All planning applications will be determined in accordance with the local authority’s development plan. A statutory development plan consists of:
- A Local Plan (including Supplementary Planning Guidance)
- A Neighbourhood Plan
- Any ‘saved policies’ from the former Regional Spatial Strategies or Structure Plans
- In London only, the London Plan
For a neighbourhood plan to be adopted, there is a set process which must be followed. Once it has been agreed at referendum, a neighbourhood plan has the same legal status as the local plan.
Neighbourhood plans should support the delivery of strategic policies contained in local plans or spatial development strategies; and plan positively to support local development. It must set out the plan period and all of the policies set out in the plan will remain in force until the plan policy is replaced.
What is neighbourhood planning?
Neighbourhood planning gives local communities direct power to shape development and growth in their local area. They are able to help deliver sustainable development by choosing the location and the appearance of new buildings.
Neighbourhood Development Orders and Community Right to Build Orders, enable small scale developments to be given planning permission for new buildings they want to see go ahead.
When determining a planning application, what weight can be attached to an emerging neighbourhood plan?
An emerging neighbourhood plan may be a material consideration during the decision-making process. Paragraph 48 of the National Planning Policy Framework sets out what weight may be given.
How should planning applications be decided where there is a neighbourhood plan in force but the local planning authority cannot demonstrate a 5-year housing supply?
When a local planning authority cannot demonstrate a 5-year housing supply, significant weight can still be given to the neighbourhood plan. This will be the case as long as the neighbourhood plan:
- has a written ministerial statement which is less than 2 years old, or the neighbourhood plan has been part of the development plan for 2 years or less;
- allocates sites for housing; and
- the local planning authority can demonstrate a 3-year supply of deliverable housing sites against its 5 year housing requirement.
If the neighbourhood plan meets these criteria, the relevant policies for the supply of housing would not be deemed to be ‘out-of-date’ and therefore will still hold significant wait in planning application decisions.
Does a neighbourhood plan have to be reviewed and updated?
There are no requirements to review or update a neighbourhood plan. However, some of the policies may become out of date if they conflict with a Local Plan’s policies which is adopted after the making of the neighbourhood plan. In such cases, the more recent policy takes precedence.
Where a neighbourhood plan has been in force for a period of time, other material considerations may be given greater weight as the evidence base for the neighbourhood plan policy becomes less robust.
Where have neighbourhood plans been adopted?
Currently, 917 neighbourhood plans have been adopted across England. There are many more neighbourhood plans that are in various stages of the application process.
Our top tip is to ALWAYS research the local development plan. Your development may fall in to an area which is covered by a neighbourhood plan or where a neighbourhood plan is in submission; it may have implications on what you want to do on the site. It is vital that you fully understand the area that you are developing in. At PD Appraisals, we offer a wide range of services and support that can help you do this.
Please get in touch for more information.