Policy and regulations
Neighbourhood Planning – Policy and regulations
The regulations that shape neighbourhood planning are likely to change and it is important to keep abreast of such changes. In order to maintain knowledge the best way is to regularly check http://www.legislation.gov.uk/
The House of Commons Library has published a good overview on Neighbourhood Planning including a detailed briefing paper.
The past and current legislation that frames NP and the relevant regulations are listed here for reference:
- Localism Act (2011) – http://www.legislation.gov.uk/ukpga/2011/20/contents/enacted
- Neighbourhood Planning (General) Regulations 2012 – http://www.legislation.gov.uk/uksi/2012/637/contents/made – amendments were made to these Regulations in 2015 http://www.legislation.gov.uk/uksi/2015/20/regulation/2/made and 2016 http://www.legislation.gov.uk/uksi/2016/873/contents/made
- There are separate Regulations for the referendum. Neighbourhood Planning (Referendum) Regulations 2012 – http://www.legislation.gov.uk/uksi/2012/2031/contents/made
- amendments were made to these Regulations in 2014 – http://www.legislation.gov.uk/uksi/2014/333/regulation/3/made
- and 2016 – http://www.legislation.gov.uk/uksi/2016/934/regulation/2/made
- Neighbourhood Planning Act 2017 – http://www.legislation.gov.uk/ukpga/2017/20/contents
Keypoints
There are a series of statutory stages (see NP Stages) that must be followed during the development of the Neighbourhood Plan and legislative requirements. The draft Plan will be subject to an independent examination who will assess whether it meets the following Basic Conditions (as detailed in Schedule 10 of the Localism Act 2011):
- having regard to national policies and advice contained in guidance issued by the Secretary of State, it is appropriate to make the order,
- the making of the order contributes to the achievement of sustainable development,
- the making of the order is in general conformity with the strategic policies contained in the development plan for the area of the authority (or any part of that area), and
- the making of the order does not breach, and is otherwise compatible with, EU obligations.
National Policy and Guidance
- National Planning Policy Framework – https://www.gov.uk/government/publications/national-planning-policy-framework–2
- National Planning Practice Guidance – https://www.gov.uk/government/collections/planning-practice-guidance