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#neighbourhoodplanning

Plan
Content

11 December 2013
• Flexible tool - no standard template

• Depends on the nature of the area and the issues
communities believe need to be addressed
• Plans should be locally distinctive and add value to the
existing Policy framework
Development and use of land
A policy in a neighbourhood plan should be clear and
unambiguous. It should be drafted with sufficient clarity that a
decision maker can apply it consistently and with confidence
when determining planning applications. It should be concise,
precise and supported by appropriate evidence. It should be
distinct to reflect and respond to the unique characteristics and
planning context of the specific neighbourhood area for which it
has been prepared. (NPPG beta)
Objective & proportionate evidence
It is my view that there is more scope for the
better use of map-based plans in the document”
(Independent Examiner, Tattenhall
Neighbourhood Plan).
LOOK & FEEL

“….Its overall design, along with the inclusion of interesting
and attractive photographs, helps to provide a document
which holds the attention and is easy to follow.”
(Independent Examiner, Tattenhall Neighbourhood Plan)
Policy Wording
Conformity
Deliverability
Evidence

Robust & Implementable
Advice and assistance is available….
Conformity: Have regard to national policy and
advice and be in general conformity with the
strategic policies of the development plan
Deliverability: Realistic prospect of deliverability demonstrate that the policies and proposals are
deliverable
– E.g. impact of collective policy requirements
Evidence: Appropriate; sufficient justification and
evidence to support the policies
– be proportionate; use existing sources where
possible; think about objectivity
Robustness: statutory Planning document –
policies need to be robust, deliverable and function
as Planning policies rather than statements of
intent
Starting to write
Intent

What do you want to do,
and why? Set it out in
plain English

Policy

Use Planning language –
precise, speak to your LA

Justification

What is the evidence to
support this intention?
Exeter St James – Policy C1:
Houses in multiple occupation
Halt conversions to HMO; ensure area
stays attractive to all sectors; diverse
population, people at all stages of life.

Intent
Policy

“Changes of use to houses in HMO will
not be permitted unless; a), b)… e)”

Justification

Community balance; rapid increase in
proportion of students; loss of
permanent residents in some areas; 20%
threshold
Table discussion
Policy 1
New eccentric buildings may be permissible, but
these opportunities will be exceptionally rare, and
their appropriateness is wholly dependent on
specific context and cannot be set out in policy.
Does it meet the basic conditions?
What questions would you ask as an examiner?
What sort of evidence would you want to see?
What modifications might you suggest?
Policy 2
Location of Development & Enhancement of the Local Environment
Previously developed sites within the existing extent of the settlements of A,
B and C are the preferred locations for development. The development of
greenfield, infill sites within the settlements will also be supported subject to
the following criteria:
– the proposals would not result in the loss of open space used by and of
value to the community
– the proposals would not result in the loss of open space that is
important to the character and quality of the local environment

Does it meet the basic conditions?
What questions would you ask as an examiner?
What sort of evidence would you want to see?
What modifications might you suggest?
Policy 1
Examiners report:
– Policy fails to have appropriate regard to Paragraph 17 of the NPPF due
to the high level of uncertainty introduced by the terms ‘More flexibility
might be permitted in the lesser terraces and mews etc.’ and ‘eccentric
buildings’.
– The policy ends by stating that the issue of eccentric buildings cannot
be set out in policy.

Proposed modifications:
– The word ‘etc.’ should be deleted from Policy N1.
– The scope of ‘more flexibility’ should be defined.
– The term ‘eccentric buildings’ should be defined or the policy reworded
to exclude the term.
•

Evidence required:
– Character assessment – could help define and identify ‘lesser terraces
and mews’
– Design guidance:
• Place check etc
– Under what circumstances would proposals be permissable?
Policy 2
Examiner recommendation:
• Insert punctuation.
– Insert “and” to make the criteria inclusive.
– As written the policy would not provide clear guidance for developers
seeking planning permission or planning officers considering a planning
application.
– The imprecision would also be likely to cause unproductive argument
between parties involved in planning appeals.

What evidence would be required?
• What is the housing need?
– Information required in order to determine whether sufficient brownfield
land is available to meet the required housing need.

•

What criteria will be used to determine / assess whether the open
space is used by and of value to the community or important to the
character and quality of the local environment?

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Neighbourhood Plan content - December 2013

