Community Right to Build Orders and Green Belt policy - Public forum - Planning Advisory Service (PAS)
Community Right to Build Orders and Green Belt policy
Hello,
A community group in our area has asked us to advise on whether a Community Right to Build Order (CRTBO) would be a good way for them going about creating a community-led housing development.
They have a general area in mind, and are in the process of looking for a site they can use. I don't know the scale of the scheme they have in mind, but think it's less than 10 units). It is quite likely the land they want to build on will be in the Green Belt on the edge of an urban area.
We haven't been involved in CRTBOs before, so I've read just about everything I can get hold of on the topic, but am left confused and thinking it seems an awful lot of work for the community group to undertake, while a traditional planning application might get them the same result more quickly and with less hassle and expense.
If anyone has experience with CRTBOs then I would appreciate hearing your views on this.
According to the PAS guidance to LPAs on the subject, (http://www.pas.gov.uk/documents/332612/1099329/Legal+requirements+guide+CRTBO.pdf/b01830df-89cf-4170-8e2a-031de6e9cfe2) the examiner has to consider (amongst other things) whether the draft order meets the basic conditions for a CRTBO as set out in the legislation which include that it has regard to national policy and guidance from SoS and is in general conformity with the strategic policy of the development plan for the area or any part of that areaA.
I presume this means that the CRTBO needs to comply with the Green Belt policy in the NPPF.
If an Order does not comply with national Green Belt (or any other) policy, does the examiner have to recommend non-adoption of the order?
If this is the case, I can't understand how this process is supposed to be easier or reduce "red tape" for a community group in comparisson with submitting a normal planning application. It seems like more work, takes longer, and doesn't seem to provide any advantage.
I could see an advantage if the CRTBO didn't have to comply with certain policy aspects such as Green Belt, as this could give community groups the ability to build things that the community wanted, but which would not otherwise be granted planning permission. This could give them access to cheaper land, and therefore an advantage over commercial developers. (That's not to say I think they shouldn't have to comply with policy, just that it would give some purpose to the Community Right to Build).
Perhaps the seemingly low take-up of CRBOs speaks for itself...!
Thanks very much for your help,
Grace
Andrew Chalmers, modified 7 Years ago.
RE: Community Right to Build Orders and Green Belt policy
Advocate Posts: 169 Join Date: 20/10/11 Recent PostsI guess you've noticed that paragraph 90 of NPPF explicitly regards development brought forward under a community right to build order as not inappropriate, subject to preserving the openness of the Green Belt and not conflicting with Green Belt purposes. You need to ensure that the scheme would satisfy an examiner in regard to National and local policy on Green Belt.
The process was of course set up when localism was all the rage, at least at the headline grabbing level, but clearly local groups could not be allowed to simply build anything anywhere, so it is deliberately not simple.
Even more significantly don't forget you need to bear in mind how representative of local people the community group is before a significant amount of work is undertaken for 10 houses. The decision is not made ultimately on the merits of the planning case, assuming it gets through examination, but on a local referendum. Would the wider community be supportive of Green Belt development? Might there be wider fears that others may step in and want to do the same?
Clearly subject to obtaining land, a planning application that complies with local and Green Belt policy could be a lot quicker.