The developer’s perspective – - PowerPoint Presentation

The developer’s perspective – Jeremy Edge FRICS MRTPI Edge Planning & Development LLP

Exploring the developer’s view of neighbourhood planning Jeremy Edge BSc FRICS MRTPIPartner Edge Planning & Development LLP5th December 2013

Who are the Developers? Why should they be interested in Neighbourhood Plans? LandownersInvestorsScale of operation?Opportunistic?With > 600 neighbourhood plans in the system how can national developers keep up?Residential allocations

Exploit opportunities to secure allocations Community Engagement! Developers’ opportunities may be greatest where Development Plans are historicIs 5 year housing land supply is questionable or deficient?NP need evidence base to support: Emerging policies; and Land use allocations NP process to promote land holdings and related infrastructure to secure deliveryDeveloper tendency for self interest – may not necessarily meet over-arching objectives - sustainable locations, scale and need. Land Use allocation – competition between developers

Need for evidence to support allocations Socio-economic profile of plan area population Population trendsLocal employment and employment sectorsSocial trendsHousing Retail centresLeisure / Community facilitiesUrban DesignHeritageNatural Environment

Understanding what evidence is required? Context Future prosperity in neighbourhood dependent upon what happens in wider areaPressure for development or structural decline?Locals priced out? Social exclusion? Unemployment?

Importance of the Local Planning Authority Existing Evidence held by LPA for Local Plan preparation purposes:Core StrategyLocal Development FrameworkSupplementary Planning GuidanceStrategic Housing Market AssessmentRetail capacity studiesLocal Employment studiesTransport Planning studiesRegeneration studies and analysis………..Duty to support

Need for new evidence at neighbourhood level? Existing information and evidence may be insufficient or inadequate Deficiencies caused by:Gaps in existing evidence – need to focus on ward areas and / orOut of date existing evidenceNeed to commission appropriate surveys and undertake analysis - eg Housing affordabilityVacant shop unitsStudent housing density Help from Local Authority – duty to support. Other sources…..LEPs, Universities, Civic Societies, other public / voluntary bodies, support from national Neighbourhood Planning support programmes

NP Consultation – Promotion of sites – influence emerging policy to secure allocations Use consultation responses to try to engineer a hearing at examination where competing sites Where development plans are weak – force the pace with planning applications – prior to NP examination to exploit inadequate 5 year land supply eg Winsford - last week - application for 184 homes made on land not allocated in draft Winsford NP. Officers recommended pp as 2.78 years supply – little weight afforded to draft NP, but Members refused…..draft NPPG suggests argument on prematurity can be justified once a neighbourhood plan has been submitted for examination. Currently little if any weight may be attached to draft NPPG…..but expected to be issued early in 2014…..watch this space!

Developer “bullying”- East Staffs- Rolleston East Staffordshire Borough Council recommended approval 100 homes by Burton and South Derbyshire College former college sports field.Rolleston on Dove NP judged by an examiner to be in conformity with local plan from 2006 -waiting for referendum.East Staffs now developing a new local plan, but NP is not in conformity with new draft local plan.At planning committee opponents of the housing development said that approval of the application would so undermine the neighbourhood plan that the community would abandon it.The committee refused the application on the grounds of prematurity and effect on the NP.Prematurity argument is "unlikely to justify a refusal of planning permission other than in exceptional circumstances".Therefore likely to see more “cut and run” residential applications.

Independent Examination Does the proposed NP meet the Basic Conditions set out in law? Appropriate regard to National Policy?Contributes to the achievement of sustainable development?In general conformity with strategic policies in the development plan?Is compatible with human rights requirements?Is compatible with EU obligations?NP Examiners are not permitted to explore other considerations

Conclusions – Neighbourhood Planning Developer’s Perspective Difficult for national house-builders to cover all the bases. Developers will try to push the boundaries of acceptability – but can offer assistance for site allocations but treat with caution.Assistance with evidence ….try and harness where appropriate.Difficulties are emerging where developers’ aspirations not met……”cut and run” approach. Existing adopted plans v emerging plans! Understanding the specifics House builders are in competition.Developers are learning as much as we are!

Lunch

Taking decisions on development applications

When does a plan begin to bite? Degree of Influence over applications Low Significant Absolute Formal Consultation (Reg 14) Submission (Reg 15) Publicity (Reg 16) Examination (Reg 17) Referendum (Reg 18) Making of plan by LPA (Regs 19/20)

Outdated local plans “…Where a neighbourhood plan comes forward before an up to date local plan is in place, the local planning authority should work constructively with a qualifying body to enable a neighbourhood plan to make timely progress and to share evidence used to prepare their plan. Neighbourhood plans should deliver against the objectively assessed evidence.”National Planning Practice Guidance, beta "A small number of representations to the Neighbourhood Plan considered it to be ‘ premature ’ in the light of there being an emerging, but un-adopted, Local Plan for Cheshire West and Chester . However …. there is nothing in the legislation to support the contention that such a situation should stop, or slow down, the progress of a N eighbourhood P lan. ” Tattenhall and District Examination, Aug 2013

Two tiers working together Relationship between two tiers of planning much more fluid where no up to date local plan particularly where no Objective Housing Needs Assessment. Not a raceOpportunity to devolve, test, learn: District Plan to encourage creation of Neighbourhood Plans and will put the impetus on Neighbourhood Forums to allocate provision for a minimum of 10% growth within their boundary (approx. 500 new homes across their Group 1 villages).  Time trigger to enable the District Council to allocate the 10% housing growth across the villages should the NPs not come forward within a certain time frame.   East Herts example

