Leeds Planning Network Master Class - Neighbourhood Planning: Impact on Development

Neighbourhood Planning: Impact on Development #LPNLEEDS

Chair Introduction

#LPNLEEDS

Prof. Gavin Parker Professor of Planning Studies at the School of Real Estate & Planning, University of Reading #LPNLEEDS

School of Real Estate and Planning

'Neighbourhood planning: who's doing what and where? A five year overview' Prof Gavin Parker Leeds, 1st March 2016 Š University of Reading 2016

www.reading.ac.uk

Neighbourhood Planning

• NP as a microcosm of planning issues generally‌ 5

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Neighbourhood Planning • Involved directly in orchestration of NP between 20122014 via RTPI/Planning Aid England • NP ‘User experience’ published October 2014

• Many issues identified in this & wider lit: – – – – – – –

Speed / delay Role of LPA Advice / guidance Scope Weight / relationship with the Local Plan ‘Ownership’ Non-participation 7

Neighbourhood Planning • Localism Act 2011 has created a distinct spatial arrangement for the exercise of government – the neighbourhood: ‘Its manifestation in planning is the assumption that our capacities can be best utilised if we engage in neighbourhood, rather…city or regional or national planning’ (Davoudi & Madanipour, 2013: p558)

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Neighbourhood Planning • Experience of participatory opportunities in the past known variation in capacity across localities…

• Lowndes and Pratchett (2012) - communities will benefit or respond differently and in an uneven way to the government’s localism agenda, • Neighbourhoods ‘sinking or swimming on the tides of localism’.

• Way that NP has been designed / framed…(Gunn et al, 2015; Parker et al, 2015)

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Neighbourhood Planning Neighbourhood Development Plans and growth: ‘that [NDPs] support the strategic development needs set out in Local Plans, including policies for housing and economic development’ (NPPF, 2012: para 16) and that:

‘Neighbourhood Plans and Orders should not promote less development than set out in the Local Plan or undermine its strategic policies’ (NPPF, 2012: para 184).

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Neighbourhood Planning • What is involved in NDP production?

– – – – – – – – –

Area Forum (the qualifying body) Area Designation / Parish or combined Evidence gathering / Consultation / Engagement Draft plan Pre-submission Consultation Submission Average time to referendum Independent examination (and report) = 27 months Neighbourhood Referendum Plan ‘Made’ by LPA

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Neighbourhood Planning • By February 2016…

– 1625 designated areas – 130 passed referendum • Notably only 70 were Frontrunners – Examination – all bar one needed modification • 60 needed ‘extensive’ modification • 63 recommended deletion of policies – Average number of policies = 18 – Range 2-114 policies – 65 LPAs 16

Neighbourhood Planning

(Source: DCLG, Dec 2015) 17

Neighbourhood Planning • Who is involved?

• NP as co-produced enterprise?

– At least 70% of NDPs involve private planning consultants (Parker et al, 2014; 2015)

• LPA – ‘Duty to support’ • Gatekeeper role

• Mixed levels of support…

• DCLG – want further peer support….implications?

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Neighbourhood Planning

• 42% of neighbourhood areas in South (SE/SW) 19

Neighbourhood Planning Regional and Qualifying Body (Parish/Forum) Distribution of Neighbourhood Planning (Jan 2016) NP to referendum: Parish / Forum / Total

NP Qualifying Bodies*: Parish / Forum / Total

0 / 3 = (3)

1 / 63 = (64)

South East

50 / 2 = (52)

340 / 20 = (360)

South West

15 / 1 = (16)

312 / 13 = (325)

West Midlands

12 / 4 = (16)

231 / 6 = (237)

East Midlands

21 / 0 = (21)

189 / 8 = (197)

East of England

10 / 0 = (10)

181 / 1 = (182)

Yorks & Humber

2 / 0 = (2)

86 / 16 = (102)

North West

7 / 2 = (9)

90 / 18 = (108)

North East

1 / 0 = (1)

44 / 5 = (49)

118 / 12 = (130)

1475 / 150 = (1625)

Region (England)

London

England (total):

• Very few Forums: 12 passed Referendum, 150 designated 20

Neighbourhood Planning Urban / Rural spread of neighbourhood planning Yorks & Humber West Midlands South West South East North West North East London East of England East Midlands 0

50

100

150

200

250

300

350

400

Largely Rural (rural including hub towns (50-79%) Mainly Rural (rural including hub towns (>=80%) Urban with Significant Rural (rural including hub towns 26-49%) Urban with City and Town Urban -major Conurbation Urban - minor conurbation

• Only 150 of the 1625 in Forum areas - 55% ‘largely’ or ‘mainly’ rural 21

Neighbourhood Planning Region (Pop.)