  • 2. • Flexible tool - no standard template • Depends on the nature of the area and the issues communities believe need to be addressed • Plans should be locally distinctive and add value to the existing Policy framework
  • 4. A policy in a neighbourhood plan should be clear and unambiguous. It should be drafted with sufficient clarity that a decision maker can apply it consistently and with confidence when determining planning applications. It should be concise, precise and supported by appropriate evidence. It should be distinct to reflect and respond to the unique characteristics and planning context of the specific neighbourhood area for which it has been prepared. (NPPG beta)
  • 6. It is my view that there is more scope for the better use of map-based plans in the document” (Independent Examiner, Tattenhall Neighbourhood Plan).
  • 7. LOOK & FEEL “….Its overall design, along with the inclusion of interesting and attractive photographs, helps to provide a document which holds the attention and is easy to follow.” (Independent Examiner, Tattenhall Neighbourhood Plan)
  • 8. Policy Wording Conformity Deliverability Evidence Robust & Implementable Advice and assistance is available….
  • 9. Conformity: Have regard to national policy and advice and be in general conformity with the strategic policies of the development plan Deliverability: Realistic prospect of deliverability demonstrate that the policies and proposals are deliverable – E.g. impact of collective policy requirements Evidence: Appropriate; sufficient justification and evidence to support the policies – be proportionate; use existing sources where possible; think about objectivity Robustness: statutory Planning document – policies need to be robust, deliverable and function as Planning policies rather than statements of intent
  • 10. Starting to write Intent What do you want to do, and why? Set it out in plain English Policy Use Planning language – precise, speak to your LA Justification What is the evidence to support this intention?
  • 11. Exeter St James – Policy C1: Houses in multiple occupation Halt conversions to HMO; ensure area stays attractive to all sectors; diverse population, people at all stages of life. Intent Policy “Changes of use to houses in HMO will not be permitted unless; a), b)… e)” Justification Community balance; rapid increase in proportion of students; loss of permanent residents in some areas; 20% threshold
  • 13. Policy 1 New eccentric buildings may be permissible, but these opportunities will be exceptionally rare, and their appropriateness is wholly dependent on specific context and cannot be set out in policy. Does it meet the basic conditions? What questions would you ask as an examiner? What sort of evidence would you want to see? What modifications might you suggest?
  • 14. Policy 2 Location of Development & Enhancement of the Local Environment Previously developed sites within the existing extent of the settlements of A, B and C are the preferred locations for development. The development of greenfield, infill sites within the settlements will also be supported subject to the following criteria: – the proposals would not result in the loss of open space used by and of value to the community – the proposals would not result in the loss of open space that is important to the character and quality of the local environment Does it meet the basic conditions? What questions would you ask as an examiner? What sort of evidence would you want to see? What modifications might you suggest?
  • 15. Policy 1 Examiners report: – Policy fails to have appropriate regard to Paragraph 17 of the NPPF due to the high level of uncertainty introduced by the terms ‘More flexibility might be permitted in the lesser terraces and mews etc.’ and ‘eccentric buildings’. – The policy ends by stating that the issue of eccentric buildings cannot be set out in policy. Proposed modifications: – The word ‘etc.’ should be deleted from Policy N1. – The scope of ‘more flexibility’ should be defined. – The term ‘eccentric buildings’ should be defined or the policy reworded to exclude the term. • Evidence required: – Character assessment – could help define and identify ‘lesser terraces and mews’ – Design guidance: • Place check etc – Under what circumstances would proposals be permissable?
  • 16. Policy 2 Examiner recommendation: • Insert punctuation. – Insert “and” to make the criteria inclusive. – As written the policy would not provide clear guidance for developers seeking planning permission or planning officers considering a planning application. – The imprecision would also be likely to cause unproductive argument between parties involved in planning appeals. What evidence would be required? • What is the housing need? – Information required in order to determine whether sufficient brownfield land is available to meet the required housing need. • What criteria will be used to determine / assess whether the open space is used by and of value to the community or important to the character and quality of the local environment?

Editor's Notes

  1. Briefly consider some of the plan submitted to date – policies that make them locally specific Look at what’s important in drafting a neighbourhood plan policy Consider an example of a plan policy that has passed examination and referendum – Exeter Look at some of the comments made by examiners and what we can learn from them
  2. Vision and statements in plan Emphasis distinction, unique qualities How to define – strong role design led approach helping with this
  3. Conformity – will look later at some of the ways that examiners have considered what “general” conformity means Deliverability – e.g. some of the issues Mick raised relating to developers. On collective policy requirements – consider how onorous they are, or whether they are even possible, regardless of viability Evidence – talk to LPA officer about what info they have available; use surveys etc to support your case. Robustness- in the shoes of the development management officer
  4. C1: Houses in Multiple Occupation: Changes of use to houses in multiple occupation (HMO) will not be permitted unless; a) the proposal would not harm the character and appearance of the building, adjacent buildings or local landscape context; b) the design, layout and intensity of use of the building would not have an unacceptable impact on neighbouring residential amenities; c) internal and external amenity space, refuse storage and car and bicycle parking is provided at an appropriate quantity, is of high standard and so as not to harm visual amenity d) the proposal would not cause unacceptable highway problems; and, e) the proposal would not result in an over concentration of HMOs in any one area of the ward, to the extent that it would change the character of the area or undermine the maintenance of a balanced and mixed local community. Justification The proportion of people in full time education in St James was 42% at the last 2001 census. The equivalent figure for St Thomas to the south of the city centre was 3.1%, and for St Leonards the figure was 5.9%. In 2001 41.4% of the population of St James was aged between 19-25, by 2011 this had risen to 52.8%, an increase of 11.4%. By contrast the equivalent figure for St Thomas and St Leonards was around 10%. Exeter City Council has defined ‘balance’ using the number of council tax exemptions in a given area as a proxy for HMO and student accommodation. When over 20% of properties in a defined area are council tax exempt it is generally considered that additional HMOs would change the character of the area and undermine the maintenance of a balanced and mixed community. Many streets within the ward have greater than 20% council tax exemption.