Neighbourhood Planning - The Process
The Localism Act sets out the Government policy of enabling local communities to prepare Neighbourhood Development Plans (NDPs), Neighbourhood Development Orders and Community Right to Build Orders for their area.
Below is a summary of the Neighbourhood Planning Regulations which we will follow when assessing applications to undertake a Neighbourhood Development Plan.
If you are thinking about a Neighbourhood Development Plan, Neighbourhood Development Order or Community Right to Build Order contact us before making an application so we can help you through the process.
To make Neighbourhood Planning in Birmingham as open and inclusive as possible, we have a Protocol explaining the roles and responsibilities of both the City Council and the local community who wish to use neighbourhood planning to shape new development in their locality.
- plan of the proposed area
- a statement outlining why this area is appropriate for neighbourhood planning
- a statement that the group submitting the application is capable of being a ‘qualifying body’ (under section 61G of the Town and Country Planning Act 1990)
- a written statement explaining how the proposed NDP meets requirements set out in section 61(F) 5 of the Town and Country Planning Act 1990 (para 8 of Schedule 4B,)
Provided we are satisfied the Neighbourhood Forum is representative of the area, we will advertise on our web site that an application to produce a NDP has been received. This will ensure that those living, working and visiting the area, have an opportunity to comment. The application will be publicised for 6 weeks, show a plan of the area covered and give details of how the Forum can be contacted. At this stage, other forums can submit an application for the same or a different neighbourhood area. If this occurs, we will decide on the most appropriate area, as well as which group will be allowed to proceed. We will publish our reasons and decision on our website too
To assist the community with the drafting process, we will provide any relevant information, mapping material and technical support. Community and stakeholder consultation should take place alongside the drafting process. Once a Neighbourhood Forum has prepared its draft NDP, but before submitting it to us, the Forum must publicise it locally for 6 weeks. Those consulted must include people who live, work or carry out business in the neighbourhood area. Statutory consultees must also be consulted, where necessary and we will advise on this
- a plan or statement showing the area covered by the proposals
- a written statement explaining how the proposed NDP meets requirements set out in para 8 of Schedule 4B of the Town and Country Planning Act 1990
- a consultation statement, indicating who has been consulted, how they were consulted, summaries of the main issues and concerns raised, and how they have been addressed in the draft plan.
We will then publicise your plan on our website to let people know how to contact you.
Following receipt and verification of the draft plan, we will send it for Independent Examination. Usually this will be done by written representations only. However, if the examiner wishes, a public hearing may be held. If the proposals meet procedural requirements, the examiner will approve the plan for referendum and prepare a report. The examiners report will be published on our website
At the end of the process, a referendum of everyone over 18 and living in the proposed NDP area will take place. This will ensure that the community have the final say on whether a NDP comes into force. If more than 50% of people voting support the proposals, the Plan will be ‘made’ by the City Council and adopted into our Local Development Framework.
Whatever the decision, it will be publicised on our website, along with reasons for the decision. A copy of the decision will also be sent to all interested parties, and made available in the neighbourhood planning area and principal offices, such as local libraries and constituency offices.
The adopted NDP will then help shape the area and guide new development, as it will be a key consideration when planning applications are submitted to us.
Last Updated : 31st January 2014