Neighbourhood Planning: Impact on Development

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Chair Introduction

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Prof. Gavin Parker

Professor of Planning Studies at the School of Real Estate & Planning,

University of Reading

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© University of Reading 2016 www.reading.ac.uk

School of Real Estate and Planning

'Neighbourhood planning: who's doing what and where? A five year overview'

Prof Gavin ParkerLeeds, 1st March 2016

• NP as a microcosm of planning issues generally…

Neighbourhood Planning

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Neighbourhood Planning

• Involved directly in orchestration of NP between 2012-

2014 via RTPI/Planning Aid England

• NP ‘User experience’ published October 2014

• Many issues identified in this & wider lit:

– Speed / delay

– Role of LPA

– Advice / guidance

– Scope

– Weight / relationship with the Local Plan

– ‘Ownership’

– Non-participation

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• Localism Act 2011 has created a distinct spatial

arrangement for the exercise of government – the

neighbourhood:

‘Its manifestation in planning is the assumption that

our capacities can be best utilised if we engage in

neighbourhood, rather…city or regional or national

planning’ (Davoudi & Madanipour, 2013: p558)

Neighbourhood Planning

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Neighbourhood Planning

• Experience of participatory opportunities in the past -

known variation in capacity across localities…

• Lowndes and Pratchett (2012) - communities will

benefit or respond differently and in an uneven way to

the government’s localism agenda,

• Neighbourhoods ‘sinking or swimming on the tides of

localism’.

• Way that NP has been designed / framed…(Gunn et

al, 2015; Parker et al, 2015)

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Neighbourhood Development Plans and growth:

‘that [NDPs] support the strategic development needs

set out in Local Plans, including policies for housing and

economic development’ (NPPF, 2012: para 16)

and that:

‘Neighbourhood Plans and Orders should not promote

less development than set out in the Local Plan or

undermine its strategic policies’ (NPPF, 2012: para 184).

Neighbourhood Planning

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• What is involved in NDP production?

– Area Forum (the qualifying body)

– Area Designation / Parish or combined

– Evidence gathering / Consultation / Engagement

– Draft plan

– Pre-submission Consultation

– Submission

– Independent examination (and report)

– Neighbourhood Referendum

– Plan ‘Made’ by LPA

Neighbourhood Planning

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Average time

to referendum

= 27 months

• By February 2016…

– 1625 designated areas

– 130 passed referendum

• Notably only 70 were Frontrunners

– Examination – all bar one needed

modification

• 60 needed ‘extensive’ modification

• 63 recommended deletion of policies

– Average number of policies = 18

– Range 2-114 policies

– 65 LPAs

Neighbourhood Planning

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(Source: DCLG, Dec 2015)

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• Who is involved?

• NP as co-produced enterprise?

– At least 70% of NDPs involve private planning consultants

(Parker et al, 2014; 2015)

• LPA – ‘Duty to support’

• Gatekeeper role

• Mixed levels of support…

• DCLG – want further peer support….implications?

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• 42% of neighbourhood areas in South (SE/SW)

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Region (England) NP to referendum:

Parish / Forum / Total

NP Qualifying Bodies*: Parish /

Forum / Total

London 0 / 3 = (3) 1 / 63 = (64)

South East 50 / 2 = (52) 340 / 20 = (360)

South West 15 / 1 = (16) 312 / 13 = (325)

West Midlands 12 / 4 = (16) 231 / 6 = (237)

East Midlands 21 / 0 = (21) 189 / 8 = (197)

East of England 10 / 0 = (10) 181 / 1 = (182)

Yorks & Humber 2 / 0 = (2) 86 / 16 = (102)

North West 7 / 2 = (9) 90 / 18 = (108)

North East 1 / 0 = (1) 44 / 5 = (49)

England (total): 118 / 12 = (130) 1475 / 150 = (1625)

Regional and Qualifying Body (Parish/Forum) Distribution of Neighbourhood Planning (Jan 2016)

Neighbourhood Planning

• Very few Forums: 12 passed Referendum, 150 designated

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• Only 150 of the 1625 in Forum areas - 55% ‘largely’ or ‘mainly’ rural

0 50 100 150 200 250 300 350 400

East Midlands

East of England

London

North East

North West

South East

South West

West Midlands

Yorks & Humber

Urban / Rural spread of neighbourhood planning

Largely Rural (rural including hub towns (50-79%)

Mainly Rural (rural including hub towns (>=80%)

Urban with Significant Rural (rural including hub towns 26-49%)

Urban with City and Town

Urban -major Conurbation

Urban - minor conurbation

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Region

(Pop.)

