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Planning Aid England Neighbourhood Planning presentation
- 1. Planning Aid England Our Experience John Romanski BA (Hons) DipTP MRTPI – Senior Neighbourhood Planning Advisor
- 2. What we do • provide free, independent, professional planning advice to people who do not have the means to pay professional fees • provide support and training to local communities so they can influence and contribute to planning strategy, policy and decision making • Focus on Neighbourhood Planning Support 2
- 3. Supporting Communities in Neighbourhood Planning 2013-2015 3 • Programme launched on 15 April 2013 and applications opened on 1 May 2013 • Two main aspects to support: grants and direct support • Also a shared learning element • There is one consortium delivering the programme, rather than four support organisations as before • The programme is open to groups who have already had SCNP support and to new groups
- 4. We Provide a Valuable Service… 4
- 5. Examination 5 • Arranged and funded by LPA • So what does this have to do with the Qualifying Body? • Integral to the process • They have the power of veto • Burdens money can only be claimed on successful examination
- 6. What are we advising groups? • What is the examination process? • What needs to be submitted for Examination? • What Examiners are looking at? • What is not relevant to the Examination? • What Examiners will be recommending? • What they require from the LPA? 6
- 7. Process 7 • Arranged and funded by LPA • Appointment must be agreed with the Qualifying Body • Independent • No interest in the land • Appropriate qualifications and experience • Default position of written reps • Hearing may be required • Production of report with recommendations… • None binding… LPA makes decision
- 8. What Should be Submitted • Map of the NA • Draft plan, BCS and CS • Evidence! • SEA (if required… screening opinion if not) 8
- 9. What are Examiners Looking at? • Compliance with the Basic Conditions! • Land use planning policies • Consultation responses • Referendum area 9
- 10. Examiners will not look at… • Non land use planning policies • Compliance with emerging policy • Representations that do not deal with the basic conditions 10
- 11. Examiner’s Recommendation • Pass, pass with modifications or Fail! • Appropriateness of the referendum area • None binding! • Group and LPA need to agree any modifications 11
- 12. What do Groups Need from You? • Advice on what a land use planning policy is (and is not!) • Evidence to support policy direction • Confirmation on what strategic policies are and their implication for proposed policy • Input form Development Management colleagues • SEA screening 12
- 13. What is the QB’s view of Examination? • Feel excluded from the process • Not always clear on necessity for modifications • Issues being raised at post submission consultation • Examiner often seen as faceless entity • Losing control of their destiny 13
- 14. Top Tips for Groups • Give the Examiner a fighting chance! – Clear and concise layout – Evidence clearly cross referenced – Planning policies clearly identifiable • Engage with the LPA earlier than the submission stage – DM and Policy officers – Evidence base – Strategic policy context 14
- 15. 20 Contact Details Neighbourhood Planning Support: info@planningaid.rtpi.org.uk Advice Line: 0330 123 9244 E-mail: john.romanski@planningaid.rtpi.org.uk
- 16. PAS Neighbourhood Planning Workshop 29 April 2014 Leeds
Editor's Notes
- This is a two year programme. End date is 31 March 2015.
- One of the old regional offices…
- The LPA have the responsibility of arranging the Examination and paying for it but this does not mean that the QB are not heavily involved in this process. The appointment of the Examiner has to be agreed with the QB so they essentially have the power of veto of any appointment the LPA wishes to make. As such it is important to involve the group in the selection and appointment of the Examiner. QBs often have very tight timescales so it is wise to discuss their timescales prior to any formal submission of the plan to ensure there are no delays to their timetable whilst tendering/appointing Examiners. Given that burdens monies, which are significant, are linked to the Examination being successful LPAs should be involved in the NP process well before any draft plan is produced as it is in their interest to ensure the plan coming forward will be successful at the Examination.
- Slide essentially sets up the next few and will focus on what we are advising groups.
- Very brief outline of the key headlines for Examinations. Second bullet needs to make the point that although the QB should be involved they need to understand that not just anyone can be appointed… there is a criteria. Many groups assume that there will be a hearing but we do advise that the default position is written representations In terms of Hearings it is not for the QB nor the LPA to decide this. The need for a Hearing is decided by the Examiner and is only called if: The Examiner needs to explore an issue in more detail To give someone a chance to have their say (given the amount of consultation that occurs with an NP this will not always be reasonable to acquiesce to). Final two bullets are expanded later on in the presentation. Just need to allude to them and this will be covered later on.
- QBs need to ensure they are submitting all of the required documentation to the LPA if they do not then the plan will not reach the Examiner. They need to submit that which is legally required as well as sufficient information to allow the examiner to assess the plan against the basic conditions. This will limit any potential for a Hearing Need to point out the importance of SEA and that it is essential the Regulations are followed as to not do so will result in the plan failing as no modifications can get over such a fundamental failing. Also need to discuss the importance of evidence and submitting it to support the plan in a way that is easy for the Examiner to disseminate.
- Compliance with the basic conditions is quite extensive and has massive implications for the assessment of the plan. As such we try and hammer home the importance of the basic conditions statement as much as we can. Many groups make the mistake of simply stating that they do comply rather than why they comply. Many groups produce things that are not related to the development of land. This is fine but the Examiner does not look at these and neither does the referendum question. As such we point out to groups that they must clearly separate these matters out and doing it an early stage is best practice. This should not be left for the Examiner to do. The Examiner will also be looking at consultation responses but these responses should only relate to the basic conditions. Finally the Examiner looks at the area for the referendum and whether it should be extended. None have done this to date but community groups often find this point contentious so should be sensitively raised with them as a possibility. This will only happen if policies/allocations have a direct impact upon people outside of the neighborhood area (not indirect!)
- None land use planning policy is often a main feature of plans we see. QBs must be advised that the Examiner only considers land use planning policies and without them the document is not a Neighbourhood Plan and won’t actually reach the Examiner (as there is nothing to examine!). Groups should not be discouraged from including them as they can provide a clear narrative for the area but they should be clearly distinguished from the land use planning policies that from the neighbourhood plan. There are risks as those voting on the referendum may see these “community wish lists” as what will be delivered… Often we see NPs coming ahead of the Local Plan and we advise groups that they need to comply with the adopted Local Plan and not emerging policy. However, groups must be advised that their policies need to be justified and have a robust evidence base particularly when dealing with site allocations or policies setting numbers of homes over a plan period. In these instances the emerging policy is still irrelevant but the evidence base that sits behind it may very well be of importance and as such will be looked at by the Examiner (if they have access to it!)
- The inclusion of land use planning policies are fundamental and advising groups at an early stage on what these are is very important. LPAs sit on extensive evidence bases and this should be shared with groups so they can see if their policy direction is justified or not.