Out-Law News 1 min. read

Government launches consultation on new neighbourhood planning powers


The Government has launched a consultation on the proposed neighbourhood planning powers set out in the Localism Bill.

The consultation was launched yesterday and sets out how the Government intends to pass planning responsibilities to a local level with community-led schemes, including neighbourhood referendums, to ensure communities have the final say in planning issues.

The consultation proposes the creation of a 'Community Right to Build' scheme, which is like a neighbourhood development order. This will allow communities to "ensure that the benefits of any development permitted through this order can be kept in the community".

The new powers will give local people the power to decide the types of development that can be granted automatic planning permission, through a Neighbourhood Development Order.

The proposals set out "the minimum level of requirements" in designating neighbourhood areas and forums, and preparing neighbourhood plans development orders, to make it achievable for communities.

The regulations require that the information needed in submitting a plan or development order is the "minimum necessary to enable a local planning authority or examiner to assess the proposals".

In practical terms the proposals state that a simple plan or statement of the proposed area along with an explanation of why the area is proposed are all that is needed for an application.

It is proposed that a referendum should be used at the end of the process as a way of ensuring neighbourhoods' control of planning issues, but the consultation does "not prescribe exactly how the local authority should make key decisions".

The proposals remove the regulations that state when a public hearing must be held. The regulations say that "the examiner should decide when to hold a public hearing into a plan or order".

Further funding has also been provided for local authorities to join a "front runners" list and work on developing neighbourhood planning in their area.

Along with the consultation, the Government has published guidance for communities to explain how neighbourhoods can use the new powers. Included is a guide to Neighbourhood Planning and an e-flyer for communities to promote neighbourhood planning.

The closing date for comments on the proposed regulations is 5 January 2012.

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