Neighbourhood planning

Neighbourhood Plans in Tewkesbury Borough

To find details on neighbourhood plans made in Tewkesbury borough; current consultations on neighbourhood plans; and communities engaged in the process and what stage they are at, go to our neighbourhood planning in Tewkesbury webpage.

What is neighbourhood planning?

The Localism Act aims to put local people and local authorities at the heart of the planning process by reducing ‘top-down’ planning and creating new powers.

As well as growth identified in the council’s current development plan (which includes the adopted joint core strategy and Tewkesbury borough plan), changes to the planning system allow local communities to come together to develop local planning policies and influence further growth through developing a neighbourhood plan. Once made (adopted), these will also form part of the development plan for Tewkesbury.

The council is now working on a review of the joint core strategy with Cheltenham and Gloucester City. Once adopted these will supersede the joint core strategy adopted in December 2017.

Neighbourhood planning in your community

Neighbourhood planning has an important role to play as part of the statutory planning framework. It is important to be aware that neighbourhood planning cannot be used to prevent development. Neighbourhood plans need to acknowledge that growth will take place under the National Planning Policy Framework. They should seek to influence how growth is managed, delivered and how development and investment in local infrastructure can provide benefits to local communities, in line with Tewkesbury’s Statutory Development Plan.

Who can prepare a neighbourhood plan?

Within Tewkesbury Borough, neighbourhood planning can only be undertaken by town and parish councils. To ensure these plans are truly led by the community, local people vote to approve them in a referendum. If the vote is successful they will form part of Tewkesbury’s statutory development plan.

Types of neighbourhood plan

There are three types of neighbourhood plan:

• Neighbourhood development plan
  Establishes a vision and general planning policies for the future development and use of land in your local area.
• Neighbourhood development order
  Allows communities to grant planning permission for certain types of development that they want in their local area.
• Community right to build order
  Allows communities to grant planning permission to build small-scale housing developments, community facilities or shops, which are identified as providing positive benefits by the community.

There is no requirement on communities to prepare a neighbourhood plan, but they are seen as a good option for communities as they demonstrate a willingness to engage positively in managing and influencing growth. They are given the same weight in considering planning applications as any other adopted plan, once they have had a successful examination and referendum and been ‘made’ by Tewkesbury borough council.

Neighbourhood planning process

The formal process of preparing a neighbourhood plan is set out in the Neighbourhood Planning Regulations 2012 (as amended) which can be viewed at:

• The Neighbourhood Planning (General) Regulations 2012
• The Neighbourhood Planning (General) (Amendment) Regulations 2015
• The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulation 2016
• The Neighbourhood Planning Act 2017 (Commencement No. 3) Regulations 2018

A neighbourhood plan should be prepared by town and parish councils and not Tewkesbury borough council.

At the meeting of the Executive Committee on 6 February 2019 it was resolved ‘That the Scheme of Delegation be amended to delegate authority to the Head of Development Services to approve the designation of neighbourhood areas where a relevant body proposes a neighbourhood area that follows their Parish Council boundary meeting the requirements of Regulation 5A of Statutory Instrument 2012/637 (The Neighbourhood Planning (General) Regulation 2012).’

The 2016 changes no longer require the council to advertise and consult on these neighbourhood area applications. This was introduced to help speed up the initial stages of plan making. The committee’s decision and associated reports can be viewed at: minutes.tewkesbury.gov.uk.

When will it be necessary to review and update a neighbourhood plan?

A neighbourhood plan must set out the period for which it is to have effect (section 38B(1)(a) of the Planning and Compulsory Purchase Act 2004). Neighbourhood plan policies remain in force until the plan policy is replaced.

There is no requirement to review or update a neighbourhood plan. However, policies in a neighbourhood plan may become out of date, for example if they conflict with policies in a local plan covering the neighbourhood area that is adopted after the making of the neighbourhood plan. In such cases, the more recent plan policy takes precedence. In addition, where a policy has been in force for a period of time, other material considerations may be given greater weight in planning decisions as the evidence base for the plan policy becomes less robust. To reduce the likelihood of a neighbourhood plan becoming out of date once a new local plan (or spatial development strategy) is adopted, communities preparing a neighbourhood plan should take account of latest and up-to-date evidence of housing need, as set out in guidance.

Communities in areas where policies in a neighbourhood plan that is in force have become out of date may decide to update their plan, or part of it. The neighbourhood area will already be designated, but the community may wish to consider whether the designated area is still the most suitable area to plan for.

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Neighbourhood plans will benefit from being reviewed and revised from time-to-time but there is no particular formula or time period for judging when the NDP needs to be revised. Consideration of whether a review of the NDP is necessary can be done through usual monitoring which may indicate a need for plans to be reviewed due to inefficiency of the policies, conflict with the NPPF or local plan etc. Locality has produced a useful toolkit on the “implementation, monitoring and review” of neighbourhood plans How to implement, monitor, and review your made neighbourhood plan – Locality Neighbourhood Planning This includes a checklist of factors to take into account when considering if a review may be necessary; including effectiveness, national legislation and policy, local policy, local circumstances and evidence and local opinion.