Neighbourhood Planning Process - Roles and Responsibilities - Public forum - Planning Advisory Service (PAS)

Daniel, Mostly correct. I attended a Planning Aid event in Newcastle last year in which Gareth Bradford was in attendence. He gave the impression that the SA would still be the responsibility of the LPA (something to do with the wording in the SEA Directive). You also appear to have missed out the first step where a PC or NF ask the LPA to approve the neighbourhood area. This is what I understand the statutory processes to be: NPA - Send a formal request to LPA for them to designate the NDP Area. NB: Potential Neighbourhood Forums will have to also submit as request to be recognised as a Neighbourhood Forum. LPA - Inform/ invite representations from people who live, work or carry on business in the area to which the application relates by appropriately advertising the designation request/s. LPA - Assess and approve/reject the proposed NDP area or Neighbourhood Forum designation request/s NPA - Work plan up to pre-submission stage (this will hopefully include consultations with the wider community and other key stakeholders. LPA - SA and HRA process (if required) and duty to support. NPA - Submit the final NDP and accompanying material to LPA. LPA - Inform/ invite representations from people who live, work or carry on business in the area to which the application relates by appropriately advertising the submitted NDP. LPA - Organise Independent examination using the relevant soundness tests LPA - Use the examiners report to assess the NDP and approve/reject proposal. Inform all relevant stakeholders of the decision and make the information available LPA - Organise and hold a referendum. Anybody registered to vote in the area covered by the NDP will be entitled to vote. A simple majority of votes (over 50% of those voting) in favour is sufficient for it to succeed. LPA - If Yes ‘Adopt’ the NDP and publish all relevant information. So you see it really is a less complicated system for your average joe :) With regard to who pays, which is a big concern for most Councils I would suggest we all get familiar with the New Burdens Doctorine. http://www.communities.gov.uk/documents/localgovernment/pdf/1926282.pdf

Thanks Kirsty Since we don't have any non-parished areas, the Parish or Town Council or a grouping of parishes must be the Neighbourhood Planning body. As I read the Act, joint working between parishes can only be consensual. The LPA cannot compel parishes to work together or specify the groupings in which they ought to fit and if a parish or group of parishes wishes to prepare a neighbourhood plan, the LPA cannot turn them down (irrespective of the resource implications). An interesting question is whether neighbourhood planning bodies are subject to the duty to co-operate. I don't know if your district includes part of the North York Moors National Park, but if you want to make it really complicated, consider the process for a Parish Plan which straddles a National Park boundary!

You're lucky your authority is just parishes, although they will still have to formally submit the plan area boundary for you to approve. I would assume that the duty to co-operate still applies to NPAs but that is an interesting question. I don't actually work in Redcar anymore but there is one parish which extends into the National Park. I'm sure that will be lots of fun for them if that Parish Council wishes to produce a NDP.

Hi Daniel, The question of who pays is one that focus the mind of most LPAs. I have recently been in contact with the Communites and their response was as follows. I hope this is helpful. The Act requires local authorities to appoint the examiners of neighbourhood plans / orders (see paragraph 7(3)of Schedule 4B to the 1990 Act). As it is their function to appoint, they must be responsible for paying for the work of those persons they appoint. In regards to payment for referendums, the Act requires local authorities to make arrangements to hold referendums (paragraph 14(2) of Schedule 4B). As it is their function they must responsible for paying for the referendum they arrange. We are currently developing the secondary legislation on neighbourhood planning referendums which build on the existing local government referendum regulations and which we anticipate will come into force later in 2012. The requirement will be for the local planning authority to make arrangements for the holding of a referendum into a neighbourhood plan or order. In regards to funding, the Government acknowledges the additional burdens the requirement on local authorities to hold referendums will create and so have committed to provide £50 million until March 2015 to support local councils in making neighbourhood planning a success, ensuring they can fulfil their legal duty to support parish councils and community groups doing neighbourhood planning. This includes organising referendums into neighbourhood plans and orders under the Localism Act. Fiona

Can anyone point me to the exact reference in the Act or Regulations which sets out the 'duty to support' neighbourhood planning bodies. We have searched in vain, so must be missing it.

