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A Guide for Councils: Meeting Your Authority's Legal Requirements For

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A Guide for Councils: Meeting Your Authority's Legal Requirements For A Guide for Councils: Meeting your authority’s legal requirements for Neighbourhood Development Plans Introduction Under the Town and Country Planning Act 1990 (as amended), the Council has a statutory duty to assist communities in the preparation of neighbourhood development plans and orders and to take plans through a process of examination and referendum. The Localism Act 2011 (Part 6 chapter 3) sets out the LPA responsibilities as: • Designating a forum • Designating the area of the NDP • Advising or assisting communities in the preparation of a neighbourhood plan • Checking a submitted plan meets the legal requirements • Arranging for the independent examination of the plan • Determining whether the neighbourhood plan meets the basic conditions and other legal requirements • Subject to the results of the referendum/s bringing the plan into force In addition legislation sets out who the relevant councils are with responsibility for arranging the referendums. 1990 Act Schedule 4B para 3 states: “A local planning authority must give such advice or assistance to qualifying bodies as, in all the circumstances, they consider appropriate for the purpose of, or in connection with, facilitating the making of proposals for NDPs in relation to neighbourhood areas within their area”. This applies to NDP’s through S38A of the Planning and Compulsory Purchase Act 2004. There is no requirement to give financial assistance. This guide sets out the legal responsibilities and timeframes for the Council’s work on NDP’s. It provides references back to the relevant acts and regulations. For further information on Neighbourhood Planning and process refer to the online guidance at http://planningguidance.planningportal.gov.uk. Page 1 of 30 March 2015 updated Guide for Councils to meet the legal requirements for Neighbourhood Development Plans Notes on this guide Text that appears in italics is for information rather than requiring action by the Council . *Throughout the text below unless stated otherwise the term ‘publicise’ means to place on the website and publicise through other means in order to bring it to the attention of people who live, work or carry out business in the neighbourhood area. ‘Convention rights’ has the same meaning as the Human Rights Act 1998. Unless otherwise stated the regulation references are to the Neighbourhood Planning (General) Regulations 2012 {as amended by The Neighbourhood Planning (General) (Amendment) Regulations 2015}. Abbreviations used in this guide: LPA Local Planning Authority NDP Neighbourhood Development Plan PPG Planning Practice Guidance (the online tool at http://planningguidance.planningportal.gov.uk ) Designation of a Neighbourhood Area Stage Description Relevant legislation and regulations Definition of a An area that is designated by the LPA as a neighbourhood area when a 1990 Act 61G (1) (2) neighbourhood area parish council or a group capable of becoming a Neighbourhood Forum has applied Information on receipt of The information that should be submitted to the LPA is: Regulation 5 area application for a NDP 1. A map identifying the area 1990 Act 61G (2) b. 2. Statement explaining why it is considered an appropriate Page 2 of 30 March 2015 updated Guide for Councils to meet the legal requirements for Neighbourhood Development Plans neighbourhood area 3. Statement that the organisation making the application is a relevant body. If the application does not contain this information it should be returned. NB the LPA can decline to consider an area application if the body has already made an area application and is awaiting a decision upon it. Care needs to be taken for application made by potential Neighbourhood Forums that there is a reasonable chance that they can become a Neighbourhood Forum. Determining the application The LPA should be sure that parish council applications cover part or all of 1990 Act 61G (3) criteria for a the parish and that neighbourhood forum applications do not cover a neighbourhood area parished area. In determining the application, the LPA must consider: (4) 1. how desirable it is to designate the whole of the parish area as a neighbourhood area, and 2. how desirable it is to maintain the existing boundaries of areas already designated as neighbourhood areas (as areas designated (7) as neighbourhood areas must not overlap), as well as 61H (1) 3. whether they should designate the area as a business area. Publicising the application The LPA should, as soon as possible after receipt of the application for Regulation 6 and 6A for the area NDP area designation, publicise* the application on its website and in such other manner as they consider is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the