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RuralScene Issue 6 : ARTICLE 8

Coalition Extends Community Planning Powers

By Owen Pike BA (Hons) PGDip TP MRTPI

The primary aim of the Localism Bill is to devolve greater powers to Councils and neighbourhoods and give local communities control over provision of local services. Accordingly people will be able to trigger local referendums on any local issue.

There are several options available to rural landowners who want to develop within or on the edge of villages. One option where local support is evident is to pursue Neighbourhood Development Orders (NDO). These will cover defined geographical areas and will set out what types of development could be built without needing planning permission. Local authorities must make an NDO if more than half those voting in a referendum are in favour. This is a pretty low threshold and reaffirms the government's commitment to putting power in the hands of the people.

Another option would be to lobby members of the parish council or create a neighbourhood forum (where parishes do not exist) as they will be given powers to produce Neighbourhood Plans. The Plans could establish general policies to steer decisions on traditional planning applications and identify land that is suitable for development. They will also be approved if a majority of the community supports it at a referendum.

Alternatively, landowners could pursue the Community Right to Build which will allow local communities to propose development and, if it meets certain safeguards (not yet defined) and gets 50% of support in a local referendum, will be able to be built without planning permission. Under the Community Right to Buy, local authorities will be required to maintain a list of land assets deemed to be of a ‘community value’, such as pubs and post offices. Communities will get first refusal to buy these assets and turn them into community enterprises before they are put on the open market.

The Bill also requires prospective developers to consult local communities before submitting planning applications for development of a “description specified in a development order”. Although this has also not yet been specified it is likely to apply only to significant developments. This means developers will have to collaborate with third parties on the design of a proposed development and to show that their views have been taken into account.

Unfortunately, there are large gaps in the Bill and crucial elements are still to be decided, such as the boundaries of Neighbourhood Plans and the length of time community groups will be given to try to buy a ‘listed’ community asset. As the resources required to deliver the initiatives have not been committed by the Government, concerns have been expressed that it will only be well resourced, articulate individuals who will drive neighbourhood plans.

In some areas, partnerships between rural landowners, a neighbourhood, a development provider and local authority may work in delivering development for the benefit of all. This cannot, however, be relied upon as communities are much more used to saying “No” - therefore all those involved in the development process will need backstop mechanisms. To succeed localism will require local people to embrace the idea of development and encourage it in a way that they have not had to before. In that sense the Bill is an experimental concept which will require a considerable change in mindset. Further details in later delegated legislation orders will follow next year.

For further information please contact Owen Pike or Paul Sutton on 01223 271945.