Hi Mike The Localism Act 2011 provided a new statutory regime for neighbourhood planning. These Regulations make provision in relation to that new regime, part of that is NPPF, which states;- 8. Promoting healthy communities 69. The planning system can play an important role in facilitating social interaction and creating healthy, inclusive communities. Local planning authorities should create a shared vision with communities of the residential environment and facilities they wish to see. To support this, local planning authorities should aim to involve all sections of the community in the development of Local Plans and in planning decisions, and should facilitate neighbourhood planning. Hope this throws a little light. Adrian.

I to am struggling with the basis for the 'duty to support', and thought that the reference to it would be in the Localism Act / NP Regs (especially as the NPPF came after these). Its really not clear, but would like your views on whether it is covered by the 'Duty to Cooperate' section of the Localism Act (section 110 which inserts section 33a into the P&CP 2004) as this applies to Local Planning Authorities and Development Plan Documents which covers NP? Any thoughts?

Hi Craig, I’ve been hesitating about whether to respond to Mike Eccles (I should prevaricate less next time), but now you’ve asked …. The location and explanation of the duty seems to be one of the more challenging aspects of the drafting and might cast some light on the development of the ideas the legislation is trying to convey. 1. See paragraph 282 of the Explanatory Notes to the Localism Act, relating to Schedule 9: http://www.legislation.gov.uk/ukpga/2011/20/notes/division/5/6/3/1/15. This says: “New section 38C [to the Planning and Compulsory Purchase Act 2004] applies new provisions which are to be inserted into the Town and Country Planning Act 1990 on neighbourhood development orders to neighbourhood development plans (as if they were orders but with the necessary modification). Therefore, the provisions on revocation and modification of orders in new section 61M apply in relation to plans (though this does not need to be done by order – see new section 38C(3)), as do those on legal challenges by judicial review (new section 61N). Similarly, because of new section 38C(5) the provision in Schedule 10 (described below) will not only apply in relation to the making of neighbourhood development orders, but plans as well.” [my emphasis] 2. Then see paragraph 286 of the Explanatory Notes (which relates to Schedule 10 to the Act, which is headed ‘Process for Making of Neighbourhood Development Orders’): http://www.legislation.gov.uk/ukpga/2011/20/notes/division/5/6/3/1/16. This says: “Paragraph 3 of Schedule 4B [inserted into the Town and Country Planning Act 1990] places a duty on local planning authorities to provide advice and assistance to qualifying bodies in developing proposals for plans or orders. This support could involve providing technical advice on how to draw up an order or plan or facilitating consultations with the public on proposals. There is no requirement here on local planning authorities to provide financial assistance.” 3. Schedule 9 to the Localism Act at paragraph 7 (page 362) includes the new section 38C ‘Supplementary provisions’. This begins “(1) The following provisions of the principal Act are to apply in relation to neighbourhood development plans” before going on to list varous provisions relating to neighbourhood development orders. 38C(5) begins “Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act ….” Section 38A is headed “Meaning of neighbourhood development plan”. http://www.legislation.gov.uk/ukpga/2011/20/schedule/9 4. Schedule 10 inserts Schedule 4B to the 1990 Act (headed ‘Process for making of neighbourhood development orders’ (!)) and this includes at paragraph 3 (page 364): “Advice and assistance in connection with proposals “3 (1) A local planning authority must give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of, or in connection with, facilitating the making of proposals for neighbourhood development orders in relation to neighbourhood areas within their area. “ (2) Nothing in this paragraph is to be read as requiring the giving of financial assistance.” http://www.legislation.gov.uk/ukpga/2011/20/schedule/10 5. Thus (and trying not to be distracted by what the headings in the legislation actually say) the ‘duty to support’ in respect of neighbourhood plans, as well as neighbourhood development orders, comes from paragraph 3 of Schedule 4B of the 1990 Act. This does seem to be rather complicated. Is it just me?

Thanks for the detailed response Mike. I must admit, the Act and Regs are difficult to follow when they refer to NP requirements but in the NDO section as appears to be the case. I think I will just stick to the plain English guide next time...