Neighbourhood Planning

Transcription

1 Neighbourhood Planning Duncan Moors & Darren Summerfield 6 th March 2018

2 Workshop Aims Background & recent updates National picture Progress in the South West Issues for landowners & developers Group discussion

3 Background Localism Act 2011 Influence at local level forms part of the development plan Lead by parish/town council no requirement to prepare Government remain committed Neighbourhood Planning Act, Written Ministerial Statement, White Paper, Draft NPPF & funding to 2022

4 Recent Updates Neighbourhood Planning Act Emphasises importance Weight given to plans that have passed referendum Provision for modification Housing White Paper Supports neighbourhood planning Proposed NPPF amendments (set out design expectations, confirm can allocate sites) Housing requirement figure from LPA Additional funding Written Ministerial Statement Protection for relevance of neighbourhood plans Draft NPPF Consultation

5 Key Decisions R (oao DLA Delivery Ltd) v. Lewes DC no requirement for making neighbourhood plan to await adoption of up-to-date Local Plan R (oao Gladman Developments Ltd) v Aylesbury Vale DC neighbourhood plan can allocate sites, determine housing numbers and define settlement boundaries in the absence of an up-to-date Local Plan Hoare v. Vale of White Horse conflict with one strategic policy does not mean collectively neighbourhood plan not in general conformity R (Legard) v. (1) Royal Borough of Kensington and Chelsea (2) St Quintin and Woodlands Neighbourhood Forum [2018] allegation of apparent bias and procedural unfairness Devizies, Wiltshire SoS found neighbourhood plan policy limiting site size should be applied flexibly. S38(6) test is a balance with breach of one policy does not mean breach of plan as whole (APP/Y3940/V/15/3/142170)

6 Key Decisions Holmes Chapple, Cheshire East SoS allowed appeal but acknowledged frustration of community with made neighbourhood plan and that if the LPA were delivering housing the planning balance would have been different Wivelsfield, East Sussex SoS refused 95 homes due to conflict with neighbourhood plan Hassocks, West Sussex SoS noted that allowing an appeal for 97 homes may undermine local confidence in neighbourhood planning (APP/D3830/W/14/ ) Yapton, West Sussex SoS upheld decision to refuse giving substantial weight to neighbourhood plan in area with 3 year housing land supply Sandbach, Cheshire East SoS upheld decision to allow appeal but acknowledged role of community in preparing neighbourhood plan and that housing situation of LPA means plan contains policies that already out of date.

7 National Picture Stage Number Designated 2155 Pre-submission draft 733 Submitted 571 Examined 453 Made 349 Source Planning Resource 31/10/2017

8 Regional Picture Area Applied for/ Designated Cornwall 86 5 Devon Dorset 32 3 Somerset Wiltshire Source Planning Resource 31/10/2017 Adopted

9 Regional Picture Cornwall, East Devon & South Hams leading the way Role identified in Local Plans for bringing development forward Cornwall, Teignbridge, East Devon and others Tend to be rural, but include larger settlements St Ives, Newton Abbot, parts of Plymouth & Exeter Whilst many do not allocate sites there are exceptions 10% more housing than would have otherwise been delivered?

10 Landowner & Developer Perspective Recognise growing influence community demand & government commitment Present opportunities Need to be prepared to engage with the process not always straightforward Introducing additional policy requirements inconsistency across LPAs Criteria for site selection Uncertainty over process and timing additional risk Less rigorous examination Decision making not always straight forward

11 RTPI SW 6 March 2018 Workshops Neighbourhood Planning

12 Neighbourhood Planning Workshops General Guidance Context you are: - a DM Officer drafting a Committee Report - a Policy Planner contributing to a Committee Report - a Planner in private practice reviewing a Committee Report on behalf of your client Purpose of the exercise is to consider the issues affecting the determination of the scenario application If you consider that additional information is required, please make assumptions and explain in feedback etc. In all three scenarios please assume that there are no site specific constraints to the development such as highways, ecology, heritage assets etc ASHFORDS LLP. SEMINAR TITLE. DATE

13 Neighbourhood Planning Workshops - Scenario 1 Proposed Development Development Plan Outline application for 100 houses outside of settlement boundary. in open countryside but in a generally sustainable location. Adopted All allocations built out. Emerging Development Plan Preferred Options Consultation recently carried out. The proposed site is a preferred options allocation. Housing Land Supply Position 2.45 years Neighbourhood Plan Successful referendum January 2018 but not yet made. The plan allocates a number of small sites for housing and employment. The proposed site is not one which is allocated in the NP. ASHFORDS LLP. SEMINAR TITLE. DATE

14 Neighbourhood Planning Workshops - Scenario 1 Questions In view of the stage that the Neighbourhood Plan has reached, what weight should afforded to its policies relevant to the determination of the application? What impact, if any, does the fact that the neighbourhood plan allocates sites for housing have on the relevance of the housing supply position in this case? What factors need to be taken into consideration when assessing the weight that should be attributed to the relevant emerging Local Plan policies and in particular those that may be in conflict with the Neighbourhood Plan? ASHFORDS LLP. SEMINAR TITLE. DATE

15 Neighbourhood Planning Workshops - Scenario 2 Proposed Development Development Plan Adopted Outline application 75 houses. The site is outside of the existing settlement boundary but the proposed scheme conforms with the proposed allocation policy in the emerging development plan. Emerging Development Plan Housing Land Supply Position 3.29 years Examination in Public underway. Application site is proposed for allocation but there are significant unresolved objections to the housing numbers and to this allocation. Neighbourhood Plan Made in August Does not allocate sites for housing and seeks to restate the settlement boundary in the 2011 LP. ASHFORDS LLP. SEMINAR TITLE. DATE

16 Neighbourhood Planning Workshops - Scenario 2 Questions What weight can given to the Neighbourhood Plan policy which seek to restate the settlement boundary? How does the land supply position affect the weight that can be given to that Neighbourhood Plan policy? Would the weight that can be given to that Neighbourhood Plan policy be different if the Neighbourhood Plan allocated sites for housing? ASHFORDS LLP. SEMINAR TITLE. DATE

17 Neighbourhood Planning Workshops - Scenario 3 Proposed Development Development Plan Full application for 200 houses. The proposed development straddles two parish boundaries. 75 units are proposed in Parish A and 125 units in Parish B Adopted 2015 and includes allocation for the proposed site. Emerging Development Plan N/A Housing Land Supply Position 4.2 years Neighbourhood Plan Parish A Neighbourhood Plan made 2014 and allocates part of this site for housing. There are no other sites allocated for housing in the neighbourhood plan. NP Contains a policy that seeks to limit the size of future development to no more than 50 dwellings. Parish B No Neighbourhood Plan. ASHFORDS LLP. SEMINAR TITLE. DATE

18 Neighbourhood Planning Workshops - Scenario 3 Questions What are the key issues that factor into the planning balance in this application? What is the implication of the allocation of one housing site in the Neighbourhood Plan in this scenario? How do you think the planning balance should be struck in this scenario, in favour of approving or refusing the application? ASHFORDS LLP. SEMINAR TITLE. DATE