatial plan which forms part of the local planning framework used in determining what development goes ahead in their locality:

a 'spatial plan' covers things like: where new housing, shops and offices may be built; what new buildings should look like; what roads and open spaces are needed; where there is land that should be protected from development; and where there is under-used land and buildings that could be re-developed.
the 'local planning framework' is the set of policies the council uses to decide on planning applications: which developments should go ahead and which should not. If the Neighbourhood Planning process is successfully seen through to its end-point, it results in a document which (added to the council's framework plan) councillors and land-owners must use in making their decisions about development in the neighbourhood.
'development' could mean anything from a new housing estate, to the conversion of high street shops into clubs and bars, to a new railway station or park, to a new porch or extension on your home.
a 'locality' is a neighbourhood - as it is defined by the people who live there and who run businesses there.

The video below is from Locality - which is a national network of community-led organisations aiming to make better neighbourhoods. It explains Neighbourhood Planning:

Locality

Locality works with government to tell people about neighbourhood planning and other opportunities communities have for making neighbourhoods better. Locality has already published a lot of really good advice for groups on the details of how to do Neighbourhood Planning and, if and when you know that Neighbourhood Planning is the route you want to take, you'll find their advice invaluable (their contact information is below). This toolkit aims to help groups to look at Neighbourhood Planning alongside other options and wider community planning aimed at improving the places people live. It is particularly aimed at communities in urban neighbourhoods where there are likely to be wider social and community issues (both good and not so good) which people want to address, as well as spatial planning issues.

The Neighbourhood Planning Process

The steps in forming a Neighbourhood Plan are:

define the area of your neighbourhood
unless your area has a parish council, set up a neighbourhood forum (which must satisfy certain minimum standards in terms of membership)
consult local people and gather evidence about the area on which you can base planning policies
draft a Neighbourhood Plan with policies backed up by the evidence you have gathered
have the plan checked by independent examiner to see that it meets a basic standard and that it does not conflict with other plans (your Neighbourhood Plan must fit in with national planning policy and existing local plans in your council area)
the council will put your completed plan to a local ballot - voters will have the chance to say whether they approve or reject the draft plan
if local people vote to support the draft plan, it is adopted by the council and becomes part of the local planning framework used to guide local development.

In practice, as you will find in this toolkit, the process can be a little less clearcut than this. For example, in city neighbourhoods it isn't always clear what the area covered by a neighbourhood plan should be. It can take some discussion to get it right. And, as you will hear from the video interviews with people who have been involved in local planning here in Birmingham, the process can take several years and a lot of voluntary effort. Having said that, none of the groups we talked to in putting together this toolkit felt their efforts in producing a Neighbourhood Plan had been wasted.

Localism Act

Neighbourhood Planning comes from a law passed by Parliament in 2011 called the Localism Act. This law created a number of new rights intended to help communities make better places to live (they are covered in this toolkit). Neighbourhood planning created two new ways of influencing neighbourhood development:

by making a Neighbourhood Plan that becomes part of the Local Planning Framework and is used in determining planning applications
by enabling the development of parts of the area for specific types of development through more specific documents called Neighbourhood Development Orders and Community Right to Build Orders.

It is worth remembering that community groups already had ways of influencing neighbourhood development even before the Localism Act. Here in Birmingham, for example, dozens of community-led neighbourhood forums and residents' associations keep a regular eye on planning proposals affecting their areas. They put forward the views of local people during the consultation on those proposals. The differences between Neighbourhood Planning; developing a Neighbourhood Development Order; and taking part in the consultation on development proposals is summarised below:

	Scope	Proactive or reactive?
Neighbourhood planning	wider neighbourhood	proactive
Neighbourhood development orders	site specific	proactive
Consultation on development proposals	site specific	reactive

The Localism Act enables communities to be more proactive in planning local development and neighbourhood planning in particular enables you to take a neighbourhood-wide view. Don't forget, however, that groups can carry on engaging in consultation on development proposals - as many have done for years. And - of course - community groups can work with the council to produce local plans which are made by council planners and councillors and do not require a ballot.

As an incentive to get involved in Neighbourhood Planning, government has offered communities with a Neighbourhood Plan a larger share (25% as against 15% in other areas) of revenues from Community Infrastructure Levy (CIL) arising from the development that takes place in their area. (CIL is a charge the council levies on new development to help pay for things that make sure new development is sustainable).

