Subject: Neighbourhood Planning - Application for a Neighbourhood Area by Littleborough Civic Trust

Status: For Decision

Report to: Pennines Township

Date: 5th March 2013

Report of: Service Director Planning and Regulation – Peter Rowlinson Author: Sohida Banu

Author Email: Sohida.banu@rochdale.gov.uk Tel: 01706 924364

Comments from Statutory Officers:

Section 151 Officer Monitoring Officer

Key Decision: Yes Forward Plan General Exception Special Urgency

1. PURPOSE OF REPORT

1.1 To inform Members of the receipt of an expression of interest by Littleborough Civic Trust for the preparation of a neighbourhood development plan for the Littleborough area.

1.2 To inform members of the proposed boundary for the area to be designated as

a neighbourhood area and confirm the next steps within this process 1.3 To seek Township endorsement to the proposed area boundary as described

in the plan attached to this report for the purposes of public consultation. 2. RECOMMENDATIONS It is recommended that:

2.1 The application for the designation of the proposed area boundary as a neighbourhood area by Littleborough Civic Trust made under regulation 5 of the Neighbourhood Planning (General) Regulations 2012 is supported.

2.2 following the passing of a resolution approving the designation of the proposed

area boundary as a neighbourhood area for the Littleborough Neighbourhood Development Plan, a period of statutory consultation on the proposed area designation takes place for six weeks.

2.3 members note the officer’s intention to report back to Township at the end of the consultation period with a recommendation that Township either resolve to support the proposed designation as submitted or amended or resolve to refuse to approve the designation as appropriate.

MAIN TEXT INCLUDING ALTERNATIVES CONSIDERED/ CONSULTATION CARRIED OUT

Alternatives considered

3.1 The ability for local communities to come together to create a neighbourhood forum and plan for any development and infrastructure within their areas through the production of neighbourhood development plans was introduced by the Localism Act 2011. The Act seeks to promote and encourage greater development and involvement by local communities in the planning of their respective areas. The Council has a duty to consider and support the preparation of neighbourhood development plans by a neighbourhood forum constituted for a designated neighbourhood area. The Council is however not obliged to adopt a neighbourhood development plan but may do so upon which the neighbourhood development plan will become a material planning consideration in the determination of future planning decisions for the particular neighbourhood area.

Consultation proposed

3.2 To designate an area as a neighbourhood area under regulation 5, the Council is required to publicise an area application for a period of not less than six weeks on the Council’s website and in such other manner as the Council considers is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the application relates (regulation 6) in order to allow comments on the proposed area.

Background

3.3 The Localism Act 2011 introduced new processes for communities to get involved in planning for their areas through the preparation of neighbourhood development plans and neighbourhood development orders. The powers came into force on 1 April 2012 with the publication of the Neighbourhood Planning (General) Regulations 2012. This has provided local communities through parish councils or neighbourhood forums, the opportunity to shape and encourage delivery of new development in their area.

3.4 Through neighbourhood planning, local communities may come together to create a neighbourhood forum and the forum established which must be representative of a designated area to be covered by the preparation of any Neighbourhood Development Plan. Once a neighbourhood forum is established, a neighbourhood development plan can be prepared by the forum for the purposes of planning and controlling future developments which may be brought forward across the designated neighbourhood plan area, to plan for any growth and infrastructure. Unlike the Local Development Framework, neighbourhood planning is optional. Furthermore, neighbourhood planning is not a process that should be led by the council; it must be owned and led by the community in partnership with the authority who will provide technical planning guidance and support.

3.5 A neighbourhood development plan may contain a range of policies or proposals for land use development that will be used as part of determining decisions on planning applications. It can also grant planning permission through neighbourhood development orders for a particular, defined type of development in an area or a specific site. We would expect neighbourhood development orders to be part of neighbourhood development plan[ning??]s. The new processes require decisions to be made by the council at various stages in order to designate an area for the preparation of a neighbourhood development plan. The Act and the associated regulations provide that neighbourhood development plans (and neighbourhood development Orders) may be prepared by ‘qualifying bodies’ which, where they exist, would be either a parish council or a neighbourhood forum.

3.6 The Council must agree to a neighbourhood forum being a ‘qualifying body’ for the purposes of the Act and must agree the area for which a neighbourhood development plan or development order is to be prepared. There are specific requirements set out in the Act and regulations for a neighbourhood forum to be designated as a qualifying body and for the local authority to set other conditions.

3.7 The government has made it clear that neighbourhood development plans should be positive about guiding development and providing for sustainable economic growth. Moreover, these plans will have to be consistent with the Council’s Local Plan for the area and any relevant national planning policy guidance. The first stage of this - the Core Strategy is currently being prepared and should be adopted by the end of the year.

