Neighbourhood Planning: Delivering expectations?

Transcription

1 RTPI SW Conference Programme Neighbourhood Development Plans Wednesday 1 st February 2017, Bristol Neighbourhood Planning: Delivering expectations? Professor Chris Balch

2 Agenda Objectives set for Neighbourhood Planning Stakeholder expectations Overview of progress to date Securing approval Issues and challenges

3 Neighbourhood Planning: the context Product of Coalition: Simplification, Deregulation and Growth Agenda Open Source Planning and Big Society Devolution to local communities NPPF and NPPG Localism Bill - to hand power back to local communities and place local people at the centre of decision making

4 Balancing centralism and localism Source: Wills, J. (2016) Political Geography Vol 53 pp 43-53

5 Key stakeholders in Neighbourhood Planning Environmental/ Amenity Interests Government Development industry Local Planning Authorities Communities (Urban and Rural) Landowners/ developers

6 Government expectations Rapid and widespread uptake Greater public engagement with and understanding of planning Greater acceptance of need for and benefits of development (positive planning) More land for development (particularly housing)

7 Neighbourhood Planning: uptake in England to January 2017 Applied 2140 Designated 2020 Pre submission draft 636 Submitted 462 Examined 336 Referendum 288 Made 272 Source: Planning Resource

8 Neighbourhood Planning uptake in South West to Jan 2017 Source: Planning Resource

9 Neighbourhood Planning: Referendums in the South West to date Source:

10 Key patterns of uptake Weighted to rural areas (55% to 67%) Overwhelmingly led by town and parish councils Wide variety in size and scope (2 to 114 policies averaging 18) Weighted to more affluent areas Some additional housing allocations (circa 10%)

11 Unexpected outcomes from Neighbourhood Planning Priority for small, preferably brownfield sites Priority for affordable housing to meet local needs Preference for resident/community led schemes Balancing the imperatives of house-building with the priorities of place identity, heritage and environmental protection. Challenging the norms of the house building industry leading to new policy initiatives e.g. Self and Custom Build and SME builder support Quintin Bradley & William Sparling (2017) Housing, Theory and Society, 34:1, pp

12 Local authority expectations Survey by Plymouth University of South West LPAs and local councils in Autumn 2010 Revealed generally low expectations by LPAs of potential outcomes from localism, anticipating: challenges arising in terms of complexity and uncertainty but more effective protection of local assets and amenities and more account of local priorities

13 Expectation of Neighbourhood Planning: local planning authorities Greater consistency of decision making. Greater provision of affordable housing Quicker, better and more transparent decision making More certainty for landowners, developers and investors More sustainable patterns and forms of development. Better co-ordination between development and the provision of physical and social infrastructure More effective protection of valued natural and built heritage assets Greater acceptance of development by local communities Greater protection of local amenity and neighbour interests More responsive approach to local needs and priorities More involvement by local people in planning decisions

14 Analysis of Neighbourhood Plan policies Significant use of protectionist policies Analysis of first 75 made Plans At 1 st October 2015 Source: DCLG (2015) Notes on Neighbourhood Planning

15 Pressures for LPAs arising from Neighbourhood Planning Fulfilling statutory requirements (designation, support, consultation, examination and referendum) Setting a clear strategic policy framework Additional demand on forward planning resources finding the time to engage Managing the expectations of local communities Ad hoc v. Proactive approach

16 Expectation of Neighbourhood Planning: Town and Parish Councils More certainty for landowners,developers and investors 15 Greater consistency of decision making. 31 More sustainable patterns and forms of development Greater acceptance of development by local communities Better co-ordination between development and the provision of physical and social infrastructure Quicker, better and more transparent decision making More effective protection of valued natural and built heritage assets 50 Greater provision of affordable housing 56 Greater protection of local amenity and neighbour interests 63 More involvement by local people in planning decisions 78 More responsive to local needs and priorities

17 Neighbourhood Planning: Time and Outcome of Process Average time to produce Neighbourhood Plan 27 months 3 plans failed at Examination (out of 203): Wantage rejected (Nigel Parminter) insufficient evidence. Slaugham rejected (Ann Skippers) Lack of SEA because in AoNB, lack of clear evidence for numbers and location of housing and inadequate consultation. Coton, Rugby (Christopher Lockhart-Mummery) Aspirational rather than land use policies. 92 needed extensive modification 111 Examiner recommended deletion of policies 1 rejected at Referendum - Swanwick (Amber Valley)

18 Matters for consideration by Independent Examiner Does draft plan meet the basic conditions? Does it meet requirements under S38A and S38B of TCPA 1990, as amended? Area to be covered by referendum

19 Meeting the basic conditions /1 a) Having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the plan, d) The making of the plan contributes to the achievement of sustainable development, e) The making of the plan is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area),

20 Meeting the basic conditions /2 f) The making of the plan does not breach, and is otherwise compatible with, EU obligations, and g) Prescribed conditions are met in relation to the plan and prescribed matters have been complied with in connection with the proposal for the plan.

21 Neighbourhood Planning: Landowner/developer response Small number of business led Neighbourhood Plans Variety of challenges to Neighbourhood Plans Tattenhall legal challenge to Examiners findings rejected. Slaugham - appeal allowed as a result of weight not being given to emerging (and flawed) Neighbourhood Plan. Broughton Astley - legal challenge rejected when SoS overturned recommendation of Inspector to allow appeal for housing development (in absence of 5 year land supply because of conflict with Neighbourhood Plan). Winslow legal challenge to Neighbourhood Plan withdrawn by developer.

22 Written Ministerial Statement by Gavin Barwell on 12 th Dec 2016 Supports housing policies in Neighbourhood Plan from being deemed out of date if LPA cannot demonstrate 5 year land supply when this written ministerial statement is less than 2 years old, or the neighbourhood plan has been part of the development plan for 2 years or less; the neighbourhood plan allocates sites for housing; and the local planning authority can demonstrate a threeyear supply of deliverable housing sites. Extended recovery to SoS of planning appeals involving Neighbourhood Plans

23 Neighbourhood Planning: Expectations fulfilled? Government Local Planning Authorities Communities. Landowners/developers.