Alternatives and Complementary Actions

Neighbourhood Planning is an option, not a requirement. There are alternative ways for neighbourhood communities to influence:

local land use – including through the regular planner-led local planning system, through Local Development Orders, or by engaging in consultation on specific planning proposals etc
public service delivery and the way councils, housing associations, the police and other agencies manage and serve the neighbourhood. These are things which are beyond the scope of the neighbourhood planning process
wider community planning – which can cover things like local public services and local community relations.

All of which help to determine how good a place is to live and work in.

Key Facts:

Neighbourhood Planning is a a process for community-led making of a local spatial plan which - when successfully adopted - forms part of the local planning framework which determines what development goes ahead in your neighbourhood. Neighbourhood Planning is a powerful tool but, particularly if you are based in a city neighbourhood or a large town, you may want to look at the other tools you can use alongside it or even instead of it. This toolkit is designed for communities in urban neighbourhoods in particular to look at Neighbourhood Planning alongside other means of making your neighbourhood better including:

other measures and powers in the Localism Act
other actions your council can take as part of its local planning authority brief - such as development control and local authority led plan-making
other actions your council can take arising from its responsibilities for licensing, public health and local leadership
other actions other public services like the police, schools and the health service can take
most importantly, other things you can do directly as a local resident and/or business community.

Page Links from here

Locality has published the My Community website and a Neighbourhood Planning website which are full of useful advice on the detail of neighbourhood plans and how to go about neighbourhood planning.

On this site have a look at:

Local Plans

Local Development Framework

Support for Neighbourhood Planning

Who Leads Neighbourhood Planning?

Designated Bodies

Neighbourhood Boundaries

Sustainable Development

Spatial Planning

Neighbourhood Development Orders

Neighbourhood Planning & Infrastructure Bill

OR you can use the navigation menu above right to look at other parts of the toolkit.

BIRMINGHAM COMMUNITY PLANNING TOOLKIT DEFINITION SHEET This sheet may be reproduced in paper or electromic or any other form but please mention it was made by Chamberlain Forum Limited for Birmingham City Council supported by Department for Communities and Local Government.

created: 2016-07-24 15:58:55

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Neighbourhood Planning Support Programme

Since Neighbourhood Planning was introduced in 2011, government has provided assistance and support to local councils and neighbourhood forums undertaking it…

Since Neighbourhood Planning was introduced in 2011, government has provided assistance and support to local councils and neighbourhood forums undertaking it...

In more detail

Five rounds of neighbourhood plan 'frontrunner neighbourhoods' were announced during 2011 and 2012:

round 1: April 2011	17 neighbourhoods,5 urban
round 2: May 2011	33 neighbourhoods,5 urban
round 3: June 2011	49 neighbourhoods, 9 urban
round 4; August 2011	36 neighbourhoods, 6 urban
round 5: March 2012	108 neighbourhoods, 12 neighbourhoods

These involved 233 neighbourhoods. Of this total, however, less than 40 were in city or metropolitan borough or London borough council areas. And a disproprtionate number of those located in such urban areas were 'business' neighbourhood plans. That is, covering industrial and commercial areas with few household residents.

Talking with neighbourhoods who have direct experience of running a local planning process in a similar, urban environment is likely to be most useful if you are considering starting out on the process. All three Birmingham-based community led local plan initiatives (which are featured in the video on this site) are happy to help other neighbourhoods with advice (see below).

Champions Network

Department for Communities and Local Government (DCLG) set up a network of Neighbourhood Planning Champions in 2013. These champions were identified as having first hand experience of the neighbourhood plan development process. They can offer advice and support to groups who are undertaking neighbourhood planning and encourage groups in other neighbourhoods to consider it. There are more than 130 volunteers in the network.

You can access the network via DCLG (see below).

Mainstream Support

Neighbourhood Planning was mainstreamed in 2012 and further neighbourhoods were accepted into the programme on a first come-first served basis

In 2015 DCLG announced priority areas for the support programme including:

urban areas
processes led by neighbourhood forums in unparished areas
neighbourhoods in areas of rapid population growth
plans covering larger populations (more than 25000 people)
deprived areas.

The current support programme will provide £22 million funding to help groups with neighbourhood planning up to 2018. The programme, which is run by Locality, provides financial help to cover the costs of things like printing, hiring rooms, producing a website and volunteer expenses and enables communities to call on professional planning support when some additional or specialist expertise is needed.