IMD Q1

IMD Q2

IMD Q3

IMD Q4

IMD Q5

Totals

1

1

2

19

40

64

South East (8.635m)

214

61

57

23

5

360

South West (5.289m)

46

122

73

76

8

325

West Midlands (5.602m)

41

25

149

16

6

237

East Midlands (4.533m)

48

82

38

20

9

197

East of England (5.847m)

58

61

39

17

7

182

Yorks & Humber (5.284m)

3

19

8

46

26

102

North West (7.052m)

3

52

27

13

14

109

North East (2.597)

0

0

17

25

7

49

All (53.865m)

414 (25.4%)

424 (26.1%)

410 (25.2%)

255 (15.7%)

122 (7.5%)

1625 (100%)

London (8.174m)

Neighbourhood Planning areas - Index of Multiple Deprivation Breakdown (Local Authority level, Jan 2016) (Note: based on 2015 IMD classifications and ONS 2013 population projections. Q1 = least deprived / Q5 = most deprived)

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Neighbourhood Planning Average IMD Quintile (2015) at the neighbourhood level 5.5 5 4.5 4

IMD Quintile

3.5 3 2.5 2 1.5 1 0.5

• Neighbourhood Areas that have passed referendum n130 - only 4 in IMD Q5 (x11 in Q4/5) 23

Neighbourhood Planning Experiences • • • • • •

Burdensome Needed help Support – very important Guidance too vague – toolkits now produced Critical of scope and control – mis-sold?

Contestation over scope and resistance to the ‘technologies’

Some issues • Depends where you are, what other plans are in place, what type of LA you have…

• Not necessarily a tool for all – need to ensure that alternatives are visible, valued and supported • Objective-led i.e. the right tool and support for the task / substantive issues faced…

• Issues of integration 24

Neighbourhood Planning Conclusions • Some areas have adopted NP as a mainstream approach to local planning e.g. Herefordshire, Sussex, Leeds • Mixed support / attitudes – 1/3rd of LAs no NP activity…but other work?

• Particular type of take-up in NP – a mixed game – Predominately rural

• Slow progress • Net additionality?

• Integration

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Neighbourhood Planning More detail on this found in: • Parker, G. (2016, in press) ‘The Uneven Geographies of Neighbourhood Planning in England’, in Bradley, Q. and Brownill, S. (eds.) Neighbourhood Planning and Localism: Power to the People? Policy press, Bristol.

• Parker, G. and Salter, K. (2016) ‘Five years of neighbourhood planning: a review of take-up and distribution’, Town and Country Planning, April 2016, Vol. 85(4): in press.

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Neighbourhood Planning • Questions…

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Paul Butler Director of PB Planning

#LPNLEEDS

Neighbourhood Plans : A Developer’s Perspective 1st March 2016

Paul Butler BA (Hons) MSc MRTPI Former Head of Planning - Yorkshire Region Barratt Homes & David Wilson Homes

Introduction •

Developer’s Change In Stance

•

Neighbourhood Plan Basic Conditions

•

Project Examples

• Conclusions

Developer’s Change in Stance •

Initial uncertainty

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Realisation that Neighbourhood Planning is here to stay

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Case examples providing further guidance in respect of a developer’s potential role in the making of Neighbourhood Plans

• General increase in the desire of the development industry to collaborate more with local communities •

Desire to maximise the potential opportunities that Neighbourhood Plans can provide

