Neighbourhood Planning - Guidance note

What are Neighbourhood Development Plans and Neighbourhood Development Orders?

Neighbourhood Development Plans (also known as Neighbourhood Plans) are plans prepared by the community that, once adopted, will form part of the Statutory Development Plan for Hastings. They can range in detail and the area that they cover, depending on the issues and development proposed in a particular area.

Neighbourhood Plans should:

• Identify a vision and goals for the neighbourhood
• Define where new homes, shops, offices and other development should be built

They could also:

• Identify and protect local green space
• Influence what new buildings should look like
• Include policies relating to design standards

Neighbourhood Development Orders can be used to grant planning permission for specific development, without the need to submit a separate planning application.

The Rules

Local people can choose to draw up either a Neighbourhood Plan or a Neighbourhood Development Order, or both if they wish. Both must follow some ground rules:

a) They must be generally in line with local and national planning policies
b) They must be in line with other laws, for example, human rights and environmental protection, and may require a Sustainability Appraisal/Strategic Environmental Assessment to be undertaken
c) They can promote more development than is set in the Hastings Local Plan, but they cannot propose less

The Hastings Planning Strategy was adopted in February 2014 and the Development Management Plan in September 2015. Work is underway on the new Local Plan. Applications for Neighbourhood Plans should have regard to the most recent Local Plan work. More information and our Local Plan documents can be found on our new local plan pages. 

All applications for neighbourhood forums and the procedures for preparing a Neighbourhood Plan must be in accordance with the requirements of the Localism Act 2011, The Neighbourhood Planning (General) Regulations 2012, The Neighbourhood Planning (General) (Amendment) Regulations 2015, The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 and any further legislation that may be published.

By signing and submitting the application to be designated a Neighbourhood Forum the signatory is confirming membership meets the requirements as set out in Section 61F(5) of the Town and Country Planning Act 1990.

Stage 1 - Define the neighbourhood

Identify and designate a Neighbourhood Area and Neighbourhood Forum

• The local community identify an appropriate boundary for neighbourhood planning
• The local community apply to local planning authority for the area to be designated (and for a neighbourhood forum to be designated if no parish or town council)
• Local planning authority publicise and consult on the application(s) and make a decision on the neighbourhood area and forum to designate

As Hastings does not have a parish or town council, local people will need to decide how they want to work together and decide which organisation will lead on coordinating local debate. This could be an existing or new community group, although certain standards must be met in order to become a 'Neighbourhood Forum'. The group must:

• be established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood concerned
• have a membership of a minimum of 21 individuals; each of whom: i) lives in the neighbourhood area concerned, (ii) works there or (iii) is an elected member of the County or Borough Council
• have a written constitution
• submit a proposed name of the neighbourhood forum
• submit a name of the neighbourhood area to which the neighbourhood forum application relates
• supply contact details of at least one member of the proposed neighbourhood forum

The application to become a neighbourhood forum must include a written statement that fully responds to these requirements (Full details set out in The Localism Act 2011 and The Neighbourhood Planning (General) Regulations 2012).

The Council's role

In determining whether to accept a neighbourhood forum application, and to designate an organisation or body as a neighbourhood forum for a neighbourhood area, we will have regard to whether the organisation or body has:

i) secured (or taken reasonable steps to attempt to secure) a membership that includes at least one individual falling within each of the three categories specified (living or working in the town, or an elected member of the Borough or County Council;

ii) a membership drawn from different places in the neighbourhood area concerned, and from different sections of the community in that area

iii) a purpose that reflects in general terms the character of that area.

We are only able to designate one organisation or body as a neighbourhood forum in each neighbourhood area. We will keep an overview of the different requests and check that the suggested boundaries for different areas make sense and fit together. When considering the boundary of a neighbourhood area consider:

• ward boundaries
• the catchment area for walking to local services (shops, schools, doctors etc)
• physical features or natural boundaries (river, road, railway for example)
• designations or protected areas

We have the ability to say "no" if we do not agree with the boundaries proposed because for example, they overlap with another existing neighbourhood forum, or if the requirements to become a Neighbourhood Forum are not met. If we do refuse an application however, we are required to notify the body or organisation of the reasons why.