Grants of up to £9000 per neighbourhood are available. Priority neighbourhoods (see above) can apply for up to a further £6000.

Key Facts:

The current programme of support for neighbourhoods undertaking neighbourhood planning can provide up to £9000 per neighbourhood, or £15000 per neighbourhood in priority areas (including most urban areas). The programme is run by Locality on behalf of the government. You can also make contact with people and groups who have already been involved in neighbourhood planning elsewhere through the neighbourhood planning champions network.

Page Links from here

You can contact Neighbourhood Planning Champions through decentralisation@communities.gsi.gov.uk

The Neighbourhood Planning support programme is managed by Locality

On this toolkit see:

Neighbourhood Planning

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-13 13:12:49

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Developers

The stereotype view of ‘property developers’ is not flattering, but most people – at some stage – act as developers…

The stereotype view of 'property developers' is not flattering, but most people - at some stage - act as developers...

In more detail

Anyone that wants to build or change the use of land and buildings in an area is potentially, a property developer. That is - individuals and businesses; large and small; already in the area and newcomers who want to invest in it, including:

multinational companies proposing a new power station, rail freight interchange or the re-development of industrial land
commercial property developers resonsible for building offices and shopping centres
big housing developers like Barratt; Taylor Wimpey; Persimmon; or Bellway
housing associations and councils
a builder converting an old building into flats
businesses that want to extend and improve their premises
a householder adding a porch to the front of their house.

Sustainable development

Most of what people and businesses want to do with the land and buildings which belong to them contributes to sustainable development: it creates homes and jobs; enables services; makes better places to live. Some proposals, however, could have a damaging effect on other people and businesses in the area. Developer contributions - in the form of Community Infrastructure Levy and site specific planning obligations - can be used to compensate the community. Even so, developments are not always beneficial to everyone.

The video above is a talk by Daniel Farrand who is a property lawyer at law firm Mishcon de Reya, reflecting on the balancing act that is the local planning system.

Planning System

The planning system is designed to balance and resolve conflicting interests. Planning aims to enable fair and objective decision-making and to balance, for example:

the interests of some people who might be negatively affected by a development against those of people who might benefit from it
the rights of those who live in an area against those who do not, but who would like to
the interests of business and those who create wealth against those of householders and those who create local wellbeing
the needs of those who live in the immediate locality with those who live in the wider district or region.

A neighbourhood plan is a community-led local plan which sets out policies describing what kind of development is welcome - where and why - in the area. It is, in a sense, a locally written prospectus for sustainable development of the area.

Key Facts:

Anyone who wants to build or change the use of land and buildings is a potential developer. That includes individuals as well as businesses; companies of all sizes and public bodies; people who already live or work in an area and those who do not and who want to invest in it. Development proposals can create discord - some people benefit and others, sometimes lose out. The planning system exists to balance different interests. Neighbourhood planning does not enable communities to stop development but to set out a prospectus for sustainable development of the locality.

Page Links from here

In this toolkit, see:

Spatial Planning

Planning Permission

Local Business

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-12 16:37:48

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status: f published

Neighbourhood Development Order

A Neighbourhood Development Order grants planning permission for a particular type of development in a particular area. It is a community-led and statutory way of encouraging developers to provide the kind of development you want to see at a given site.

In more detail

Neighbourhood Development Orders (NDOs) are community-led land use documents, like Neighbourhood Plans. They were both introduced by the Localism Act 2011. Under its terms, an NDO can be used by a neighbourhood community to approve, for example, the building of homes, shops, businesses, affordable housing for rent or sale, community facilities or playgrounds.

How it works

An NDO grants planning permission for a specified kind of development (including change of use as well as new build development). This can be very specific – a particular development – or more general – a particular class of development, like housing. There are types of development that Parliament agreed cannot be specified by an NDO. They include: minerals and waste development and types of development that always need an Environmental Impact Assessment (eg a nuclear power plant) or form part of nationally significant infrastructure (a motorway of high speed rail link, for example). The government has powers to exclude other forms of development from being enabled by NDOs.

An NDO must apply to a specified area. Again, this can be tightly defined (a site) or more broadly specified (a part of the neighbourhood which might include several potential sites).