3.8 The stages for producing a neighbourhood development plan are outlined below. Following the process will ensure that, should the community determine that a neighbourhood development plan is the correct planning tool, that the plan can be found legally ‘sound’ and become part of Rochdale MBC’s planning policy framework. The main stages are as follows:

Stage 1: An application for a neighbourhood area is made to the Council for determination. This is the stage here. The Council must ensure that designated neighbourhood areas do not overlap, as no more than one neighbourhood development plan may be made for a particular designated neighbourhood area.

Stage 2: Following the designation of a neighbourhood area, an additional application is made by an appropriately constituted organisation to be designated as the neighbourhood forum. There are specific criteria that a designated neighbourhood forum must have a minimum membership requirement of 21 people and that they are appropriately representative of stakeholders living or working within the plan area.

Stage 3: Once the neighbourhood area is designated, the neighbourhood forum prepares the draft neighbourhood development plan or order. This stage includes consultation with residents and businesses within the plan area, and areas that may be affected by the plan.

Stage 4: The Council checks conformity with the basic procedural requirements, such as conformity with planning policy, the Local Plan, the National Planning Policy Framework, and legislation as appropriate.

Stage 5: If the neighbourhood development plan is considered to be in conformity with policy and legislation, the Council appoints an independent examiner to carry out an examination on the plan, including the possibility for a hearing of oral evidence. This check further ensures the plan conforms to policy, legislation and that it is not in breach of EU legislation.

Stage 6: Subject to the examiner’s recommendations, the Council will decide the appropriate course of action. If the examination finds that the neighbourhood development plan satisfies the requirements, the Council must plan, publicise and hold a referendum to ascertain whether there is support for the plan. If more than 50% of those voting in the referendum vote ‘yes’, then the Council will bring the plan into force. If the plan is not fit to proceed to referendum, or is rejected at a referendum, the process must start again.

Application for designation of a neighbourhood area

3.9 Littleborough Civic Trust has made an application to designate the proposed area boundary shown edged red in the plan appended to this report as the Neighbourhood Area for a proposed Littleborough Neighbourhood Development Plan. The area chosen is based on the historical Littleborough Urban District Council (UDC) boundary. It was felt that this boundary reflected the community in Littleborough. Wardle or Milnrow or other parts of the Pennines Township were not included because they were considered too large an area and would involve a number of communities rather than just one.

3.10 The application by Littleborough Civic Trust for the designation of the proposed area as the Neighbourhood Area for a prospective Littleborough Neighbourhood Development Plan consists of two letters of intent and a map; this is considered appropriate for an application at this stage. Please see enclosed map and letters in Appendix 1.

3.11 Littleborough Civic Trust are well established and have been active in Littleborough for over 40 years and regard themselves as an appropriate organisation to apply for designation as a neighbourhood forum for the proposed area. Some of the work they have been responsible for include: a report on 'A Country Park and a Regional Park', setting up of Hollingworth Lake Country Park, renovation of the old coach house to become the tourism information centre and arts centre, producing ‘The Story of Littleborough’ and the Littleborough Town Design Statement which was adopted by the Council as a Supplementary Planning Guidance (SPG).

Decision making

3.12 There are a number of decisions that need to be made at this stage and these include whether the application for designation of the proposed area boundary as the neighbourhood area for a prospective Littleborough Neighbourhood Development Plan meets the requirements of regulation 5 of the Neighbourhood Planning (General) Regulations 2012. The application must include:

• A map identifying the area (Map 1)

• A statement explaining why this area is considered appropriate to be designated (see letter in appendix 1)

• A statement that the organisation or qualifying body is capable of being an prospective neighbourhood forum for the purposes of the 1990 Act (as applied by section 38A of the 2004 Act) (see letter in appendix 1)

In Officers view it is considered the current application meets the above minimum legal requirements.

3.13 Subject to approval, the neighbourhood area application must then be publicised for consultation for a period of not less than six weeks seeking representations from the proposed area of interest. The council must publicise on the website and in any other ways considered relevant a copy of the area application, details of how to make representations and the date by which those representations must be received Township Members are invited to comment on whether any further publicity should be sought.

Next steps – application for a Neighbourhood Forum and preparing a Neighbourhood Plan

3.14 If it is deemed appropriate to designate the proposed area boundary as the neighbourhood area for a prospective Littleborough Neighbourhood Development Plan. then the process of designating Littleborough Civic Trust as the neighbourhood forum may begin. (stage 2). Only a properly designated neighbourhood forum which meets the conditions prescribed within statute and regulations may prepare a neighbourhood development plan for a designated neighbourhood area.

