March 21, 2016 at 2:54 pm #12478
As things stand there is no actual legal requirement in the Regs to review NPs, but it obviously makes sense to do so. This could be an entire NP review at set intervals, or more likely and probably more relevant in our case, a partial review of a particular aspect or policy in response to changes in circumstances. However, the NP Regs as written only refer the process of designating an NP area and then producing a NP from scratch. There is no reference anywhere to dealing with NP reviews. Can anyone clarify what process would need to be followed for a partial or full review and point me to any regulatory process requirements for this that I may have missed? I appreciate there is a live NP chat tomorrow, but I’ll be working and unable to join, sorry.
JeffMarch 21, 2016 at 3:02 pm #12479
Thanks for this interesting post. I agree this requires clarification. I do know that DCLG are reviewing the NPPF so they may intend to address this specific when they respond to their own recent consultation on same.
Hope this helps a bit,
Chris (NALC)March 21, 2016 at 3:06 pm #12480
We have 7 made plans so far in our Borough and the issue of review and update of the plans is a hot topic. Any clarification on what can be done and how would be very much appreciated.
CorinneMarch 21, 2016 at 4:55 pm #12481
The last section in our Plan is titled ‘Monitoring Progress’. In it we say:
“This NDP has been created to address concerns raised by the local community and to secure the future of the parish. It is therefore important to have a robust monitoring process in place to check progress and to assess the on-going effectiveness of the NDP in terms of securing the shared vision that it is based on.
* The Parish Council will regularly monitor the implementation and effectiveness of the NDP. Where possible monitoring will be based on objective data, but qualitative assessments may also be made where objective data is not available. In addition to regular monitoring, the Parish Council will conduct a major review of the NDP every 5 years with the help of the local community. The NDP will then be updated if necessary.
* The Parish Council will take into account the results of regular monitoring when considering development applications, both prior to, and after, any review of the NDP.”
Another way we thought of was to review the Plan whenever the Local Plan was reviewed. May I say our Plan has yet to be examined!
Longhope Glos. NDP
(Pop. 1500, rural)March 21, 2016 at 5:34 pm #12482
Bill, yes, we pretty much say that in ours too, but there doesn’t actually appear to be a legal framework in place yet setting out the process to go through.
When I have been asked about that at local public meetings I have had to say “yes we do intend to keep it under review but we don’t yet know how reviews process will work as it doesn’t yet exist – when we know we’ll tell you”. I suppose, in theory, you could formally announce a review process and, since the NP area is already designated, thats at least one stage you wouldn’t need to do again, then proceed to do a complete new NP, with full consultation, examination, referendum etc, but you wouldn’t really want to do that for a simple, partial review and costs could also be off-putting. There is also the matter of linking it in to any Local Plan reviews/partial reviews.
I can see this being a big issue going forward, especially with developers constantly challenging Local Plans on matters like 5YHLS, which in turn will impact on NPs, leading to challenges on those for being out of date. Aside from the regulatory process I am also not convinced that small groups of volunteers in local communities will be able to sustain such a system long term, but that’s another debate. If NPs aren’t going to be a flash in the pan, some sort of long term resource network is going to be necessary. There’s also the question of how many NP groups have actually benefited from enhanced CIL payments yet? That was another one of the “carrots” which seems to have dropped off the radar a bit.March 21, 2016 at 5:38 pm #12483
ps – sorry, I also meant to add that our NP was formally adopted last November and we already have one developer trying to claim in a planning applications that its out of date (its not, but challenges/threats such as that will only become more frequent)March 21, 2016 at 5:53 pm #12484
Really interesting thread, and this is something that’s definitely on our radar, especially after the NP champions events. We’re currently having conversations with DCLG and are hoping to create some kind of briefing note soon to share. When we do this will go live on the mycommunity website. Hopefully people can join the webchat tomorrow lunchtime to discuss this and other issues further.
EmmaSeptember 30, 2016 at 8:46 am #12843
I’m not sure if this forum is still live but if so (Emma?) is a briefing note about the NP review process, as per above, still intended and if so when please? I am aware there are proposals in the current Neighbourhood Planning Bill to introduce a review mechanism but as things stand under the current Regulations there is still no legal ability or process to allow a review/update of a NP.
Our Parish Council is still very much interested in undertaking a review and update of some aspects, not least because we had to do the NP at pretty much break neck speed (in NP terms anyway). However, they asked me again about the review process the other day and I have had to advise them there is still no legal process available and may not be for a couple of years, after the Bill has passed through Parliament and subsequent revisions to the Planning Act have been put in place. If that’s wrong could someone please clarify?
JeffOctober 19, 2016 at 5:50 pm #12844
I am interested to see that the forum seems to still be alive, if on life support!! I have not heard anything for months, do you think the funding has disappeared??
I was talking to DCLG a few weeks ago and they confirm that the review process is being covered in the new NDP bill which will go through Parliament over the next 12 or so months. There will be more in the bill to give more punch to the NDPs including Planning Permission in Principle.
We are still struggling with the matter of clarity and contradiction over lack of 5 yr housing land supply effectively invalidating the NDPs that have people have worked so hard to produce. We have now had 2 rejected planning applications for housing development go to appeal. One went to a hearing before an inspector last month (we await the outcome) and another appeal is underway now. Its all very disheartening. Our District Council now has over 30 communities involved in producing NDPs, quite an achievement, I just wish the SoS would also show support and guidance for the concept and make a positive statement that NPPF192 applies if a 5yr supply can’t be demonstrated.
Keep in touch, its good to know there is still someone out there!!!
JohnOctober 20, 2016 at 2:15 pm #12845
I’m not sure that the forum is still alive actually – maybe yes in the sense that its not closed , but it doesn’t appear to be “manned” given the lack of anything new for some time. I thought I saw something implying it might have been subsumed into the Locality pages, but who knows. Google also throws up this NP forum, but I don’t know if its a Govt initiative or what, although it also seems to be limping along!;
I can’t see Planning Permission in Principle having much take up in NPs to be honest, probably more of interest to housebuilders – I think thats who its really aimed at to make it easier for developers to get “old style” Outline planning permissions. In our neck of the woods, we have had a few predictable developer grumbles about the NP and but I don’t think there are any live appeals currently, they seem to have backed off for now. Ironically, there was a small scale housing proposal recently which the Parish Council DID want to support and I wrote the case for them explaining how it DID comply with our NP policies, being small scale and sustainable, but the District Council took the view that it was contrary to the NP, even though it was me who basically wrote the NP so we knew exactly what the policies mneant!
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