Process

The process for getting an NDO must be led by the parish council, if there is one, and by a neighbourhood forum (as defined in the Localism Act 2011) where there is no parish council. The process to be followed is like that for neighbourhood plans. It starts with the parish council or neighbourhood forum submitting a neighbourhood area application to the local planning authority, including the proposed boundary of the neighbourhood area. The application is then publicised for six weeks and comments invited.

Like neighbourhood plans, an NDO is:

Presented to the local council to check whether an Environmental Impact Assessment is required; that there is sufficient evidence backing the case for the order; and that it appears to be compatible with existing local plans
Subjected to an independent examination which checks it is in conformity with national and local planning policies and that the proposed development would not damage the local heritage.
Put to a public referendum.
Adopted by the council as part of the Local Planning Framework.

Key Facts:

A Neighbourhood Development Order is a community-led way of enabling development of a certain kind in your neighbourhood. Like neighbourhood planning, the process must be led by a parish council or a neighbourhood forum (as defined in the Localism Act).

Page Links from here

Local Development Orders

Neighbourhood Planning

Community Right to Build

Designated Bodies

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-07-02 10:07:32

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Community Right to Build Orders

If your community organisation wants to develop community land and buildings itself, then a Community Right to Build Order can enable planning permission for it on a particular site…

If your community organisation wants to develop community land and buildings itself, then a Community Right to Build Order can enable planning permission for it on a particular site...

In more detail

A Community Right to Build Order (CRTBO) is a special type of Neighbourhood Development Order which can be created by any local community organisation (not just a body which qualifies to lead neighbourhood planning under the Localism Act 2011) as long as it meets certain criteria (see below).

Uses

You can use a CRTBO to give outline or full planning permission for the development of things like a community centre, shops, businesses, affordable housing for rent or sale, community facilities or playgrounds to be built by the community organisation and not for private profit. CRTBOs are intended to enable small scale developments that would not need an Environmental Impact Assessment. That means there are certain sites as well as certain types of development that cannot be subject of a CRTBO.

The video below is by Locality and presents Community Right to Build Orders:

Criteria

A local community organisation must have at least half of its members living in a neighbourhood area to be eligible to propose a CRTBO in that neighbourhood. The objectives of the organisation must be in line with improving the economic, environmental and social well-being of the area in question. Any profit made as a result of a CRTBO must be used for the good of the whole community or a community within the neighbourhood, not for private gain.

Apart from the originating body, a CRTBO is processed in the same way as a Neighbourhood Development Order, including the need for a public referendum. It could be that it is quicker for your group to get planning permission for the development in the usual way rather than using a CRTBO.

Key Facts:

A Community Right To Build Order (CRTBO) is a way of community organisations securing full or outline planning permission for developing a particular site. It only applies to locally based organisations and is simply a way of securing permission to develop land and buildings. Organisations should consider the alternatives to see what advantage a CRTBO might give them.

Page Links from here

The CPRE guide to Community Right to Build Orders

The Planning Advisory Service's guide for councils on CRTBOs

In the toolkit see:

Local Development Orders

Neighbourhood Development Order

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-28 10:23:57

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status: f published

Community Infrastructure Levy

Community Infrastructure Levy is a charge on development which can be used to improve the places affected by it. In places which have a neighbourhood plan, a higher proportion of CIL can be retained in the neighbourhood.

In more detail

Community Infrastructure Levy is a tool councils can use to make developers pay towards the cost of infrastructure that enables further development. Part of the money raised by CIL must be spent on priorities agreed with people in the area affected by the development. The proportion is increased in areas covered by a neighbourhood plan.

Developers pay Community Infrastructure Levy (CIL) on new development above a certain size. They must provide information when applying for planning permission to enable the council to work out the amount of CIL which will be due. Councils set their own rates of CIL. In doing so, they have to balance the needs for current development against the need to fund infrastructure to support and enable further development. CIL must then be paid when work on the development site starts ‘on the ground’.

Using CIL

Councils can use CIL to fund a wide range of infrastructure, including: transport, flood defences, schools, hospitals, other health and social care facilities; play areas, parks and green spaces; cultural and sports facilities; district heating schemes; police stations and other community safety facilities. It must be used to fund things which will support the development of the area. It must be used to fund new infrastructure or renew infrastructure on which the development in question depends. It can’t be used to ‘prop up’ existing infrastructure; and it can’t be used for housing.