3.15 The neighbourhood development plan will set out a vision for the designated neighbourhood area and include planning policies for the use and development of land at a local rather than strategic level. For example it could cover where new shops, offices or homes should go and what green spaces should be protected. The plan should be compatible with national policies and the policies in the Local Plan. It should be focused on guiding development rather than stopping it. If adopted it will become a statutory plan and be used in making decisions on planning applications.

What is the council’s role in neighbourhood planning?

3.16 Neighbourhood development plans are prepared by the community but there are a number of things the Council has a duty to do. It must:

• consult on and make a decision on the boundary of the area to be designated the neighbourhood area for the purposes of the neighbourhood development plan;

• consult on and determine applications for designation of a neighbourhood forums;

• organise the check by an independent examiner into a neighbourhood development plan;

• organise the referendum into the plan; and

• if supported, resolve to adopt the neighbourhood development Plan and to bring it into force on a particular date.

The Council also has a duty to provide technical advice and support to those producing a neighbourhood development Plan.

4. FINANCIAL IMPLICATIONS 4.1 There are no specific financial implications arising from the recommendations

within this report or for the Council’s involvement in the process at this stage.

Going forward, the costs to the Council will depend on the nature and scale of help and support provided and the ability of community groups to contribute financially to the process or obtain further funding to support the plan preparation. The duty to support does not require the Council to give financial assistance to a designated neighbourhood forum unless it chooses to do so. Currently, the Government has suggested funds will be made available to authorities to cover the costs of the independent check and referendum but no details are yet available. It is not possible to provide an authoritative estimate of the total costs involved in preparing a plan.

5. LEGAL IMPLICATIONS

5.1 It is considered that the request received from the Littleborough Civic Trust is valid and meets the legal requirements of the Neighbourhood Planning (General) Regulations 2012. Further reports would need to be presented to Members in the event of the designation of the proposed area boundary as the neighbourhood area for a prospective Littleborough Neighbourhood Development Plan e.g. in respect of Littleborough Civic Trust’s application for designation a neighbourhood forum for the designated area..

6. PERSONNEL IMPLICATIONS

6.1 Much of the work associated with plan preparation is to be undertaken by the local community rather than the Council. However, it is clear that this process will require some staff input from Planning, Legal, Township and other services, in the event of the designation of the proposed area boundary as the neighbourhood area for a prospective Littleborough Neighbourhood Development Plan. At this stage, work to support the designation of the proposed area boundary as the neighbourhood area can be met from within existing staffing resources.

7. CORPORATE AND TOWNSHIP PRIORITIES

7.1 Any neighbourhood development plan must take into account and reflect the

priorities and policies in other local plan guidance and strategies for the Council. In preparing a neighbourhood development plan consideration must be given to current Township priorities at the time of preparation. This will clearly be critical to the Council’s acceptance of any neighbourhood development plan for the [Littleborough] area.

8. RISK ASSESSMENT IMPLICATIONS

8.1 All the issues raised and the recommendation(s) in this report involve risk considerations as set out below:

• Local communities will be required to show that they are able to accommodate requirements for growth and development in their areas in accordance with the Local Plan. If they simply seek to prevent development, current Guidance indicates the Plan will not succeed at an independent examination.

• Resourcing neighbourhood planning forums and neighbourhood planning areas is likely to be an issue faced by communities and authorities. It is noted that much of the work and resource is expected to be undertaken by the designated neighbourhood forum.

• Based on national feedback elsewhere, the preparation of neighbourhood development plans appears to be a lengthy and resource intensive

process. Further reports setting out any resource or risk implications would need to be presented to Township for consideration.

9. EQUALITIES IMPACTS 9.1 Workforce Equality Impacts Assessment There are no workforce equality issues arising from this report at this stage of

the process. 9.2 Equality/Community Impact Assessments

There are no equality/community issues arising from this report at this stage of the process.

Background Papers

Document Place of Inspection

Map of the area application Members’ Group Rooms

Letter of intent Members’ Group Rooms

Localism Act 2011

http://www.legislation.gov.uk/ukpga/2011/20/section/115/enacted

Neighbourhood Planning (General) Regulations (2012)

http://www.legislation.gov.uk/uksi/2012/637/pdfs/uksi_20120637_en.pdf

National Planning Policy Framework (March 2012)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/6077/2116950.pdf

Appendix 1

LITTLEBOROUGH CIVIC TRUST

PATRON: Rt. Hon. LORD BARNETT

2, Pikehouse Cottages, Lightowlers Lane,

Littleborough, Lancashire, OL15 0LWOL15 0LWOL15 0LWOL15 0LW

℡ 01706 377829

Email: IainSGerrard@aol.com 23 January 2013

Mr Mark Robinson

Chief Planning Officer PO Box 32

Telegraph House Baillie Street

Rochdale

Lancashire OL16 1JH

Dear Mr Robinson,

NEIGHBOURHOOD FORUM FOR LITTLEBOROUGHNEIGHBOURHOOD FORUM FOR LITTLEBOROUGHNEIGHBOURHOOD FORUM FOR LITTLEBOROUGHNEIGHBOURHOOD FORUM FOR LITTLEBOROUGH

Our Chairman, Dan Taylor and I would like to thank you for the meeting

held last Thursday in your office when the above was discussed.