IMD

Q1

IMD

Q2

IMD

Q3

IMD

Q4

IMD

Q5

Totals

London

(8.174m)

1 1 2 19 40 64

South East

(8.635m)

214 61 57 23 5 360

South West

(5.289m)

46 122 73 76 8 325

West Midlands

(5.602m)

41 25 149 16 6 237

East Midlands

(4.533m)

48 82 38 20 9 197

East of England

(5.847m)

58 61 39 17 7 182

Yorks & Humber

(5.284m)

3 19 8 46 26 102

North West

(7.052m)

3 52 27 13 14 109

North East

(2.597)

0 0 17 25 7 49

All

(53.865m)

414

(25.4%)

424

(26.1%)

410

(25.2%)

255

(15.7%)

122

(7.5%)

1625

(100%)

Neighbourhood Planning areas - Index of Multiple Deprivation Breakdown (Local Authority level,Jan 2016)

(Note: based on 2015 IMD classifications and ONS 2013 population projections. Q1 = least deprived / Q5 = most deprived)

Neighbourhood Planning

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• Neighbourhood Areas that have passed referendum n130 - only 4

in IMD Q5 (x11 in Q4/5)

Neighbourhood Planning

0.5

1

1.5

2

2.5

3

3.5

4

4.5

5

5.5Average IMD Quintile (2015) at the neighbourhood level

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IMD

Quint

ile

Experiences• Burdensome

• Needed help

• Support – very important

• Guidance too vague – toolkits now produced

• Critical of scope and control – mis-sold?

• Contestation over scope and resistance to the ‘technologies’

Some issues• Depends where you are, what other plans are in place, what type

of LA you have…

• Not necessarily a tool for all – need to ensure that alternatives are

visible, valued and supported

• Objective-led i.e. the right tool and support for the task /

substantive issues faced…

• Issues of integration

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Conclusions

• Some areas have adopted NP as a mainstream approach to local

planning e.g. Herefordshire, Sussex, Leeds

• Mixed support / attitudes

– 1/3rd of LAs no NP activity…but other work?

• Particular type of take-up in NP – a mixed game

– Predominately rural

• Slow progress

• Net additionality?

• Integration

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More detail on this found in:

• Parker, G. (2016, in press) ‘The Uneven Geographies of

Neighbourhood Planning in England’, in Bradley, Q. and Brownill,

S. (eds.) Neighbourhood Planning and Localism: Power to the

People? Policy press, Bristol.

• Parker, G. and Salter, K. (2016) ‘Five years of neighbourhood

planning: a review of take-up and distribution’, Town and Country

Planning, April 2016, Vol. 85(4): in press.

Neighbourhood Planning

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• Questions…

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Paul Butler

Director of PB Planning

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Neighbourhood Plans : A Developer’s Perspective

1st March 2016

Paul Butler BA (Hons) MSc MRTPI

Former Head of Planning - Yorkshire Region

Barratt Homes & David Wilson Homes

Introduction

• Developer’s Change In Stance

• Neighbourhood Plan Basic Conditions

• Project Examples

• Conclusions

Developer’s Change in Stance

• Initial uncertainty

• Realisation that Neighbourhood Planning is here to stay

• Case examples providing further guidance in respect of a developer’s potential role in the

making of Neighbourhood Plans

• General increase in the desire of the development industry to collaborate more with local

communities

• Desire to maximise the potential opportunities that Neighbourhood Plans can provide

