Planning change - the voice of the people.
In my previous articles, I have highlighted the confusion caused by the attempts of Eric Pickles on behalf of the Coalition Government to abolish Regional Spatial Strategies from the planning process. The problem echoes the concerns about the advocates of Regime Replacement currently taking place in North Africa and the Middle East. What do we put in their place?
So far as the planning process is concerned, we do at least now have the answer; the Localism Bill.
The Bill is a rather long one – over 400 pages, in fact, - and its stated objective is to create structures in which people feel the sense of participation and involvement which encourages a healthy democracy. It is designed to empower people and neighbourhoods to achieve their own ambitions.
In very broad terms the Bill seeks to achieve four main objectives which are:
- New freedom and flexibility for local governments in the way they operate.
- New rights and powers for communities on matters appertaining to their communities.
- Reform of the planning system
- Reform of the current social housing policy
As regards the planning law reform provisions in the Bill, the fundamental objective is that with the exception of nationally significant infrastructure projects (which will now devolve from the Infrastructure Planning Commission to more accountable Government Ministers) planning initiatives should be formulated at local level and not be imposed from above.
The Bill anticipates that neighbourhood planning should be formulated initially by a “qualifying body” which may be the parish council or a body designated as a neighbourhood forum. Any organisation with a written constitution may apply to the Local Planning Authority (LPA) to be designated as such provided that it operates for the general well-being of local people, that it is open for membership to all local people and that its membership meets specified residency qualifications. This qualifying body will be empowered to initiate a Neighbourhood Development Plan (NDP) which will then be checked by the LPA. If it is then endorsed by a majority vote on a local referendum, it will be adopted and will become the guiding light for development in that neighbourhood. What is not, however, clear is how these procedures will be funded, especially in the present economic climate of local authority cutbacks.
Another innovative feature of the Bill is the provision for a particular type of NDP, namely a Community Right to Build Order (CRBO). A CRBO will relate to a specific development proposal and will be promoted by community organisations (not necessarily the parish council or a neighbourhood forum), half of whose members must live in the neighbourhood area. A CRBO will be subject to the same checks, including ratification by referendum, as any other NDP, but once made, it will, in effect, grant planning permission for that specific development. The size of any such development proposal will be subject to limits imposed by secondary legislation.
There is, of course, a danger that the provisions for NDPs and CRBOs will have the opposite effect to that intended and will encourage NIMBYism. There must also be doubts on the extent that the general public in any neighbourhood will embrace the democratic rights which are being devolved to it. Voting turnouts in local government elections are not encouraging in this regard. There is also the possibility that parish councils and neighbourhood forums will not be truly representative of the neighbourhood which they purport to represent, but reflect the views and prejudices of their more vocal and assertive members. The greatest fear is that we may be handing the keys of the asylum to the inmates (see first paragraph).
Time will tell. It remains to be seen how the Bill will be moulded in the course of its passage through Parliament.
This article contains information of general interest about current legal issues. It does not give legal advice and specific advice should always be sought about your particular circumstances. We will be happy to assist.
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