Neighbourhood Plan Basic Conditions The Town and Country Planning Act sets out at Paragraph 8(2) of Schedule 4B that a Neighbourhood Plan should meet the following “basic conditions”:a) have regard to national policies and advice contained in guidance issued by the Secretary of State; b) have special regard to the desirability of preserving any listed building or its setting or any features of special architectural or historic interest that it possesses; c) have special regard to the desirability of preserving or enhancing the character or appearance of any conservation area; d) contribute to the achievement of sustainable development; e) be in general conformity with the strategic policies contained in the development plan for the area of the authority; f) not breach, and it is otherwise compatible with, EU obligations; g) prescribe conditions that are met in relation to the plan and the prescribed matters have been complied with in connection with the proposals for the plan” If a Neighbourhood Plan does not meet each of the Basic Conditions then it cannot be considered a sound and robust document, thereby risking the successful ‘making’ of the document when it reaches the examination stage.

Neighbourhood Plan Basic Conditions The Town and Country Planning Act sets out at Paragraph 8(2) of Schedule 4B that a Neighbourhood Plan should meet the following “basic conditions�:a) have regard to national policies and advice contained in guidance issued by the Secretary of State e) be in general conformity with the strategic policies contained in the development plan for the area of the authority

A) Have regard to National policies and advice contained in guidance issued by the Secretary of State:National Planning Policy Framework:•

Para 16 - Plan positively to support local development, shaping and directing development in their area that is outside the strategic elements of the Local Plan

•

Para 183 - Neighbourhood planning gives communities direct power to develop a shared vision for their neighbourhood and deliver the sustainable development they need

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Para 184 - Neighbourhood plans must be in general conformity with the strategic policies of the Local Plan.

•

Para 184 - Neighbourhood plans and orders should not promote less development than set out in the Local Plan or undermine its strategic policies.

A) Have regard to National policies and advice contained in guidance issued by the Secretary of State:Planning Practice Guidance:•

Proportionate, robust evidence should support the choices made and the approach taken.

•

A neighbourhood plan can allocate sites for development. A neighbourhood plan can allocate additional sites to those in a Local Plan where this is supported by evidence to demonstrate need above that identified in the Local Plan. A neighbourhood plan can propose allocating alternative sites to those in a Local Plan.

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Neighbourhood Plans should not be used to constrain the delivery of a strategic site allocated for development in the Local Plan.

•

A qualifying body may wish to consider what infrastructure needs to be provided in their neighbourhood area alongside development such as homes, shops or offices.

E) Be in general conformity with the strategic policies contained in the development plan for the area of the authority:-

• Should there be a conflict between a policy in a neighbourhood plan and a policy in a Local Plan, section 38(5) of the Planning & Compulsory Purchase Act 2004 requires that the conflict must be resolved in favour of the policy which is contained in the last document to become part of the development plan. • What if the Neighbourhood Plan is being progressed in advance of the Development Plan and does not align with the emerging draft Development Plan policies? • What if the Neighbourhood Plan is being progressed in accordance with draft Development Plan policies which could potentially be considered un-sound?

Project Example - York •

Delays in the preparation of the Local Plan have provided the opportunity for a Neighbourhood Plan to be progressed prior to adoption of the Local Plan.

•

Previous Publication Draft Local Plan identified a level of housing being delivered to the settlement which was higher than desired by the local community – 500 vs 100

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The process is being used to seek to amend the LPA’s original stance and influence the preparation of the next draft Local Plan

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If Neighbourhood Plan is “made” in advance of Local Plan adoption then there is a risk that the work will be abortive.

•

A number of potential benefits associated with the delivery of an increased number of homes will be missed - Including CIL (25%); S106 monies; & Infrastructure provision

Project Example - Leeds •

Delays in the preparation of the Local Plan have provided the opportunity for a Neighbourhood Plan to be progressed prior to adoption of the Local Plan.

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Draft Neighbourhood Plan identifies that the Local Plan will determine the number of homes to be delivered to the settlement. The draft plan focuses on detailed policies such as design and deliverable/viable community infrastructure.

•

Neighbourhood Plan Group are willing to discuss proposals with developers and listen to their points of view.

•

Neighbourhood Plan Group aim to work in tandem with the LPA to ensure that work is not abortive.