applications relates and invite representations. The information to be Page 3 of 30 March 2015 updated Guide for Councils to meet the legal requirements for Neighbourhood Development Plans publicised is: 1. a copy of the area application 2. details of how to make representations 3. details of the deadline for representations to be not less than 4 weeks where the relevant body is a parish council and the area to which the application relates is the whole of the area of the parish council and not less than 6 weeks in all other cases. Timings start from the date on which the area application is first publicised. Prescribed date for The LPA must determine the application within the following timescales Regulation 6A determination of an area from the date immediately after that on which the application is first application publicised: (a) 20 weeks in a case where the area to which the application relates falls within the areas of two or more local planning authorities; (b) 8 weeks where the relevant body is a parish council and the area to which the application relates is the whole of the area of the parish council,; (c) 13 weeks in all other cases. Designation as a business If the LPA considers that the area is wholly or predominantly business in 1990 Act 61G & H area nature it should be designated as a business area. Modification of an existing The LPA can modify the boundary of an existing neighbourhood area. If 1990 Act 61G (6) neighbourhood area this relates to a parished area only this must be with the parish councils’ 61H (2) consent. In making a modification the LPA must consider whether they should designate the area as a business area. Page 4 of 30 March 2015 updated Guide for Councils to meet the legal requirements for Neighbourhood Development Plans Publicising a designation of If the LPA approves the application it should publicise* on its website its Regulation 7 a neighbourhood area decision and: 1. the name of the neighbourhood area 2. a map identifying the area 3. the name of the parish council or neighbourhood forum who applied for the designation. Refusals should be based on planning reasons or the validity of the application. Refusal of a proposal f or a If the LPA refuses the application for a neighbourhood area then it must Regulation 7 neighbourhood area publicise on its website* : 1990 Act 61G (9) 1. the decision and statement of reasons for making decision (called a ‘decision document’) 2. the details of where and when the decision document can be inspected. Refusal of a proposal for a If a valid application is made, and some or all of the specified area 1990 Act 61G (5) neighbourhood area proposed is not designated as a neighbourhood area and the refusal is because the area is not because the LPA considers that the area isn’t suitable, then the LPA must considered appropriate ensure that some or all of the area specified in the original application forms part of one or more areas designated or to be designated as neighbourhood areas. Designation of cross local The powers of designation and modification must be exercised by all the 1990 Act authority boundary relevant authorities when the area proposed crosses local authority 61I neighbourhood areas boundaries. Keeping a map of The LPA must publish a map setting out the current neighbourhood areas 1990 Act neighbourhood areas designated, and indicate those which are business areas. 61G (8) 61H Page 5 of 30 March 2015 updated Guide for Councils to meet the legal requirements for Neighbourhood Development Plans Set up of a Neighbourhood Forum (only applies to non parished areas) Body proposing a NDP A ‘qualifying body’ is a parish council or in a non parished area a 2004 P & C Act s38A designated neighbourhood forum (1) In the case of a parish council if the neighbourhood area covers whole or 1990 Act 61F(1) (2) part of a parish council then only the parish council can act Publicity about the right to The LPA must make people aware of the right to make applications for a 1990Act make applications for neighbourhood forum designation in a way the LPA considers appropriate. 61F (11) neighbourhood forum designation The forum application should be publicised in such a way that people are able to comment on the proposals. Receipt of a neighbourhood The application received by the LPA should include: Regulation 8. forum application+ 1. Name of the proposed neighbourhood forum 61F 1990 Act (5) 2. Copy of its written constitution 3. Name of the neighbourhood area to which application relates and a map which identifies the area. 4. Contact details of at least one member that can be made public 5. Statement explaining how the proposed forum meets the following conditions: a. Is established to promote or improve the social, economic and 1990 Act 61F (5 - 7) environmental well being of an area that consists of or includes the neighbourhood area for the NDP ( this can also relate to businesses) b.
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