At least 15% of CIL has to be spent on priorities agreed with the local community in areas where development is taking place. In places where this a parish council, this share is passed to the parish council. In places where there is no parish council, the council consults with the local community about their priorities. When development happens in an area covered by a neighbourhood plan, the minimum to be spent on local priorities – decided by the parish council or through consultation) rises to 25%.

The neighbourhood portion of CIL can be spent on a wider range of things than the rest of CIL: it just needs to be spent on things which will support the development of the area. These rules mean that neighbourhood CIL, unlike the rest of CIL, can be used to fund affordable housing.

There are exemptions from CIL including for self-builders, some social housing, charitable development and vacant buildings brought back into use. Councils can exempt additional types of development from CIL within the area they cover.

The video below is an update on CIL produced by Legal Network TV

Setting a Local Rate for CIL

The process for setting a rate for CIL in an area is: the council holds public consultation on the proposed rates of charges it intends to make; the schedule of charges is examined by a Planning Inspector; the examiner’s report is published; and the charging schedule can then be adopted at a meeting of the full council (not just the planning committee etc). Examples of what different rates of CIL have been set:

Birmingham has two residential charging zones with rates of £69 and £0 per square metre; two hotel charging zones with rates of £27 and £0 per square metre; two student housing developments charging zones with rates of £69 and £0 per square metre. Large convenience retail developments are charged at £260 per square metre. No charge for all other uses.
Leeds has four residential charging zones with rates of £5, £23, £45 and £90 per square metre. There are two charging zones for supermarket developments with rates of £110 and £175 per square metre; two charging zones for large comparison retail with rates of £35 and £55 per square metre. City centre offices are charged £35 per square metre. Publicly funded or not for profit developments are not be charged CIL. All other uses are charged at £5 per square metre.
London Borough of Camden charges CIL on small residential developments at £500 per square metre. There are three large residential development and private care home development charging zones with rates of £500, £250 and £150 per square metre; two student housing development charging zones with rates of £400 and £175 per square metre; two hotel development charging zones with rates of £40 and £30 per square metre. All retail developments are charged £25 per square metre. There are two office development charging zones with rates of £45 and £25 per square metre. There are no charges for industrial, warehousing, or research developments. All other commercial developments are charged £25 per square metre. No charge for all other uses.
Exeter charges residential developments at £80 per square metre; student housing developments at £40 per square metre. There are two retail development charging zones with rates of £125 and £0 per square metre. No charge for all other uses.

Below is a presentation on Community Infrastructure Levy made by Siedah Martey in 2016:

Key Facts:

Community Infastructure Levy (CIL) is a charge on developers which acts as a contribution to restoring and improving local infrastructure. That includes things like parks, sports facilities, police stations etc. If your area has a neighbourhood plan, then more of the CIL resulting from development can be kept in the locality (rather than used more widely by the council). But, the council sets the rate for CIL and in some cases may set it at a very low rate (in order to attract developers and investment in the area). The sums derived from CIL for use in the neighbourhood can be quite modest.

Page Links from here

Planning Portal on Community Infrastructure Levy

An Overview of Community Infrastructure Levy produced by Department for Communities and Local Government and available from the link as a PDF

Resources aimed at local councils explaining CIL are still available from Planning Advisory Service

In the toolkit:

Developers

Infrastructure

Local Development Framework

Neighbourhood Planning

Neighbourhood Planning and Infrastructure Bill

Planning Obligations

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-18 10:00:07

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Neighbourhood Design Statements

People are often familiar with the idea of a village design statement – but urban communities can take a similar lead in producing a local design statement setting out how they want their neighbourhood to look.

People are often familiar with the idea of a village design statement - but urban communities can take a similar lead in producing a local design statement setting out how they want their neighbourhood to look.

In more detail

A Neighbourhood Design Statement relates to the visual character of a place: it says how things buildings, land, roads and other features should look. If it is adopted by the local council, it can form part of the evidence they consider in determining permission for new development. In this way, a design statement can help make sure that new development does not undermine the visual character of the neighbourhood.

Neighbourhood Design Statements cannot specify what type of development should take place; what buildings are used for; how your neighbourhood should be served by public services; or what communities will do for themselves to make the neighbourhood a better place to live.

