Contents
- What are neighbourhood plans?
- Who prepares the neighbourhood plan?
- Defining an appropriate area for a neighbourhood plan
- Preparing the plan
- Submission of the Plan
- Examination
- Referendum
- Adoption
- Background Reading
1. What are neighbourhood plans?
Neighbourhood plans can be used by communities to enable to establish general planning policies for the development and use of land in a defined, or designated, neighbourhood area. Once plans are adopted Neighbourhood plans will become part of the planning policy against which planning applications will be assessed, alongside wider local plans.
A neighbourhood plan should support the delivery of strategic policies set out in the local plan or spatial development strategy and should shape and direct development that is outside of those strategic policies (as outlined in paragraph 13 of the revised National Planning Policy Framework (GOV.UK website)). Within this broad context, the specific planning topics that a neighbourhood plan covers is for the local community to determine.
Neighbourhood plans are concerned with land use and development issues, and are expected to positively support and be in general conformity with strategic policies of adopted local development plans. This means that aspects such as housing numbers, perhaps even sites, will most often be set by the Local Plan and the neighbourhood plan must work within those parameters. Neighbourhood plans are about shaping new development – not stopping it.
Basic conditions
Neighbourhood plans must satisfy a set of statutory 'Basic Conditions' before they can pass examination and proceed to referendum. These conditions ensure plans align with national policy, local development frameworks, and legal environmental requirements.
The basic conditions for neighbourhood plans are:
- have regard to national policy and advice contained in guidance issued by the Secretary of State
- contribute to the achievement of sustainable development
- not result in the local authority providing less housing than would have been provided if the plan did not exist
- not prevent development from taking plac which is proposed in the development plan for the area and if it took place, would provide housing
- comply with relevant environmental outcomes reports (EOR)
- not breach, and be otherwise compatible with assimilated/retained EU obligations
- comply with human rights legislation
- meet prescribed conditions in relation to the plan (meaning that the plan has passed all necessary legal, environmental and procedural requirements)
In addition to what is set out in the primary legislation, secondary legislation requires plans to:
- comply with Habitats Regulations requirements, and have regard to all material considerations (including Environmental Impact Assessment where relevant)
2. Who prepares the neighbourhood plan?
Where the neighbourhood area includes the whole or part of a parish council area, the parish council is the only organisation that can formally progress the neighbourhood plan or a neighbourhood development order. If there is no parish council, this process would have to be led by a designated neighbourhood forum – which is a group that has been formally granted the legal powers to do neighbourhood planning. This could be an existing community group that is granted the designation or one created specifically for this purpose.
To be designated as a neighbourhood forum a group must apply to the local planning authority and meet the criteria in the Localism Act and the Regulations. It must:
- have at least 21 members, all of whom either live or work in the neighbourhood, or are elected members of any council whose area falls within the neighbourhood area concerned (it is advisable and expected that ward councillors will be involved);
- be open to all those who live, work or own businesses in the area or are elected members for the area; and
- have a written constitution
When seeking approval from the local planning authority, a neighbourhood forum must supply:
- a copy of the proposed forum’s written constitution;
- a name for the neighbourhood area (and forum) and a map of that area;
- contact details of at least one member of the forum (to be made public); and
- a statement of how they will meet the conditions for designation as a neighbourhood forum set out in the Localism Act
On receiving an application, the City Council will:
- publish the application on our website, through a press release, by writing to local amenity, business and residents’ groups and posting notices within the proposed area
- publish a statement that if a designation is made no other organisation or body may be designated for that neighbourhood area until the designation expires or is withdrawn
- invite representations by a specified date 6 weeks from the date of publication
- make a decision on the application at Cabinet
- publish the decision on our website and through a press release and writing the local business, resident and amenity groups
3. Defining an appropriate area for a neighbourhood plan
An application to designate a neighbourhood area for planning purposes must be made by a parish or town council, neighbourhood forum or a prospective neighbourhood forum. Approval will be based on submitted documentation, which should include:
- a map identifying the area; and
- a statement explaining why the proposed neighbourhood area is appropriate for designation.
On receiving an application, the City Council will:
- review the submission and check that the suggested boundaries for the neighbourhood area make sense and fit together (e.g. no overlaps with existing or proposed neighbourhood areas etc.).
- publish the application on our website, through a press release, by writing to local amenity, business and residents’ groups and posting notices within the proposed area.
- publish a statement that if a designation is made no other designations can be made for the area unless the designation expires or is withdrawn;
- invite representations by a specified date 6 weeks from the date of publication;
- make a decision on the application at Cabinet
- if the neighbourhood area is designated, publish the name of the area with a map and the name of the group who applied for the designation. If the City Council decide to refuse to designate, the reasons must be set out in a decision document.
4. Preparing the plan
There is no set format for a neighbourhood plans, however by following some key principles there is a greater chance of producing an effective plan and going through the examination stage smoothly.
Getting started
It is recommended that to begin with, the parish or neighbourhood forum draws up a project plan to cover the process of putting the plan together, including a programme and consultation strategy. Establishing a steering group to coordinate the process and liaise with the City Council has proved to be helpful for previously submitted plans.
Evidence gathering
Next a process of information gathering will need to take place. Relevant information may include an area profile, population data, a review of relevant parts of the City Council’s planning documents and background studies, new evidence in the form of local surveys or possibly identification of studies that need to be procured etc.
The steps in the information gathering process may include:
- a review of the evidence base (it is worth keeping in mind that the City Council has available a wide range of evidence, data and information used to help inform its own planning policies.
- collecting new evidence as required;
- consultation within the neighbourhood on issues, information and evidence.
