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Showing posts from December, 2018

NPPF challenged in High Court

Environmental campaign group, Friends of the Earth, have challenged the government's National Planning Policy Framework (NPPF) in the High Court, this week.

Friends of the Earth argue that the government has not fully considered the environmental impacts of the new NPPF, which was published in July 2018. Namely, the government has not undertaken a Strategic Environmental Assessment (SEA).

Friends of the Earth's main concern appears to be that the NPPF's approach to energy could have environmental consequences, which have not been assessed. The NPPF places strict rules on wind energy developments, whilst welcoming fracking (shale gas extraction) and not ruling out future coal power stations. The group also has other concerns about the green belt policy, which does not entirely rule out development in the green belt.

If the NPPF were 'quashed' as a result of the legal challenge, it could have significant consequences for England's planning system, including the p…

"Presumption-proofing" Neighbourhood Plans

Planning law states that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. Therefore, where a planning application conflicts with an up-to-date Local Plan or any Neighbourhood Plans, permission should not usually be granted unless there are material considerations which indicate that a departure from the plan(s) would be appropriate.

In July 2018, government published a new National Planning Policy Framework (NPPF) replacing the previous 2012 framework. The NPPF is potentially one form of ‘material consideration’. The current (and former) NPPF includes a 'presumption in favour of sustainable development'.

The ‘presumption in favour of sustainable development’ applies where there are no relevant development plan policies, or the policies which are most important for determining applications, including housing development, are out-of-date

Crucially, the NPPF considers plans to be ou…

Notes on Neighbourhood Planning, Edition 21 (December 2018)

The Ministry of Housing, Communities & Local Government (MHCLG) has published its latest edition of Notes on Neighbourhood Planning, 21st Edition (December 2018).

This edition includes information on:

Publication of the new NPPFEU General Data Protection Regulations (GDPR)EU Habitats rulingNeighbourhood Planning NewsSocial networking and resources This, and previous editions are available to download from: https://www.gov.uk/government/collections/notes-on-neighbourhood-planning

Welcome!

Thank you for checking out All Things Neighbourhood Planning. This site is new, but over time I hope it will become your go to place to find advice and latest news for all things to do with neighbourhood planning.

I especially hope this blog will be a useful resource to all those volunteers actively involved in preparing Neighbourhood Plans.

'Neighbourhood Planning' is a collective term for a set of tools which communities can use to manage development in their area. It includes:

Neighbourhood Development PlansNeighbourhood Development OrdersCommunity Right to Build Orders
Neighbourhood Development Plans, usually known as 'Neighbourhood Plans', have generated the most interest. At the time of writing, over 700 Neighbourhood Plans have passed referendum (the final stage of making a plan).

Once 'made' by an area's district or borough council, Neighbourhood Plans become part of the Development Plan for the area. This means they are used by planners when determi…