Anyone who lives in the neighbourhood can start the process of putting together a local design statement. It only has any value, however, if it is adopted by the local council. If you want to have your statement adopted, you will need to:

Persuade the local councillors (including the parish councillors if you have a parish council), other residents and businesses that it is needed and that it says the right things.
Talk to planning officers to find out the council’s policy on whether, and in what form, it accepts local design statements.
Look at the Local Planning Framework including any existing Local Plan covering your neighbourhood to make sure that whatever is said in your design statement is compatible with what they say.

Key Facts:

A Neighbourhood Design Statement may be an alternative or a first step towards making a Neighbourhood Plan. It sets out an agreed vision of the locality in terms of visual character. It is taken into account when determining planning permission.

Page Links from here

Neighbourhood Planning

Conservation Area

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-13 20:03:44

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Who Leads Neighbourhood Planning?

Neighbourhood Planning can only be led by local ‘designated bodies’ which the law says are adequately qualified.

Neighbourhood Planning can only be led by local 'designated bodies' which the law says are adequately qualified.

In more detail

The Localism Act says neighbourhood planning must be led by a local group called a ‘designated body’. If you live in a place with a parish council (also called a community council or a town council), then the parish council is the designated body for your area.

Most urban neighbourhoods, however, do not have parish or community council. In places where there is no parish or community council, the designated body for neighbourhood planning is called a neighbourhood forum.

There are rules about what a neighbourhood forum must be to qualify as a designated body for neighbourhood planning. A body must meet these rules if it wants to lead on neighbourhood planning. It must:

have at least 21 people as members (they have to be individuals, not other groups or organisations)
reflect the character and diversity of the area (think about the mix of women and men who are members; the ages of members; their ethnicity; the part of the neighbourhood they live or work in; faith groups; housing tenure (whether people are homeowners or tenants etc)
show that it is inclusive and that it has tried to include at least one resident, one person who works in the area and one local councilor.

This last requirement might look at bit odd – surely you would want more than one resident or local business-owner or worker? Bear in mind that some neighbourhood plans might be for areas that have few residents (like a large industrial estate for example) or few businesses (eg a large housing estate). What the law is saying is that a neighbourhood forum should include a mix of people who live in the place; work or run businesses in the place; and represent the place.

Existing Forums

Note, that these rules apply to pre-existing groups as well as to a forum set up just for the prupose of neighbourhood planning. So, even if your area already has a group called a neighbourhood forum, if that group doesn’t meet the requirements above, you will either have to change the existing group or set up a new one in order to lead on neighbourhood planning.

For example, in the Jewellery Quarter area of Birmingham, there was already a Neighbourhood Forum set up by local residents which acted a bit like a large residents’ association. The Jewellery Quarter Neighbourhood Forum used to look at and comment on planning applications for the neighbourhood. It decided it wanted to see a neighbourhood plan for the Jewellery Quarter. Because the existing Neighbourhood Forum was a resident-only body, however, it did not meet the requirements. It joined with representatives of business in the area and with local councilors to set up a new body to lead the neighbourhood planning. They called it the Neighbourhood Planning Forum to distinguish from the resident-led Neighbourhood Forum.

Having Set up a Neighbourhood Forum

Once your Neighbourhood Planning Forum has been recognized by the local planning authority, they have a duty to support it – you can find out more from mycommunity.org Some local authorities have been more supportive than others. If you run into problems, seek advice from Locality or through the Neighbourhood Planning Network.

Neighbourhood planning sets minimum requirements to be met by your local lead body. There is no reason why you can’t aim higher. You can set up a community or town council for your neighbourhood. You can use a Neighbourhood Planning Forum to look at wider issues affecting the neighbourhood that aren’t just to do with land use.

Key Facts:

The law says that neighbourhood planning must be led by a parish council if there is one in the area. If there isn't, it must be led by a neighbourhood forum. To qualify to lead neighbourhood planning a neighbourhood forum must have at least 21 members who reflect the range of communities in the area and they must include representatives of business and the local public sector.

Page Links from here

In this toolkit see:

Neighbourhood Planning

Designated Bodies

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-11 12:59:29

by: admin

status: f published

Neighbourhood Planning and Infrastructure Bill

Government wants to see a million new homes built – and to protect green belt and other areas that communities agree should be preserved…

Government wants to see a million new homes built - and to protect green belt and other areas that communities agree should be preserved...

