Neighbourhood Plan designations/ allocations and the Policies Map - Public forum - Planning Advisory Service (PAS)
Neighbourhood Plan designations/ allocations and the Policies Map
James Campbell, modifié il y a 7 années.
Neighbourhood Plan designations/ allocations and the Policies Map
New Member Publications: 13 Date d'inscription: 21/10/11 Publications RécentesI'd like to know how Councils are dealing with designations and allocations made by neighbourhood plans with regards to the policies map. I'm specifically thinking about Local Green Space but it could be any policy with a spatial extent that could be established in a neighbourhood plan.
The regulations require the policies map to 'illustrate geographically the application of the policies in the adopted development plan.' (my emphasis). And we know that once 'made' a neighbourhood plan is part of the development plan. So my questions are about the practicalities of updating the policies map:
Are you updating the policies map as soon as a new NP is adopted?
How are you making people aware that the policies map has been updated?
Your are you advising the use of online mapping and minimising the number of 'printed' maps?
Are there other issues that I haven't mentioned?
Thanks
Daniel Hudson, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Advocate Publications: 121 Date d'inscription: 25/04/12 Publications RécentesThat's an interesting point - to date none of ours have made specific allocations.
It raises some interesting questions;
1) Should or can neighbourhood plans be required to use standardised designations - so that Local Plan proposals maps don't become over-complicated by hundreds of micro-designations?
2) Should an allocation deriving from a neighbourhood plan appear the same as an allocation deriving from a Local Plan - particularly where they derive from different policies and may carry different weight?
Perhaps the optimum solution is a standardised cross district approach for neighbourhood plan allocations which look 'similar but slightly different' to the Local Plan equivalents.
Former Member, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
We have a number of NPs that are just starting out where it is likely designations will be made (Local Green Space, development allocations and others), so would also be interested to hear thoughts on this one.
Standard notations and an emphasis towards online publication of the policies map would appear sensible, with addenda to the District Policies Map published in hard copy for display etc.
Former Member, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Since Neighbourhood Plan designation maps can be somewhat variable in quality and accuracy e.g where included as insets in written statements etc- no offence/condescension intended but that's my experience - and it is the LPA who have to interpret these for the purposes of DM Land Charges etc often down to individual plot boundaries I cant emphasis enough how useful an exercise it is to plot these as a GIS layer and consider for inclusion within a composite Policies Map when this is next to be revised. This could well head off future problems.
So long as it is clear which are NDP and which are DPD not least for the purposes of encouraging consultation/representations!
I know this was being considered by Arun DC who I believe had the largest proportion of made NDPs in the country and had hit this NDP compatibiliy problem when it came to interpretation of Local Green Space designations.
Obviously this will be also of considerable assistance to users - including colleagues, other professionals and the public generally where the need to check each Parish as well as the LPA is a minefield. Especially in those districts where no index map of NDPs is published!
Daniel Hudson, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Advocate Publications: 121 Date d'inscription: 25/04/12 Publications RécentesAnother thought on this question
If a Neighbourhood Plan seeks to amend a designation in an adopted Local Plan - such as a Development Boundary - does the new policy supersede and formally delete the old (so that the old designation does not appear on the map) or does it sit on top of the old designation so that both old and new designations are shown?
Andrea King, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Enthusiast Publications: 76 Date d'inscription: 19/08/13 Publications RécentesFormer Member, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Fairly obvious but needs to be said? Any policies/designations which one local development document (which I think is the generic name to include Neighbourhood Plans and Local Plans aka DPDs) intends to replace an existing adopted (or made) policy/designation in another LDD should be part of the publicity pack/submission material of the emerging plan and listed as an annex or separate schedule. So that the change becomes obvious and explicit at the time of examination and to which the examiner can refer. Otherwise there is a question of uncertainty about status of replacement and possible lawfulness arising!
I think I am disagreeing with Andrea King as my understanding is that a LP Policies Map is a development plan document in its own right which cant just be modified "on the fly" and has to go through due process including publicity and consultation like the rest of our planning menagerie. Hence what I say above!
I'm as one with Andrea in that this doesnt stop having a user friendly GIS based compendium of spatial policies/allocations/designations on the LA website setting out all extant local development documents so long as each layer is labelled/dated!
All part of our wonderful planning multiverse.
Andrea King, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Enthusiast Publications: 76 Date d'inscription: 19/08/13 Publications RécentesGerard Woods, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
New Member Publications: 23 Date d'inscription: 20/10/11 Publications RécentesI agree with Andrea that a Policies Map is not a DPD. Originally it was referred to as being a DPD, I think the 2004 Act and / or PPS12 said it was a DPD, but that changed at some stage. As I see it, it is a graphical representation of where particular policies apply, and does not contain policies itself, so cannot exist as a DPD by itself.
Paragraph 5.24 of Procedural Practice in the Examination of Local Plans (PINS July 2016 4th Edition v.1) confirms that “the PM is not a DPD, so it is not appropriate for Inspectors to recommend Main Modifications to it. Rather, the role of the PM is to illustrate geographically the application of policies in the plan and it will be for the LPA to update this to ensure consistency with the adopted plan.”