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Understand the potential benefits associated with the delivery of new homes within the settlement –Including CIL (25%); S106 monies; & Infrastructure provision

Project Example – Barnsley •

Previous Draft Sites & Policies Local Plan identified 100 homes being delivered to the settlement which was higher than that desired by the local community and on an un-favoured site.

•

Draft Neighbourhood Plan identifies no new housing allocations in the settlement – a stance which now aligns with the new emerging Draft Local Plan. However, the Draft Neighbourhood Plan identifies a significant number of community infrastructure aspirations that can only be delivered through a housing development of over 100 homes and on an alternative specific site.

•

The specific site is being promoted and the developer is willing to deliver all of the community’s identified aspirations and needs.

•

The Neighbourhood Plan Group are not willing to engage with the developer on account of the current stance of the Draft Local Plan. Though the LPA have raised the potential to amend their position if there is community support for the proposed alternative site.

•

Concerns that the Draft Local Plan maybe found un-sound and thus if the Neighbourhood Plan is “made” in advance of Local Plan adoption then there is a risk that the work will be abortive.

Conclusions •

Developers are far more proactive now and want to work collaboratively with Qualifying Bodies.

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Experience shows that Neighbourhood Plans are being used to guide Local Plan policies. Local Planning Authorities need to be stronger in these circumstances.

• Where used correctly Neighbourhood Plans can generate transparency and trust in the planning system.

•

Opportunities to deliver significant community benefits are however still being missed.

Paul Butler Director paul.butler@pbplanning.co.uk

Alyson Linnegar Neighbourhood Plan Independent Examiner #LPNLEEDS

Neighbourhood Planning An Examiner’s Perspective Leeds Planning Network Master Class Neighbourhood Planning: impact on development 1 March 2016

Introduction - who am I? • A planning professional with 40 years experience • A self employed planning consultant based in North Lincolnshire • Particular experience in affordable housing and community engagement • An independent neighbourhood plan examiner

The independent examiner • Independent of the Parish Council or Neighbourhood Forum • Has no interest in the land affected by the draft Plan • Has appropriate qualifications and experience • Is appointed by the LA with agreement of the Parish Council or Neighbourhood Forum

What is NPIERS • Developed by the RICS, RTPI, POS, ACRE and Locality with support from CLG • Key source of independent examiners with necessary skills and experience • Application is free for either a pre-submission health check review or the referral of examiners who are able to undertake the neighbourhood plan examination

The independent examination • Limited to testing whether the NP meets the basic conditions and other regulatory requirements • Default position is an examination by written representations • Format and scope of a hearing is decided by the examiner

What are the ‘basic conditions’ • Must have regard to national policy • Must be in general conformity with the strategic elements of the Local Plan • Contributes towards sustainable development • Compatible with EU obligations

How will a Neighbourhood Plan succeed at examination?

• Consider carefully the area to be designated • Do not cover all possible topic areas • Embrace the opportunity to promote sustainable development • The main focus of the Plan should be the policies • Do not repeat sections of the NPPF or Local Plan policies

How will a Neighbourhood Plan succeed at examination? (ctd) • Remember the Plan is tested against policies in the adopted Local Plan • Concise and well worded policies • Work collaboratively with the LA • Screen early for SEA and HRA • SEA appropriate for the level of the NP

Promoting Development • Example of a NP I examined in an area where pressure for growth

• Out of date Local Plan and no housing figures for the settlement • QB embraced the opportunity to support new housing development and community benefits it could bring • Robustly assessed potential sites • Engaged with potential developers • Allocated sites with specific site requirements • Agreed specific projects for section 106 or to use CIL

Effect of Neighbourhood Plans on Housing Development • • • •

Legal challenges by housing developers Appeal decisions Revised guidance in the NPPG Watch this space!

Contact details Alyson Linnegar Planning Consultancy E-mail Tel Mobile

alyson@theruralplanner.co.uk 01427 752536 07707994909

www.theruralplanner.co.uk

Q&A

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Key Points & Conclusion

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Our next Master Class 17th March 2016 What is the future for affordable housing? #LPNLEEDS