Neighbourhood planning

Applications to designate a neighbourhood area must be made by the qualifying body (QB), which is usually a town or parish council. The neighbourhood area will be the area covered by the NDP and is usually the parish. Where a QB chooses to plan for a neighbourhood area that is smaller than the whole parish this will require a clear planning justification. In another scenario, 2 or more adjoining town or parish councils may wish to prepare a joint NDP. This requires one to take the lead as the QB, which would necessitate the need to get formal consent from the others.

The application should include a:

• map identifying the proposed boundary of the neighbourhood area which we will provide
• statement explaining why it is considered to be an appropriate neighbourhood area
• statement that the organisation making the application (town or parish council) is capable of being a qualifying body

After we have received the application the designation process will depend on the extent of the neighbourhood area:

• if a town or parish council applies for a neighbourhood area covering the whole parish and the application is valid, we will automatically designate the neighbourhood area without undertaking any consultation
• if the area is for part of a parish, or if it covers more than one parish or local authority area the process will take longer because the Council(s) must publicise the application and allow local people to make comments
• in all cases we will need to consider whether the area applied for should be designated as a business area - this approach would be relevant where the area is wholly or mainly business in nature

Where there is no town or parish council, the process is slightly different and the QB will be a neighbourhood forum. In such cases, interested groups should contact the Planning Policy Team for advice on how to set up a forum and apply for the neighbourhood area.

After the neighbourhood area has been designated the qualifying body (QB) will start to prepare the plan. In most cases, the QB will set up a steering group to undertake this work, comprising interested people from the community.

The process can appear daunting and QBs are encouraged to work with us. Officers will provide advice and support, comment on ideas and draft policies and identify useful sources of evidence, but they cannot write the plan for you. Make the most of available skills within the steering group and consider if it would be helpful to get professional support from a qualified town planner with experience in neighbourhood planning.

A made NDP will be part of the development plan and used to decide planning applications, so policies must be clearly written and based on evidence, as well as community aspirations. QBs should bear in mind that NDPs are examined against the basic conditions when thinking about what to include. These require NDPs to:

• have regard to national policy
• contribute to the achievement of sustainable development
• be in general conformity with the strategic policies in the development plan for the local area
• be compatible with human rights requirements
• be compatible with EU obligations

Evidence

NDPs should not repeat national policy or the Part 1 and Part 2 Local Plans, however, they can provide local context and address local land use issues, providing it is supported by evidence. The following are examples of the types of evidence that can inform NDPs:

• demographic data including the Census
• council evidence on a range of issues
• studies undertaken or commissioned by the QB
• results of consultations within the neighbourhood area

Evidence should be proportionate, meaning area specific and sufficient to understand the issue and inform policy. A list of useful sources of evidence is available.

NDPs may allocate sites to meet local needs or aspirations, for example, housing, employment or community buildings and spaces. The QB will need to set out how they have chosen their sites fairly and transparently. Locality has produced a detailed guide about assessing and allocating sites.

Strategic Environmental Assessment and Habitats Regulations Assessment

One of the Basic Conditions requires NDPs to be compatible with EU obligations. The QB should undertake a Strategic Environmental Assessment (SEA) and Habitats Regulations Assessment (HRA) screening of the draft plan. This will inform whether the NDP will require a full SEA. Locality has produced a toolkit which describes what an SEA is, when one is required and the process of screening a neighbourhood plan to determine whether SEA is necessary.

QBs may find it helpful to get the draft NDP health checked to understand if it is on the right track, particularly if consultants are not engaged. Two organisations offer a health check service, the Neighbourhood Planning Independent Examiner Referral Service (NPIERS) and Intelligent Plans and Examinations (IPe). The cost of a health check would be covered by the neighbourhood planning grant.

The QB must publicise the plan amongst people who live, work and do business in the neighbourhood area. This is a formal consultation stage which lasts for a minimum of 6 weeks. We will provide a list of statutory consultees.

QBs should consider how to publicise the NDP, for example, the parish council website, noticeboards, newsletters and exhibitions. Publicity material must make it clear where documents can be viewed, how to make comments and when the closing date is. Documents are usually placed at a convenient location in the neighbourhood area.

After the consultation has finished, the QB should set out how it has responded to comments in a consultation statement. This statement will also document all the efforts that have been made to engage the community throughout the process.

The QB will need to prepare a Basic Conditions statement to explain how the NDP meets the Basic Conditions.

This is the stage where the QB submits its NDP (which must be in an accessible format) to us for a further round of formal consultation. As with Regulation 14, the minimum period is 6 weeks, we will publicise the consultation, and specify where documents can be viewed, how to make comments and when the closing date is.

Submission is made up of the following documents:

• proposed NDP
• map showing the neighbourhood area (usually within the NDP)
• consultation statement
• basic conditions statement
• statement that the plan is unlikely to have significant environmental effects (the SEA/HRA report)

The QB should also provide us with details of respondents to the Regulation 14 consultation.

Neighbourhood development plans (NDPs) are examined by an examiner who is independent of us and the qualifying body (QB). The role of the examiner is to examine the NDP against the basic conditions, which require NDPs to:

• have regard to national policy
• contribute to the achievement of sustainable development
• be in general conformity with the strategic policies in the development plan for the local area
• be compatible with human rights requirements
• be compatible with EU obligations

We have established a framework for appointing an examiner. The examiners on the framework are qualified town planners and have considerable experience in examining neighbourhood plans. Examiner appointments are made and paid for by us with the agreement of the QB.

The examiner will produce a report with recommendations on the NDP and whether it meets the basic conditions. The report will conclude either:

1. the NDP can be made subject to a successful referendum; or
2. the NDP is modified and then can be made subject to a successful referendum; or
3. the NDP does not proceed because it does not meet the necessary legal requirements

The examiner will also consider whether the area for the referendum should be extended beyond the neighbourhood area. This rarely happens.

We must make a decision on the examiner’s report, either within 5 weeks of receiving the report or at a later date agreed with the QB. Our EAP Planning Communities Committee will make a decision on the examiner’s report and if it agrees with their recommendation that the NDP be made, with or without modifications, it will proceed to referendum.

The referendum will be organised and run by us in a similar way to an election. It will be open to all eligible voters in the referendum area, which is usually the same as the neighbourhood area (see Examination above).

If the neighbourhood area is also a business area which contains dwellings, there will be 2 separate referenda, one for residents and the other for businesses.

Information about the referendum and specific documents will be provided, online and at a location in the neighbourhood area. These include the referendum version of the neighbourhood development plan (NDP) containing changes made following the examination.

There are strict rules about what QBs can do during the pre-referendum period in terms of publicity. QBs should only issue factual information, such as the date of the referendum. There are also limits on the amount of money that can be spent on publicity, based on the number of eligible voters.

Voters will be asked if they want us to use the NDP to help it decide on planning applications in the neighbourhood area. A majority of people voting must support the plan for it to be made. In the case of business areas, if only one of the referenda is in favour it will be for us to decide whether to adopt the NDP.

Following the referendum, providing the majority of voters have voted in favour of the NDP, we will make (adopt) the plan. The NDP will then become part of the development plan for the area and will be used alongside the Part 1 and Part 2 Local Plans for North Northamptonshire, and other material planning considerations for decision making on planning applications.

We will notify the QB of the result and update our website with the made version of the plan.