Neighbourhood Plan Basic Conditions

The Town and Country Planning Act sets out at Paragraph 8(2) of Schedule 4B that a Neighbourhood Plan should

meet the following “basic conditions”:-

a) have regard to national policies and advice contained in guidance issued by the Secretary of State;

b) have special regard to the desirability of preserving any listed building or its setting or any features of special

architectural or historic interest that it possesses;

c) have special regard to the desirability of preserving or enhancing the character or appearance of any

conservation area;

d) contribute to the achievement of sustainable development;

e) be in general conformity with the strategic policies contained in the development plan for the area of the

authority;

f) not breach, and it is otherwise compatible with, EU obligations;

g) prescribe conditions that are met in relation to the plan and the prescribed matters have been complied with in

connection with the proposals for the plan”

If a Neighbourhood Plan does not meet each of the Basic Conditions then it cannot be considered a sound and

robust document, thereby risking the successful ‘making’ of the document when it reaches the examination stage.

Neighbourhood Plan Basic Conditions

The Town and Country Planning Act sets out at Paragraph 8(2) of Schedule 4B that a

Neighbourhood Plan should meet the following “basic conditions”:-

a) have regard to national policies and advice contained in guidance issued by the

Secretary of State

e) be in general conformity with the strategic policies contained in the development plan for

the area of the authority

A) Have regard to National policies and advice contained in guidance issued by the

Secretary of State:-

National Planning Policy Framework:-

• Para 16 - Plan positively to support local development, shaping and directing development in

their area that is outside the strategic elements of the Local Plan

• Para 183 - Neighbourhood planning gives communities direct power to develop a shared vision

for their neighbourhood and deliver the sustainable development they need

• Para 184 - Neighbourhood plans must be in general conformity with the strategic policies of the

Local Plan.

• Para 184 - Neighbourhood plans and orders should not promote less development than set out

in the Local Plan or undermine its strategic policies.

A) Have regard to National policies and advice contained in guidance issued by the

Secretary of State:-

Planning Practice Guidance:-

• Proportionate, robust evidence should support the choices made and the approach taken.

• A neighbourhood plan can allocate sites for development. A neighbourhood plan can allocate

additional sites to those in a Local Plan where this is supported by evidence to demonstrate need

above that identified in the Local Plan. A neighbourhood plan can propose allocating alternative

sites to those in a Local Plan.

• Neighbourhood Plans should not be used to constrain the delivery of a strategic site allocated for

development in the Local Plan.

• A qualifying body may wish to consider what infrastructure needs to be provided in their

neighbourhood area alongside development such as homes, shops or offices.

E) Be in general conformity with the strategic policies contained in the development

plan for the area of the authority:-

• Should there be a conflict between a policy in a neighbourhood plan and a policy in a

Local Plan, section 38(5) of the Planning & Compulsory Purchase Act 2004 requires that

the conflict must be resolved in favour of the policy which is contained in the last

document to become part of the development plan.

• What if the Neighbourhood Plan is being progressed in advance of the Development

Plan and does not align with the emerging draft Development Plan policies?

• What if the Neighbourhood Plan is being progressed in accordance with draft

Development Plan policies which could potentially be considered un-sound?

Project Example - York

• Delays in the preparation of the Local Plan have provided the opportunity for a Neighbourhood

Plan to be progressed prior to adoption of the Local Plan.

• Previous Publication Draft Local Plan identified a level of housing being delivered to the

settlement which was higher than desired by the local community – 500 vs 100

• The process is being used to seek to amend the LPA’s original stance and influence the

preparation of the next draft Local Plan

• If Neighbourhood Plan is “made” in advance of Local Plan adoption then there is a risk that the

work will be abortive.

• A number of potential benefits associated with the delivery of an increased number of homes

will be missed - Including CIL (25%); S106 monies; & Infrastructure provision

Project Example - Leeds

• Delays in the preparation of the Local Plan have provided the opportunity for a Neighbourhood

Plan to be progressed prior to adoption of the Local Plan.

• Draft Neighbourhood Plan identifies that the Local Plan will determine the number of homes to

be delivered to the settlement. The draft plan focuses on detailed policies such as design and

deliverable/viable community infrastructure.

• Neighbourhood Plan Group are willing to discuss proposals with developers and listen to their

points of view.

• Neighbourhood Plan Group aim to work in tandem with the LPA to ensure that work is not

abortive.

