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Planning post Localism BillCouncillor Briefing ver 1.1Richard Crawley, Programme Manager
Jan 2011 www.pas.gov.uk
In this session
1. Health warnings, caveats, notes2. The Localism Bill + thoughts
1. Decentralisation2. Planning reform3. Neighbourhood plans
3. What does this mean for councillors right now ?
1. Health warnings, etc.• This is a Bill, not an Act
– Plain English guide to whole bill is http://www.communities.gov.uk/publications/localgovernment/localismplainenglishguide
• Expect change +++– This presentation is version 1.1 (Jan 2011)
• LGA response is– http://www.lga.gov.uk/lga/core/page.do?pageId
=15692252 see also http://www.lga.gov.uk/lga/tio/15927262
1. Health warnings, etc.• Credit to
– CLG for several slides (Dec 2010)– TCPA “Participation in planning” Greg Clark
speech (Nov 2010)
• Localism <> Local Governmentalism– Our view is potentially partisan!
• Many events …
Why decentralisation?
People and communities have greater control over the services in their locality
People can hold local services and institutions to account more effectively than Whitehall
Front line professionals respond to local preferences, with fewer constraints from the centre
So that:
Diversity in local approaches releases innovation in public services – speed and resilience
“When people know that they will get proper support to cope with the demands of new development; when they have a proper say over what new homes will look like; and when they can influence where those homes go, they have reasons to say “yes” to growth.”
•Greg Clark MP, 18/11/10
Why decentralisation ?• “I think that people should be able to make
real choices about planning – much as they should be able to make choices in relation to healthcare or education – as a matter of principle” – Greg Clark at TCPA
• But planning is about the longer-term, broader good.
– The people feeling the impact may not yet be resident. They may not yet be born.
– Individual choice <> communal consensus– Land allocations do not guarantee a local shop !
Why decentralisation ?• “We want to hand over power and
responsibility so that local communities have real choices, and experience the real consequences of those choices” – Greg Clark at TCPA (my emphasis)
• Planning is a slow burn – consequences take decades ?
• Different interests may compete. Is it sensible to assume that the community will make a choice and acknowledge consensus ?
Planning Reform Agenda
Community Right to Build
Neighbourhood Plans Local Plans
National Policy
Incentives
Planning reform agenda (1)• Above and beyond councils:
– National policy framework changing (shrinking ?)– Post RSS new ways to collaborate on sub-regional
issues– LEPs and regional growth– Regional and large-scale infrastructure cooperation
Planning reform agenda (2)• Councils must still own the local strategic
agenda– evidence-based policy; plan-led system
• LDF now the “Local Plan”, • Planning inspectorate as arbiter. • £
– Community Infrastructure Levy / Section 106– New homes bonus– Fees and charges
Planning reform agenda (3)• The bulk of the planning system remains
– Incremental improvement to system still acknowledged as sensible / necessary
– We are still understanding its strengths & weaknesses
– We have been focussing on core strategy adoption. Review and other DPDs not so well served.
• Chose the right tool for the job – neighbourhood plans are for local issues
•The Government is giving neighbourhoods far more ability to determine the shape of the places in which people live through ‘neighbourhood plans’.
– Empower communities to take control
– Neighbourhood not local planning authority led.
– Light-touch process
– Inspire innovation and creativity
– Exploring ways of enabling small scale community development.
– Permissive regime
Planning at neighbourhood level
Neighbourhood plans
• “Neighbourhood plans”– Created by a “neighbourhood”
• Either a Parish Council or a Neighbourhood Forum• Checks and balances required
– Likely to be a variable bunch, reflecting place and likely scale of development• Checks and balances required
– Permit more, not reduce to less• Checks and balances required
– A basket to hold lots of issues, not just planning. A mini SCS ?
Neighbourhood plans
• The plan is implemented through:– Affecting planning application process
• Neighbourhood plan = material consideration
– Removing development from the need for permission altogether• Through neighbourhood development order
– One type is called the Community right To Build (CrTB)
• Also confer PD rights, either entirely or outline
– Also has cumulative impact through• Design codes, conditions for materials / appearance• Acting as consultation channel ?• Other innovations not yet thought of ?
Neighbourhood plans
• It is a “proper” plan – statutory – weighty• But in return, it has to play by the rules
– Domestic context: Regard to national policies, fair, consultative, neighbourly, scrutiny
– EU context : Environment Impact Assessment, human rights,
• Council to “support” and “advise” but not “do”. • Note
– Cannot compete – one neighbourhood to an area– Referendum required– LA has to adopt it – no choice*
How is the Neighbourhood Plan prepared ?
Plan prepared by local communities with council providing support and advice
Examined by independent examiner considering fit with local development plan, national policy and
alignment with other neighbouring plans – leading to non-binding report
Extensive community engagement
Neighbourhood Plan Adopted by local authority
Process instigated by parish council or Neighbourhood Forum
Referendum seeking adoption. Simple majority in favour to progress to adoption
Proceed to referendum
Legal Compliance
Neighbourhood plans must comply with a number of EU Directives (e.g. Environmental Impact Assessment, Habitats Directive) and ECHR.
Local Authority Support
Local Authorities must provide support and advice to parishes or forums preparing a plan.
Referendum
Referendum area can be wider than neighbourhood – if proposals impact on others
Neighbourhood plans
• For example– Town centres– Implementation details for larger / longer schemes– Community-owned assets
• See also Community Land Trust http://www.communitylandtrusts.org.uk/
Neighbourhood plans
• Lots still to iron out– Who is responsible for costs ?– Who defends its policies against challenge?– How do you work out “permissive” ?– How does the plan learn / adapt ?
• What sort of coverage ?– Total, at ward level …– Total, at sub-ward level …– Partial, and only when it suits …
3. So what (now) ?
Keep calm, and carry on:• Continue with strategic policy (core strategy)• Ensure that policy is owned by leadership. It
sets context to more local plans. What is the deadline ?
• You may need a “super” plan to reflect sub-regional issues (waste, water, employment)
– Do you have a LEP ?
• CIL, new homes bonus, assets, infrastructure more generally
3. So what (now) ?
Manage expectations:• What do you say to neighbourhoods ? How ?• What sort of help might they need and are
you resourced to provide it ?• Are you clear what type of areas and themes
are suitable for neighbourhood plans ? – Three versions already in circulation
To summarise
• This is early / new / evolving / variable• You *must* provide a strategic context. This
will not come from a patchwork of NDPs. • Neighbourhood planning is another tool,
alongside Town and Country Planning Act• It is to *promote* development and change• It must allow people to feel the benefit• Councils (and councillors) lose some powers
to say “no”, but gain local buy-in