Paragraph 9 of the Town and Country Planning (Local Plans)(England) Regulations 2012 deals with the Policies Map separately to DPDs and SPDs, inferring it is neither:
9.—(1) The adopted policies map must be comprised of, or contain, a map of the local planning authority’s area which must—
(a) be reproduced from, or be based on, an Ordnance Survey map;
(b) include an explanation of any symbol or notation which it uses; and
(c) illustrate geographically the application of the policies in the adopted development plan.
(2) Where the adopted policies map consists of text and maps, the text prevails if the map and text conflict.
It could all do with being explained a lot more simply!
Former Member, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Yes. Happy to be corrected. Proposals Maps were DPDs in their own right and sometime that changed so Policies Maps arnt! Now to research when and where and why!
This introduces perhaps some doubt
Whether 1. the Policies Map sticks with its parent DPD/Local PLan/NDP/AAP i.e there may be as many extant policies maps for an area as there are DPDs - Local PLans Waste Plans Minerals Plans and the rest of Noah's Ark.
or 2. becomes a moving feast which can simply be swept aside or piled up when the next dish of the day arrives ?
BTW I'd contest a Polcies Map must be a Local Development Document otherwise I cannot see what status it has in law. As I say some research needed. I wonder if some helpful Judge somewhere has summed this up in judgement? Any suggestions? So confusing Im sure someone has tripped up before already.
As for Inspector's not recommending Main Modifications including the Policies Map I've seen otherwise - where a senior Inspector encouraged the LPA to introduce just such*.
I'm grateful for reference to v4 of the Proceedural Practice which I missed.
As for boundary reviews to LPA boundaries such as National Parks thus bestowing a legacy plan then there have been loads of examples. The principle is the adopted development plan produced by the previous LPA stays with the parcel of land until the new LPA goes through the process and explicitly revokes when adopting a new development plan. .
Before my time ( a bit) but when the GLC was created the so called Intitial Development Plan for Greater London hung around for nearly a decade until the GLDP and Borough District Plans arrived and the IDP consisted of spliced together bits of the previous county development plan metropolitan town maps - a real jigsaw
*North Dorset Local Plan Part 1 Main Modifications page 21 July 2015
Daniel Hudson, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Advocate Publications: 121 Date d'inscription: 25/04/12 Publications RécentesMy reading is that the policies map is a palimpsest which is amended every time a new plan is adopted.
In terms of its legal status, it is an aggregation of all DPDs and its status derives from those DPDs.
Former Member, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Some assistance is available in [2015] EWCA Civ 298 FOX LAND AND PROPERTY LTD v SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT although that dealt with matters as they stood under the 1990 Act and 1999 Regs and the transition arrangements rather than the new system brought in by the 2004 Act and subsequently the later regs and which concerns us here
para. 28 "....
the relationship between Local Plan policies and the Proposals Map with which the present case is concerned. The Proposals Map is not itself policy, but it illustrates detailed policies, to use the term in section 36(6)(a) of the 1990 act. In particular, it identifies the geographical areas to which the detailed policies apply. Just as the supporting text is relevant to the interpretation of a policy, so the Proposals Map is relevant to the geographical scope of application of a policy and thus to a proper understanding of the policy. One looks at the supporting text and the Proposals Map not because they are themselves policy ‑‑ they are not ‑‑ but because of their relevance to a proper understanding of the policies properly so‑called.
So clearly my orginal statement is well bad as I acknowledged.
However I cannot find any reference here or anywhere else to the "palimpest" interpretation so perhaps Daniel Hudson can set out his source?
Fox Land shows how the Proposals Map (Policies Map) can "live on" even where a policy is superceded - in this case the Green Belt Boundary.
So in a particular area with an adopted Local PLan supported by justification and policies map is an existential entity separate to say the Policies Map for say the Waste Plan (possibly produced by another LPA) and isnt subsumed into some sort of composite aggregate? Likewise the NDP although I accept it is the same LPA who in the end makes the plan.
If so then when the LPA chooses to provide a helpful GIS based web site with different layers for different extant plans that is commendable but that isnt strictly speaking the "Policies Map".
Any other legally authoritative sources which can help?
James Campbell, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
New Member Publications: 13 Date d'inscription: 21/10/11 Publications RécentesDaniel Hudson, modifié il y a 7 années.
RE: Neighbourhood Plan designations/ allocations and the Policies Map
Advocate Publications: 121 Date d'inscription: 25/04/12 Publications RécentesThe Policies Map is not a DPD in its own right, it is the passive recipient of spatial policies generated by Development Plan Documents (and neighbourhood plans) through the Local Plan/Neighbourhood Plan process. If you have a single District wide Local Plan and no neighbourhood plans, this is an academic distinction.
If you have multiple DPDs, incomplete Action Area Plans, some saved policies and some neighbourhood plans, it gets really complicated. If you have boundary changes caused by extensions to National Parks, it gets more complicated still.