At the meeting it was agreed that the setting up of a neighbourhood forum would first require a plan showing the area proposed to be covered by the

forum. The area of the old Littleborough Urban District was suggested by us and you were happy to take this on board as a start of the process. You

offered to provide a suitable plan of the area with the old boundary marked on it.

It was proposed by you that this map, along with a statement of intent by us, would be taken to the next Pennines Committee meeting for its

approval. This letter can be taken as a statement of intent in that, in

collaboration with you, we wish to begin the process of creating a neighbourhood forum for Littleborough with the purpose of that forum then

developing a neighbourhood plan.

A third requirement, not discussed at the meeting, but subsequently pointed out to us by Sohida Banu, is that the person or body proposing to

set up a neighbourhood forum should be a ‘qualifying’ body i.e. capable of initiating the process and carrying it through to the point where the new

forum can assume responsibility for itself.

Littleborough Civic Trust has now been active for 40 years. It was

responsible for the research and surveys which led to the publication of a report on 'A Country Park and a Regional Park' and which led directly to the

setting up of the Hollingworth Lake Country Park. It has been involved with the ‘saving’ of the old coach house of the Falcon Inn, Littleborough

and the renovation of it to become the tourism information centre and arts centre for Littleborough now known as the Coach House Heritage Centre.

In addition to many other beneficial events we wrote and published ‘The Story of Littleborough’ with the profits going to six local charities or

societies. In conjunction with the Countryside Agency and with a grant from them totalling £25,000 we involved all the people of Littleborough in

a project which researched on a large scale the history, present situation and future needs of the town. The results of this work were finally

published as the Littleborough Town Design Statement which was accepted

in its entirety by Rochdale Council with relevant parts becoming a Statutory Planning Document which is attached to the Unitary

Development Plan and will be attached to the forthcoming Local Development Plan.

We hope that this clearly shows the collective capabilities of the Trust, as a

group proposing a forum, are sufficient to carry out the necessary work involved in this enterprise. I would emphasise that Littleborough Civic

Trust is not putting itself forward entirely as the neighbourhood forum other than that someone from the Trust would probably wish to be a part

of it.

Yours sincerely,

Iain S Gerrard (Secretary)

LITTLEBOROUGH CIVIC TRUST

PATRON: Rt. Hon. LORD BARNETT

2, Pikehouse Cottages, Lightowlers Lane,

Littleborough,

Lancashire, OL15 0LWOL15 0LWOL15 0LWOL15 0LW

℡ 01706 377829

Email: IainSGerrard@aol.com

31 January 2013

Mr Mark Robinson Chief Planning Officer

PO Box 32 Telegraph House

Baillie Street Rochdale

Lancashire OL16 1JH

Dear Mr Robinson,

NEIGHBOURHOOD FORUM FOR LITTLEBOROUGHNEIGHBOURHOOD FORUM FOR LITTLEBOROUGHNEIGHBOURHOOD FORUM FOR LITTLEBOROUGHNEIGHBOURHOOD FORUM FOR LITTLEBOROUGH

It has been suggested that we give a reasoned argument for the choice of the old boundary of Littleborough to delineate the area of interest for a

forum.

We initially chose it because it was the same boundary which defines our own area of interest. However we feel it is a good choice, independent of

that reason, because it indicates the historical boundary of a community, that of Littleborough town. We have not included Wardle or Milnrow or

other parts of the Pennines Township because we feel this would be far too large an area and would involve a number of communities rather than just

one.

It has also been suggested that the present council boundaries might be

considered more appropriate by some. We would argue against this as these areas were designed to give councillors an approximately equal

number of constituents for which they would have responsibility and had nothing to do with communities as such; indeed Littleborough has been

bisected by one such boundary in a manner which bears no relationship to any historical boundaries.

We understand from advice available from Locality that if there was a

parish council in existence it could be considered as suitable to become a neighbourhood forum. Littleborough never had a parish council as such

but did have a council when it was a designated urban district. The Urban District was in existence for at least 75 years and clearly represented a

long-standing community and this is the area we felt was suitable in this

case.

Yours sincerely,

Iain S Gerrard (Secretary)