Neighbourhood Planning Regulations - Public forum - Planning Advisory Service (PAS)

For ease of reference, the regs can be found here http://www.legislation.gov.uk/uksi/2012/637/contents/made

I’m interested in Q1 above. The advice I’ve received is that the area designation has to come before the forum designation. The advice referred to the apparently sequential nature of the regs explanatory note. I agree with Kirsty that ideally area and forum designations would be done in parallel. This would probably be easier and quicker for the majority of circumstances. However, it is also possible to imagine some complex scenarios where you could get in a bit of a tangle with the regs if it is not done sequentially e.g. where the area boundary choices are debatable or representations are made about a forum not being open to everyone in the area, before an area is designated. In schedule 9 of the Localism Act 61G(2) allows an organisation “capable of being designated” as a forum to propose an area. However, 61F(5) does not seem to allow similar flexibility for forums to be designated in advance of, or in parallel with, an area designation. I’m posting this more in hope of an answer rather than an answer in itself.

When the draft regulations were published, PAS held a session on Neighbourhood Planning for Front-Runner Authorities at which Officers from CLG attended. I asked the very same question re: whether the area must be designated prior to the forum? Gareth Bradford from CLG said the two can run in parallel. This may have changed since the Regulations were published - I will check and report back.

It seems that both the City of Westminster and Wycombe have interpreted the regs as requiring an area designation prior to a forum designation.

Applying Occam's razor, if it doesn't say you can't, you can. I think there is a danger that protracted procedures will kill enthusiasm for localism and I can think of no more telling example than having to run two consultations one after another before anyone can do anything. I think it is vital for the credibility of the neighbourhood planning process that statutory approvals and early stage consultation and plan preparation can all run in parallel. A further question on which Government is wholly silent is whether, and in what circumstances, an LPA can say no, particularly in Parished areas.

Did anyone get a definitive answer to the which one comes first question? - designation of Forum or Area? I initially read the Regs to say the Forum comes first, as application for the area can only come from an organisation which is a relevant body, and it would make sense to me that the group needs to be formed first otherwise who draws up the proposed boundary and who applies to the LPA? However, the Act says the relevant body is a body who is, or is capable ot being, designated as a forum. And the Regs read in this order - area then forum. If we can do them both together then that would solve the issue. If no one is any clearer, can PAS find out for us please?

The advice I've had from our legal section is that "From what I have read so far it is not clear what the order of events should be…So on balance in the absence of further information I think that the 2 processes could be done at the same time…But there must be a more certain answer to this if some authorities have already started these processes and I wonder whether it is possible to get some more information from elsewhere so we can further consider the point…” So its not a 100% clear, but we are proceeding on the basis that they can be done at the same time, that is, when we have applications come in to us. It would help to have clarity on the issue.

If it helps, I note that RBKC appear to have done both at the same time: http://www.rbkc.gov.uk/businessandenterprise/towncentresneighbourhoods/neighbourhoodplanning/norlanddesignation.aspx Kind regards David