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Changing the nature of a Neighbourhood Plan

JW
Jo Wadey, modified 2 Months ago.

Changing the nature of a Neighbourhood Plan

New Member Posts: 2 Join Date: 30/09/21 Recent Posts

Hello. Does anyone have any examples of changes to a neighbourhood plan that would 'change the nature of the plan' please? The PPG gives the example of allocating new sites for significant development - our 2nd Ed NP (currently at Reg14) doesn't do this, but it does introduce new policies - would they constitute a change of the nature of the plan? Just trying to find some examples for when I ask the QB for their statement as to how significant they think their changes are. Many thanks

JP
Jonathan Pheasant, modified 2 Months ago.

RE: Changing the nature of a Neighbourhood Plan

Advocate Posts: 151 Join Date: 23/05/11 Recent Posts

Sorry to hijack this message Jo, but you have reminded me of a slightly related matter which I would just throw out for info/comment. On Neighbourhood Plans, regs govern how they are set up. We had a body of people who went through due process and established a Neighbourhood Forum because they wanted to do a Neighbourhood Plan. We engaged with them and established a defined Neighbourhood Plan Area with them which was set as a boundary through due process. So we have a Neighbourhood Area established. They set about writing their plan. Unfortunately they had the wrong idea. They wanted the plan to be very restrictive and the policies they wanted were more about anti social behaviour etc. After a while they gave up and disbanded, indicating that they were no longer intending to do a Plan.  However, that left us with a defined Neighbourhood Area. And there are requirements in the NPPF about such areas. So we decided the best thing to do would be to withdraw/remove the neighbourhood area as it served no purpose. After looking into it and taking legal advice it appeared at the time that there is actually no mechanism to remove a Neighbourhood Area once it has been established. There are only regs for creating one.  So, once one is created..that's it. 

Don't know if anyone else has any experience of this. Revoking/cancelling a Neighbourhood Plan area?

Jon

HP
Henry Peterson, modified 2 Months ago.

RE: Changing the nature of a Neighbourhood Plan

New Member Posts: 4 Join Date: 26/11/18 Recent Posts

On the question of 'abandoned' neighbourhood areas, there are several in London.  They are referred to by as neighbourhoodplanners.london as 'orphan areas'.  Most result from the local authority resisting the boundary that was applied for and amending it to such an extent that no forum subsequently wanted to progress to a plan.  Or from local authorities 'refusing' the forum part of a designation application, on questionable grounds. leaving the area 'orphaned'.

This has happened on two occasions as a result of deisgnation applications to LB Hammersmith & Fulham, resulting in an unnamed neighbourhood area at Eynham Road W12 and another one at the Old Oak Estate, south of Wormwwod Scrubs. 

So it does seem unclear whether such areas remain in a ghost-like limbo, or expire after five years as would a forum which does not apply for re-designation.  Other may have found a relevant piece of the legislattion.

On the original question of what constitutes 'changing the nature of a plan' the content of the NPPG does not seem precise.  I have not come across enough examples of second edition NPs to know where a line is drawn.

 

HP
Henry Peterson, modified 2 Months ago.

RE: Changing the nature of a Neighbourhood Plan

New Member Posts: 4 Join Date: 26/11/18 Recent Posts

Jonathan, the situaton of 'orphan' neighburhood areas in London, which I referred to, is where no forum was ever designated.   New proposals for a forum could have come forward in these areas - but have not (for several years). 

My assumption is that the local authority would not have begun to think about working out a housing requirement in either case.  The Borough Council would have considered this an unnecessary step unless and until triggered by signs of a NP in preparation.    Where a nieghbourhood area forms a small part of a densely built London local authority, arriving at a housing target cannot be an easy task.  Others will know more than me about examples where such targets have been set and how they have featured at examination stage.   Best wishes.