Issue details

Neighbourhood planning provides local communities with the opportunity to guide development in their area and have a greater say in planning decisions through a Neighbourhood Development Plan (NDP). Neighbourhood planning was introduced in the Localism Act 2011 with specific legislation, the Neighbourhood Planning (General) Regulations (2012) (as amended).

NDPs can establish general planning policies for the development and use of land, and associated social, economic, and environmental issues, in a designated neighbourhood area, for example NDPs can provide allocations for new homes and businesses as well as providing policies on their design. The plan can be detailed or general. However, NDPs cannot be used to prevent growth and development, rather they are required to accord with the principle of sustainable development and be in general conformity with the statutory development plan.

NDPs are subject to full public engagement, examination, and public referendum. Once adopted a NDP will form part of the statutory development plan, which will be used to help guide planning decisions within the neighbourhood area.

The designation of Uckington Neighbourhood Plan Area
Uckington Parish Council have requested to designate the parish of Uckington as a Neighbourhood Plan area. As this is requested by the Parish Council, who is the relevant body, and the designation is related to the whole of the parish area, the decision has been delegated to the Head of Development Services, in accordance with delegated powers of Tewkesbury Borough Council.

Uckington Parish will see significant changes over the coming years, due to a strategic allocation at Elms Park which is situated in Uckington Parish and was allocated through the adopted Joint Core Strategy process. The Parish Council would like to develop a neighbourhood development plan to help integrate this new development into the existing Parish and to address infrastructure requirements through providing appropriate planning policies for the area in a neighbourhood plan. Further information is set out in the Parish Council’s planning statement which was submitted as part of the request to designate the neighbourhood plan area and can be found in the appendix to this report, along with a plan of the proposed neighbourhood planning area.

Preparation of the NDP
There are 7 key stages to preparing a NDP:

Stage 1: Designating the neighbourhood area

The first formal stage in the NDP preparation process is for local people to decide how they want to work together and then to form an appropriate body (the neighbourhood planning forum) who will then apply to the Local Planning Authority (LPA) for their area to be designated.

The LPA then checks that the suggested boundary for a neighbourhood area is appropriate. Two proposed neighbourhood areas overlapping for example may not be appropriate.

Stage 2: Preparing the draft plan

The neighbourhood planning forum, will collate their ideas and draw up their plan which will need to follow some general rules:

• NDPs must be in general conformity with local strategic policies, and national planning policies;
• they must be legally compliant;
• if the LPA sees the neighbourhood area as a growth area, then communities cannot use neighbourhood planning to block the building of new homes and businesses; they can, however, use neighbourhood planning to influence the type, design, location and mix of new development;
• neighbourhood plans must contribute to achieving sustainable development; and
• The NDP must be subject to public consultation.

Stage 3: Pre-submission publicity and consultation

The neighbourhood forum must publicise the draft plan and invite representations prior to submission to the local planning authority. This should include consulting relevant bodies as appropriate depending on the area covered by the plan and its content.
Consideration of the responses should be undertaken and amendments made as necessary.
A consultation statement should then be prepared to accompany submission of the Neighbourhood Plan along with a statement explaining how the neighbourhood development plan meets the basic conditions required.

Stage 4: Submission of a neighbourhood plan

The neighbourhood forum will submit the plan to the Local Planning Authority. At this stage the Local Planning Authority will check that the submitted plan and associated documents is compliant with all relevant legislation.
Upon finding the submission compliant, consultation will be undertaken by the Local Planning Authority for 6 weeks, and the LPA will appoint an independent examiner.

Stage 5: Independent Examination
An independent examiner will check that the NDP meets the required basic conditions. If the plan does not meet these conditions the examiner will recommend changes. The LPA will then need to consider the examiner’s views, consult with the town or parish council, and decide what action is required. If the examiner recommends significant changes, then the town or parish council may decide to consult the local community again before proceeding.

Stage 6: Community referendum

The LPA must organise a referendum on any neighbourhood plan that has been found to meet all the basic conditions. This ensures that the community has the final say on whether a neighbourhood plan comes into force. People living in the neighbourhood area who are registered to vote in local elections will be entitled to vote in the referendum. If more than 50% of people voting in the referendum support the plan, then the LPA must bring it into force, make or adopt the plan. The question to be asked at referendum is set as:

“Do you want Tewkesbury Borough Council to use the [insert name of plan] Neighbourhood Plan to help it decide planning applications in the [insert name of area] Neighbourhood Area?”

Stage 7: Legal force

Once a neighbourhood plan has been made/adopted, following a successful referendum, it has full legal force and therefore carries real legal weight. Decision makers are obliged to consider proposals for development in the neighbourhood area against the made neighbourhood plan and the plan is therefore a material consideration in planning decisions.

The LPA’s role
LPAs have a statutory duty to advise and assist communities in the preparation of neighbourhood plans and to take plans through a process of independent examination and public referendum. The Localism Act 2011 sets out the LPA’s responsibilities:

• Designating the neighbourhood area
• Advising or assisting communities in the preparation of a neighbourhood plan, including determining if a plan requires a Strategic Environmental Assessment (SEA) and Habitats Regulations Assessment (HRA) through a statutory screening process undertaken by the LPA
• Checking a submitted plan meets the legal requirements
• Carrying out public consultation on a submitted plan proposal on behalf of an independent examiner
• Arranging and paying for the independent examination of the plan
• Determining whether the neighbourhood plan meets the basic conditions and other legal requirements
• Arranging and paying for a referendum to ensure that the local community has the final say on whether a neighbourhood plan comes into force in their area; and
• Subject to the results of the referendum, bringing the plan into force, making, or adopting the plan.
Since the Localism Act, the neighbourhood regulations have been amended (http://www.legislation.gov.uk/uksi/2018/38/made) and planning practice guidance now sets out what the duty to advise and assist means. The 2018 Regulations requires the council to provide advice and assistance to communities wishing to do a neighbourhood plan and to set this out in their Statement of Community Involvement. The council is about to commence a review of its SCI, which will take into account any changes to the regulations and guidance since it was last reviewed. Planning guidance states that a local authority should:
• Be proactive in providing information to communities about neighbourhood planning
• Fulfil its duties and take decisions as soon as possible, and within statutory time periods where these apply
• Set out a clear and transparent decision making timetable and share this with those wishing to prepare a neighbourhood plan
• Constructively engage with the community throughout the process, including when considering the recommendations of the independent examiner of a neighbourhood plan.

Reason:

An application has been made by a relevant body (Uckington Parish Council) for the whole of the parish area to be designated as a neighbourhood planning area. The application fulfils the requirements of the Neighbourhood Planning Regulations, 2012.