In more detail

This Bill was announced in the Queen’s Speech to Parliament in May 2016. Government says it will give local communities more power and control to shape their area in order to ‘build more houses and give everyone who works hard the chance to buy their own home.’ Its purpose is to enable the building of a million new homes at the same time as protecting green belt and other areas that communities want to protect.

Key measures in the Bill will:

streamline the process for neighbourhood planning
ensure greater consistency in the way local authorities support and oversee the production of neighbourhood plans
reform and speed up the planning process
simplify the compulsory purchase order process
provide a statutory basis for the National Infrastructure Commission to manage strategic infrastructure development
privatise the Land Registry.

Key Facts:

The Neighbourhood Planning and Infrastructure Bill should become law in 2017. The Bill will streamline the process for neighbourhood planning and bring in other reforms designed to make it easier to build new housing.

Page Links from here

The RTPI briefing on the Neighbourhood Planning and Infrastructure Bill

Track the progress of the Bill at the UK Parliament website and see a PDF of the notes on the Bill

Neighbourhood Planning

Planning Law

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-10 13:02:45

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status: f published

Designated Bodies

The ‘community rights’ in the Localism Act can be exercised by certain designated groups on behalf of the community…

The 'community rights' in the Localism Act can be exercised by certain designated groups on behalf of the community...

In more detail

The Localism Act 2011 designates which sort of community organisations can take on and lead the exercise of the various 'community powers' it sets out.

Neighbourhood Planning/Neighbourhood Development Orders

Neighbourhood planning (including neighbourhood development orders) must be led by the local parish council if one exists. In places where there is none - as in most urban neighbourhoods - then neighbourhood planning may be led by a 'neighbourhood forum'. The law says: forums must have at least 21 members; have membership which os representative of the area they cover (including business and public sector representatives); and have a written constitution. These requirements apply to existing bodies as well as to bodies formed for the purpose of neighbourhood planning. So, you may find that existing residents' groups and even bodies called neighbourhood forums and accepted by the council as such, do not qualify as designated bodies. In which case, you will have to set up a new body or change the constitution etc of an existing body in order to have a suitable body to lead on neighbourhood planning.

Assets of Community Value/Right to Bid

Any eligible community or voluntary organisation can nominate land or buildings to be included on the register of assets of community value kept by the council for the purposes of 'Right to Bid'. To be eligible, groups most be either an unincorporated association (like most residents' associations) with at least 21 members in the council's area; or a parish council, registered charity, indistrial and provident society (which is a form used by cooperatives), a company limited by guarantee or community interest company or a local neighbourhood forum as defined above. Neither the council, nor profit-making businesses may nominate assets for the register.

When land or buildings which are listed on the register of assets of community value is put up for sale by its owner, then suitably qualified 'community interest groups' have a six month window of opportunity within which to submit bids offers to buy the asset before the landowner is allowed to sell it on the open market. To be eligible as a community interest group, you must have a local connection with the asset and be: a parish council, a registered charity, a community interest company, a company limited by guarantee or an industrial and provident society. Neighbourhood forums (unless they are also one of the above) and unincorporated bodies can nominate assets for listing, but cannot exercise the right to bid.

Right to Challenge

Voluntary and community groups, charities, social enterprises, parish councils, local council and fire and rescue authority staff can express interest in running local council services where they believe they can do so differently and better. If the council accepts the written expression of interest (and if it doesn't, it must explain why), this triggers a procurement exercise in which the interested group may take part alongside any other organisation, including profit-making businesses, that are fit to deliver the service. So, businesses, which cannot trigger the challenge, can nonetheless bid to run the service if the challenge is accepted by the council.

Key Facts:

Parish councils and neighbourhood forums that have been constituted according to a legal minimum can exercise powers relating to neighbourhood planning. Parish councils, neighbourhood forums and a wide range of other non-profit groups can nominate assets of community value, but neighbourhood forums cannot exercise the subsequent righ to bid if and when it arises. Parish councils, a wide range of non-profit bodies and groups of staff who work for the council or the fire and rescue service can use the right to challenge the way a public service is run. All suitably qualified bodies, including profit-making businesses may take part in any procurement exercise arising from a successful challenge.

Page Links from here

In this toolkit:

Neighbourhood Planning

Neighbourhood Development Orders

Who Leads on Neighbourhood Planning?

Community Right to Bid

Parish Council

Community Group

OR you can use the navigation menu above right to look at other parts of the toolkit.

created: 2016-06-07 09:53:35

by: admin

status: f published