• Understand the potential benefits associated with the delivery of new homes within the

settlement –Including CIL (25%); S106 monies; & Infrastructure provision

Project Example – Barnsley

• Previous Draft Sites & Policies Local Plan identified 100 homes being delivered to the settlement

which was higher than that desired by the local community and on an un-favoured site.

• Draft Neighbourhood Plan identifies no new housing allocations in the settlement – a stance which

now aligns with the new emerging Draft Local Plan. However, the Draft Neighbourhood Plan identifies

a significant number of community infrastructure aspirations that can only be delivered through a

housing development of over 100 homes and on an alternative specific site.

• The specific site is being promoted and the developer is willing to deliver all of the community’s

identified aspirations and needs.

• The Neighbourhood Plan Group are not willing to engage with the developer on account of the current

stance of the Draft Local Plan. Though the LPA have raised the potential to amend their position if

there is community support for the proposed alternative site.

• Concerns that the Draft Local Plan maybe found un-sound and thus if the Neighbourhood Plan is

“made” in advance of Local Plan adoption then there is a risk that the work will be abortive.

Conclusions

• Developers are far more proactive now and want to work collaboratively with

Qualifying Bodies.

• Experience shows that Neighbourhood Plans are being used to guide Local Plan

policies. Local Planning Authorities need to be stronger in these circumstances.

• Where used correctly Neighbourhood Plans can generate transparency and trust in

the planning system.

• Opportunities to deliver significant community benefits are however still being missed.

Paul Butler

Director

paul.butler@pbplanning.co.uk

Alyson Linnegar

Neighbourhood Plan

Independent Examiner

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Neighbourhood Planning

An Examiner’s Perspective

Leeds Planning Network Master Class

Neighbourhood Planning: impact on

development

1 March 2016

Introduction - who am I?

• A planning professional with 40 years

experience

• A self employed planning consultant based in

North Lincolnshire

• Particular experience in affordable housing and

community engagement

• An independent neighbourhood plan examiner

The independent examiner

• Independent of the Parish Council or

Neighbourhood Forum

• Has no interest in the land affected by the draft

Plan

• Has appropriate qualifications and experience

• Is appointed by the LA with agreement of the

Parish Council or Neighbourhood Forum

What is NPIERS

• Developed by the RICS, RTPI, POS, ACRE and Locality with support from CLG

• Key source of independent examiners with necessary skills and experience

• Application is free for either a pre-submission health check review or the referral of examiners who are able to undertake the neighbourhood plan examination

The independent examination

• Limited to testing whether the NP meets the

basic conditions and other regulatory

requirements

• Default position is an examination by written

representations

• Format and scope of a hearing is decided by the

examiner

What are the ‘basic conditions’

• Must have regard to national policy

• Must be in general conformity with the strategic

elements of the Local Plan

• Contributes towards sustainable development

• Compatible with EU obligations

How will a Neighbourhood Plan

succeed at examination?

• Consider carefully the area to be designated

• Do not cover all possible topic areas

• Embrace the opportunity to promote sustainable

development

• The main focus of the Plan should be the

policies

• Do not repeat sections of the NPPF or Local

Plan policies

How will a Neighbourhood Plan

succeed at examination? (ctd)

• Remember the Plan is tested against policies in

the adopted Local Plan

• Concise and well worded policies

• Work collaboratively with the LA

• Screen early for SEA and HRA

• SEA appropriate for the level of the NP

Promoting Development

• Example of a NP I examined in an area where pressure

for growth

• Out of date Local Plan and no housing figures for the

settlement

• QB embraced the opportunity to support new housing

development and community benefits it could bring

• Robustly assessed potential sites

• Engaged with potential developers

• Allocated sites with specific site requirements

• Agreed specific projects for section 106 or to use CIL

Effect of Neighbourhood Plans

on Housing Development

• Legal challenges by housing developers

• Appeal decisions

• Revised guidance in the NPPG

• Watch this space!

Contact details

Alyson Linnegar Planning Consultancy

E-mail alyson@theruralplanner.co.uk

Tel 01427 752536

Mobile 07707994909

www.theruralplanner.co.uk

Q & A

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Key Points & Conclusion

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Our next Master Class 17th March 2016

What is the future for affordable housing?

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