Please note that

1. Evidence that you meet the requirements as set out in Section 61F(5) of the Town and Country Planning Act 1990 may be required by the Council from time to time and as part of any awarded Designation, you shall be required to provide such as evidence as the Council may require; and
2. If at any time during the any Designation period the Council becomes aware that you have either:
a. Failed to provide accurate information in your application for Designation; or
b. Fail to provide evidence of membership when requested by the Council;
c. Fail to comply with any other condition of Designation
The Council reserves its rights to revoke such Designation with immediate effect.

Stage 2 - Prepare the Plan - Initial evidence gathering and consultation and publicity

• The local community formulate vision and objectives, gather evidence and draft details of the proposals for a plan or order
• And consult on these proposals for a minimum of 6 weeks

Once the neighbourhood boundaries and forum have been established, the plan preparation process can begin. The forum will need to establish a vision and set policies for the area. We are keen to work with Neighbourhood Forums throughout the entire process, although it is suggested that the basic framework is as follows:

a) Identify the issues that you would like to address (it may be useful to review issues already identified in the Hastings Planning Strategy, Development Management Plan and the new Local Plan documents)
b) Develop a vision and objectives to focus and guide the preparation of the Plan - how would you like the area to develop over the next 15 years?
c) Develop various options to meet this vision, and test them through consultation to inform a final plan
d) Include a map showing areas where development will take place or where protection is needed
e) Consider developing an implementation plan to show who will be responsible for delivering the policies, funding and timescales

The Neighbourhood Plan or Development Order will have to be prepared in accordance with the procedures set out in the Neighbourhood Planning (General) Regulations 2012 and any subsequent legislation. This includes publicising and consulting on the final Plan before submitting it to the Council. Please be aware that depending on the scale and potential effect of the Plan, a Sustainability Appraisal may also need to be undertaken at this stage.

Stage 3 - Submission

• Neighbourhood plan or order proposal and required documents are submitted to the local planning authority
• The authority publicises the plan or order for a minimum of 6 weeks and invites representations
• The local planning authority arranges for an independent examination of the neighbourhood plan or order
  

Stage 4 - Independent Check - Examination

• An independent examiner makes recommendations to the local planning authority on whether the draft neighbourhood plan or order meets basic conditions and other legal tests
• The local planning authority considers the report and decides whether the neighbourhood plan or order should proceed to referendum

The Localism Act requires us to appoint an independent examiner to ensure that Neighbourhood Plans and Neighbourhood Development Orders meet the requirements of the Regulations and have been prepared in accordance with strategic policies. It is at this stage where other parties' interests, e.g. landowners, will be examined, if that landowner is not part of the forum.

The examiner appointed will recommend changes where appropriate, and Hastings Borough Council will decide whether to make those changes before proceeding to Stage 4 - The Referendum.

Stage 5 - Referendum and neighbourhood plan is made

• A referendum is held to ensure that the community decides whether a neighbourhood plan should be part of the development plan for the area
• If a majority of those who vote support the neighbourhood plan or order the authority must bring it into force (unless that would breach European or human rights obligations)

It is important that the whole community has the opportunity to be involved in a Neighbourhood Plan, and a referendum is a way of ensuring this and providing democratic legitimacy. Running a referendum will be the responsibility of Hastings Borough Council.

People living in the neighbourhood area to which the Plan relates, who are registered to vote in local elections will be entitled to vote in the referendum. If more than 50% of people voting in the referendum support the plan or order, then the Council will bring it into force.

Further Information

The National Planning Policy Framework and Neighbourhood Planning (General) Regulations 2012, provide the regulatory framework for preparing Neighbourhood Plans and Neighbourhood Development Orders along with The Neighbourhood Planning (General) (Amendment) Regulations 2015 and The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016.

The following external websites provide information which may help and support you.

Guidance

• Locality - An Introduction to Neighbourhood Planning
• How to shape where you live: a guide to neighbourhood planning (CPRE, 2012)
• Planning Portal
• Planning Aid
• Planning Advisory Service

Talk to a Planning Officer

Please seek advice from the Planning Policy team before making a proposal for the creation of a Neighbourhood Forum or a Neighbourhood Plan or Development Order.

Email: Neighbourhoodplanning@hastings.gov.uk with your name and contact details

Write to us: Planning Policy team, Muriel Matters House, Breeds Place, Hastings, TN34 3UY.