Two tiers working together Local Plan and three NDPs being developed in close co-ordination. Local Plan designates key sites and broad areas growth that would meet the Local Plan housing targets and the NDPs now allocate sites within these areas of growth. Local Plan will set out 5 years of housing land supply as NPPF requiredNDPs will allocate sites for housing land for the 6-10 year period Dilemma: Which plan goes to examination first?Memorandum of Understanding - between Council and 3 Neighbourhood Forums covering working methods, housing numbers, sites, options if one or more plans fail at examination or referendum and SEA Council's aim to encourage Neighbourhood Development Plans ( NDPs) with ‘ real teeth ’ Brixham Peninsula, Paignton and Torquay

Top Tips Absence of an up to date local plan? Opportunity : For dialogue To share information To influence new local plan To pilot certain policies, that might later become strategic Council Policy Reviews/fresh studies? Share evidence studies and interpretation as soon as possible Jointly commission evidence? QBs cannot do an objective housing needs assessment but, Agree the degree of flexibility needed on housing numbers and sites in Neighbourhood Plan e.g. reserve sites Consider formally devolving site allocations, footpaths , green infrastructure etc to NDP Housing needs

When is a policy strategic? When it: If still not clearWhen the Local Plan says its strategic….But local plan use terms such as ‘spatial strategy’ policies, ‘core policies’, ‘core strategies’, ‘strategic policies’ and ‘Development Management’ policies. sets out an overarching direction or objective shapes broad characteristics of development operates at scale ( geographic, types of development) sets a framework for decisions on how competing priorities should be balanced sets a standard essential to achieving the wider vision in the case of sites, if they are central to achieving the vision and aspirations of the Local Plan

Conforming with strategic elements of local plan NPPF never assumed all policies ‘strategic’ or have to be labelled as suchDraft guidance: “When considering whether a neighbourhood plan policy is in general conformity a qualifying body, independent examiner, or LPA, should consider the following for a neighbourhood plan policy or development proposal”:if it supports the general principle that the strategic policy is concerned with the degree of conflict between a proposal & strategic policy If a proposal provides more detail and/or a distinct local approach than set out in local plan without undermining a specific strategic policy the rationale for the approach taken in the draft NP or Order & the evidence to justify that approach i.e. importance of how NP policies and proposals are presented and the evidence behind them .

Top Tips Any basic principles? Something missing? Build on what is already there Understand local plans leave a great deal of scope Add to standards, don’t undermine The bigger the policy departure or enhancement, the more important the evidence , options discussion and environmental and other impacts assessment through SA/SEA D o more to justify the policy and understand the deliverability e.g. sustainable transport Strategic sites? Caterham: CR3 Forum are challenging the distribution of land between housing and commercial and resisting loss of commercial sites Don’t use NP as a route to campaign against strategic sites or block existing applications White City: The prospective forum made clear to National Developers that strategic housing sites are part of the NP area but they will focus on spatial & service integration of new homes into wider area

Strong, well written policies Use a template Group policies into themesClearly state policy intentRelate policy to strategic policy hooksShow evidence to justify policySeek advice on final policy wording – from a planner, LPA, independent consultant

Strong, well written policies Thame Example Theme: HousingObjective: Integrate new housing into Thame Integration: Good connections, good quality design, facilities provision, mix of housing type provision

Using Community Right to Build Orders and Neighbourhood Development Orders

Neighbourhood Development Orders - permission A NDO can grant planning permission for specific types of development in a specific neighbourhood area:NDO: Neighbourhood Development Order apply to a specific site, sites, or wider geographical area grant planning permission for a certain type or types of development grant planning permission outright or subject to conditions.

Neighbourhood Development Orders - permitting A Neighbourhood Development Order can be used to permit: building operations (e.g. structural alterations, construction, demolition or other works carried out by a builder)material changes of use of land and buildings; and/orengineering operations

Community Right to Build Communities will be able to build within a defined neighbourhood boundary:family homes to sell on the open marketaffordable housing for rent or to convert disused farm buildingssheltered housing for elderly local residentslow cost starter homes for young local families facilities such as shops, community centre or a children’s playground Advantages: could boost self-build or local builder interests, alternative planning route, which could be quicker CRTBO: Community Right to Build Order HCA: Homes and Communities Agency GLA: Greater London Authority Enabling Right: S upporting local people to undertake development (focused on one or more buildings). A ny local community organisation (not just parish /town council / neighbourhood forum) is able to create a CRTBO £17m of funding available through the HCA and GLA

Community Right to Build and Neighbourhood Development Orders Both CRTBOs and NDOs have to meet certain minimum standards and must meet the basic conditions for neighbourhood planning. Some NDOs will require an EIA (‘Schedule 2’ developments) NDOs and CRTBOs cannot include: development normally dealt with by a county planning authority e.g. minerals and waste related development development which automatically requires an Environmental Impact Assessment (i.e. Schedule 1 developments listed in EIA regulations) development of nationally significant infrastructure projects CRTBO: Community Right to Build Order NDO: Neighbourhood Development Order

Cockermouth Town Council NDO - Market

Cockermouth Town Council NDO - Market

Cockermouth Town Council NDO – shop fronts

Cockermouth Town Council NDO – Conservation Area