Developing a vision, identifying issues and potential options
Once the evidence is gathered and reviewed, a vision and key issues and potential options can begin to be established. To do this, the parish council or neighbourhood forum may:
- identify the area’s strengths and weaknesses;
- draft the vision, issues and options;
- fheck these for conformity with strategic policies in the City Council’s development plan, and with national planning policies.
Depending on the scale and impact of the proposals in the plan, there may be a need for a Strategic Environmental Assessment (SEA) or Habitat Regulations Assessment (HRA). In practice, the City Council as the local planning authority will screen the proposed plan to determine if either an SEA or HRA will be required. A city-wide Habitat Regulations Assessment (HRA) would have been carried out by the City Council to inform the Local Plan, and this may a useful basis for any HRA that needs to be carried out for a neighbourhood plan.
Formulation of policies and proposals
Using the information gathered and results of the consultation exercise on the issues and options, policies can be developed that are in line with the agreed vision and objectives. and included in a draft neighbourhood plan, which must then be consulted on. It is also important at this point to collate consultation records and evidence documents that will support the eventual Basic Conditions Statement and Consultation Statement.
There is no mandatory format or template for neighbourhood plans. However, following the principles set out below can help neighbourhood planning groups develop more effective policies and support the smooth progression of the plan through the examination process.
It is also recommended that neighbourhood planning groups review existing neighbourhood plans, particularly those from the same or neighbouring local authority areas, to identify examples of good practice and consider issues that may be relevant to their own area.
Consultation
The parish council or neighbourhood forum is required to consult for 6 weeks on details of the proposals for a neighbourhood plan (likely to be in the form of a draft plan). The responses to the consultation then need to be considered and the plan amended where appropriate. The proposals for a neighbourhood plan, including a draft plan, can then be submitted to the City Council who must publicise it for another 6 weeks and invite comments.
It is for the parish council or neighbourhood forum to decide who to consult given the scope and nature of the proposals they are developing. Consultation should include those living, working or owning a business in the neighbourhood area and those who may have an interest in or are likely to be affected by the proposals. The local planning authority could help advise on this under its duty to support.
Role of the Local Planning Authority at the plan-making stage
The Localism Act places a legal duty on local planning authorities to support and advise parish councils and neighbourhood forums as they develop neighbourhood plans. The extent of support is not legally defined, however the City Council as planning authority will take account of specific circumstances, such as the level of experience of the neighbourhood group or the complexity of the plan being produced, when deciding how best to meet its ‘duty to support’. ubject to available resources, the types support that the City Council will endeavour to provide may include:
- provision of basic mapping data
- provision of core base statistical data for the area – or providing a steer to appropriate sources if not already held by the Council
- generic neighbourhood planning advice and guidance (e.g. the process, how to get started, what others are doing locally)
- advising and supporting on whether particular matters can be legitimately included in the plan
- advising on some of the technical, planning-related aspects of producing the plan and signposting to sources of evidence (eg drafting policies, undertaking a sustainability appraisal, negotiations with developers)
- signposting to relevant contacts within the Council or within other stakeholder organisations (eg Oxfordshire County Council, Thames Valley Police, the Environment Agency, English Heritage etc.)
- potentially helping with facilitation or advice on consultation, including giving advice on proposed surveys or questionnaires
5. Submission of the Plan
For a Neighbourhood Plan to be formally submitted to a Local Planning Authority it must include the following:
- a map or statement which identifies the area to which the proposed neighbourhood plan relates;
- a consultation statement;
- the proposed neighbourhood development plan; and
- a statement explaining how the proposed neighbourhood plan meets the “basic conditions”.
As soon as possible after receiving a plan proposal that includes the documentation listed above, the local authority must publicise and consult on the plan for at least six weeks.
6. Examination
As soon as possible following the end of the consultation on the draft Neighbourhood Plan, the Local Planning Authority must send the plan proposal and any comments made, to an Independent Examiner. It is the duty of the local authority to appoint the inspector, with the agreement of the neighbourhood forum or parish council.
The Examiner will then consider the representations, whether the plan meets the basic conditions and other relevant legal requirements, and will determine if the plan should be put to a community referendum. The Examiner may request further information to help their consideration and may conduct the examination through written representations only, or may call a public hearing to examine particular issues in more depth.
The Examiner has to decide whether the plan meets the “basic conditions” and other legal requirements and produce a report which concludes that:
- the plan is submitted to referendum; or
- modifications specified in the report are made and the plan as modified is submitted to referendum; or
- the plan is rejected
If the Examiner recommends that the Neighbourhood Plan should proceed to a referendum, it is likely that the referendum could take place approximately two or three months after the Examiner’s Report is received.
7. Referendum
It is the responsibility of the City Council to organise the referendum for a Neighbourhood Development Plan.
Neighbourhood Planning Referendums are conducted in accordance with Schedule 3 and 5 (The Neighbourhood Planning Referendums) of the Neighbourhood Planning Regulations 2012. In practice the referendum procedures will be similar to those used at local government elections.
If more than 50% of people voting in the referendum support the plan or order, then the local planning authority must bring it into force.
The Neighbourhood Development Plan once adopted will then become part of the Development Plan and we will use the plan to help to decide planning applications in the neighbourhood area.
When a referendum is due, more details will be published on the referendum page for the relevant plan.
8. Adoption
After a successful referendum, the plan is taken to Full Council for it to formally adopt, or ‘make’ the neighbourhood plan. Once adopted, or ‘made’, the neighbourhood plan will form part of the development plan for the local area. It will then carry legal weight and decision-makers will be obliged, by law, to take what it says into account when they consider proposals for development in the neighbourhood area.
9. Background reading
- Localism Act 2011
- Plain English Guide to the Localism Act 2011
- The Neighbourhood Planning (General) Regulations 2012
- Town and Country Planning Act 1990 (for basic conditions)
Further guidance on structuring neighbourhood plans and policy writing:
Useful organisations:
