BRAY PARISH NEIGHBOURHOOD DEVELOPMENT PLAN
During the period leading up to Monday 8th October 2018, the Bray Parish Council's Neighbourhood Development Plan was assessed by an "Examiner", who required changes. Additionally the Local Authority required changes. These changes diminished the power of the plan to protect our Green Belt land.
As a consequence of these changes, at their 8th October 2018 meeting the Bray Parish Council voted to reject the Bray Parish Neighbourhood Development Plan as amended, as it would no longer represent the wishes of Local Residents including those who helped develop the original version, these being local residents who attended workshops and additionally those dedicated residents who worked as members of the Bray Parish Neighbourhood Development Plan Team. See www.brayplan.com/
This rejection by Bray Parish Council is a victory for common sense and it is hoped will send a message to Local and Central Government, that Green Belt land should not be built upon, and that their continual interference and obfuscation in modifying the legal structures surrounding the promotion of building on Green Belt has been noted and rejected.
It appears to me, Andrew Cormie, that Central Government introduced Neighbourhood Development Planning so as to make it easier for property developers and builders to build on Green Belt land. I have written elsewhere on this web-site and in various emails that it is the case that the legal framework establishes that Neighbourhood Development Plans are allowed to promote MORE building than could the Local Development Plan, but NEVER LESS.
I congratulate the Parish Councillors who rejected this plan. If the plan had been approved by the Parish Council, the next stage would have been a public referendum, as only after approval by local residents would the plan have become valid. If it had gone to a referendum in its October 2018 state I would have recommended to residents that they should reject it.
Note my use of the word DEVELOPMENT. It is common practice to refer to these plans as "Local Plan" and "Neighbourhood Plan", whilst their full legal titles are "Local Development Plan" and "Neighbourhood Development Plan".
The RBWM Local Development Plan itself has been a subject of much interference by Central Government. Central Government's Planning Inspectorate rejected an earlier version, and the current draft is the subject of a public inquiry by that same Central Government agency.
Many residents are fighting against the RBWM Local Development Plan, see;
http://rbwmresidentsactiongroup.co.uk/contact.html
and
www.holyportresidentsassociation.org/local-plan-2016-2018.html
On 11th October 2018, the RBWM Borough Council lead member for planning's letter deploring the Bray Parish Council's decision was published in the Maidenhead Advertiser. On 18th October 2018, that same newspaper published an article reporting the Parish Council decision. On 25th October, the same newspaper published a letter from the Chairman of Bray Parish Council, where the matter was explained.
The Bray Parish Council Chairman's letter points out that the money that Cllr Coppinger refers to (10% of the Community Infrastructure Levy www.gov.uk/guidance/community-infrastructure-levy ) is only available if the houses that RBWM wish to build are actually built - as the money comes from the builders - who of course get that money from those to whom they sell the houses. So Central Government has set up a system that bribes the local parish council to approve house building so as to get money from house buyers for local improvements, thus saving Central Government from funding these improvements.
It appears that 75% of the Levy goes for Strategic Infrastructure Development. But as the RBWM Residents Action Group has pointed out there is little sign of any plan for the infrastructure necessary to support the house-building planned by RBWM. However, as Councillor Elvin points out, the word "strategic" is used to designate RBWM Local Development Plan policies that over-rule Neighbourhood Development Planning policies.
The three items from the Maidenhead Advertiser are shown below.
As a consequence of these changes, at their 8th October 2018 meeting the Bray Parish Council voted to reject the Bray Parish Neighbourhood Development Plan as amended, as it would no longer represent the wishes of Local Residents including those who helped develop the original version, these being local residents who attended workshops and additionally those dedicated residents who worked as members of the Bray Parish Neighbourhood Development Plan Team. See www.brayplan.com/
This rejection by Bray Parish Council is a victory for common sense and it is hoped will send a message to Local and Central Government, that Green Belt land should not be built upon, and that their continual interference and obfuscation in modifying the legal structures surrounding the promotion of building on Green Belt has been noted and rejected.
It appears to me, Andrew Cormie, that Central Government introduced Neighbourhood Development Planning so as to make it easier for property developers and builders to build on Green Belt land. I have written elsewhere on this web-site and in various emails that it is the case that the legal framework establishes that Neighbourhood Development Plans are allowed to promote MORE building than could the Local Development Plan, but NEVER LESS.
I congratulate the Parish Councillors who rejected this plan. If the plan had been approved by the Parish Council, the next stage would have been a public referendum, as only after approval by local residents would the plan have become valid. If it had gone to a referendum in its October 2018 state I would have recommended to residents that they should reject it.
Note my use of the word DEVELOPMENT. It is common practice to refer to these plans as "Local Plan" and "Neighbourhood Plan", whilst their full legal titles are "Local Development Plan" and "Neighbourhood Development Plan".
The RBWM Local Development Plan itself has been a subject of much interference by Central Government. Central Government's Planning Inspectorate rejected an earlier version, and the current draft is the subject of a public inquiry by that same Central Government agency.
Many residents are fighting against the RBWM Local Development Plan, see;
http://rbwmresidentsactiongroup.co.uk/contact.html
and
www.holyportresidentsassociation.org/local-plan-2016-2018.html
On 11th October 2018, the RBWM Borough Council lead member for planning's letter deploring the Bray Parish Council's decision was published in the Maidenhead Advertiser. On 18th October 2018, that same newspaper published an article reporting the Parish Council decision. On 25th October, the same newspaper published a letter from the Chairman of Bray Parish Council, where the matter was explained.
The Bray Parish Council Chairman's letter points out that the money that Cllr Coppinger refers to (10% of the Community Infrastructure Levy www.gov.uk/guidance/community-infrastructure-levy ) is only available if the houses that RBWM wish to build are actually built - as the money comes from the builders - who of course get that money from those to whom they sell the houses. So Central Government has set up a system that bribes the local parish council to approve house building so as to get money from house buyers for local improvements, thus saving Central Government from funding these improvements.
It appears that 75% of the Levy goes for Strategic Infrastructure Development. But as the RBWM Residents Action Group has pointed out there is little sign of any plan for the infrastructure necessary to support the house-building planned by RBWM. However, as Councillor Elvin points out, the word "strategic" is used to designate RBWM Local Development Plan policies that over-rule Neighbourhood Development Planning policies.
The three items from the Maidenhead Advertiser are shown below.
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Historical re Bray Parish Neighbourhood Development Planning
On 13th July 2017, the HRA received the letter, PDF's of which appear below, in which RBWM invite HRA to comment on the Bray Parish Neighbourhood Plan (2016-2030) Submission version (Regulation 16) Consultation. At the present time we therefore have the Local Development Plan and the Bray Parish Neighbourhood Development Plan to comment upon. We will see if we have time for both. At present it is likely that comments provided for the earlier version of the BPNDP will have to suffice. Individuals are of course encouraged to respond on their own behalf.
But consider this;
As the pending Bray Parish NDP and pending Borough Local Development Plan (BLDP) do not align (the BLDP requires development where the BPNDP is against it) there seems no early likelihood of there being a BPNDP. In this latter regard the law states to the effect that an NDP cannot require less development than does the BLDP.
This being the case I do not see why the public are being asked to comment on the BPNDP, whilst it is so clearly out of alignment with the BLDP.
Logically RBWM Planning should immediately reject the BPNDP, sending it back for further development, as it does not align with the BLDP. There should be no public consultation at this stage.
But consider this;
As the pending Bray Parish NDP and pending Borough Local Development Plan (BLDP) do not align (the BLDP requires development where the BPNDP is against it) there seems no early likelihood of there being a BPNDP. In this latter regard the law states to the effect that an NDP cannot require less development than does the BLDP.
This being the case I do not see why the public are being asked to comment on the BPNDP, whilst it is so clearly out of alignment with the BLDP.
Logically RBWM Planning should immediately reject the BPNDP, sending it back for further development, as it does not align with the BLDP. There should be no public consultation at this stage.
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The black and red text below was written in May 2015, and now in July 2017, the submission version of the Bray Parish Neighbourhood Development Plan is being offered for consultation by RBWM. The consultation opened on Friday 7 July 2017 and will run until 5pm on Friday 1 September 2017. As of today 9th July 2017 I have not reviewed it in detail, but a quick scan shows that it has most of the problems that concerned me in May 2015.
I recommend that all Bray Parishioners consider it carefully and make appropriate comments. Bear in mind that the law states that a Neighbourhood Development Plan may specify MORE development than the Borough Local Development Plan, but can NEVER SPECIFY LESS development. We currently have a Borough Local Plan which intends building on areas within Bray Parish / Ward upon which the Bray Parish Neighbourhood Development Plan specifies no building. So the two plans are incompatible.
Despite this being seemingly favourable to Green Belt, but which seems will never be agreed by RBWM Council; in my view the Bray Parish Neighbourhood Development Plan as written will be too easily manipulated by developers.
As I have said before now, it seems to me that Neighbourhood Development Planning was introduced to make it easier for developers to find ways to develop.
After the consultation period and perhaps before the consultation ends, an independent examiner will examine the plan.
If he or she is satisfied and presumably if the Local and Neighbourhood plans can be made compatible. the Neighbourhood plan will be subject to a referendum of residents.
If it reaches that stage it will be passed into existence if more than 50% of those who vote, vote for it.
As of 31 March 2014 there were 6493 persons on the voters roll for Bray Parish.
At the last consultation on the Borough Local Development Plan only 1% of those entitled to vote voted.
If the same percentage applies for the Bray Parish Neighbourhood Development Plan referendum then the number of voters could be as little as 65.
So maybe only 33 people could decide yes or no for this plan.
The following text is from www.gov.uk/guidance/neighbourhood-planning--2
Can a neighbourhood plan come forward before an up-to-date Local Plan is in place?
Neighbourhood plans, when brought into force, become part of the development plan for the neighbourhood area. They can be developed before or at the same time as the local planning authority is producing its Local Plan.
A draft neighbourhood plan or Order must be in general conformity with the strategic policies of the development plan in force if it is to meet the basic condition. Although a draft neighbourhood plan or Order is not tested against the policies in an emerging Local Plan the reasoning and evidence informing the Local Plan process is likely to be relevant to the consideration of the basic conditions against which a neighbourhood plan is tested. For example, up-to-date housing needs evidence is relevant to the question of whether a housing supply policy in a neighbourhood plan or Order contributes to the achievement of sustainable development.
Where a neighbourhood plan is brought forward before an up-to-date Local Plan is in place the qualifying body and the local planning authority should discuss and aim to agree the relationship between policies in:
The local planning authority should take a proactive and positive approach, working collaboratively with a qualifying body particularly sharing evidence and seeking to resolve any issues to ensure the draft neighbourhood plan has the greatest chance of success at independent examination.
The local planning authority should work with the qualifying body to produce complementary neighbourhood and Local Plans. It is important to minimise any conflicts between policies in the neighbourhood plan and those in the emerging Local Plan, including housing supply policies. This is because section 38(5) of the Planning and Compulsory Purchase Act 2004 requires that the conflict must be resolved by the decision maker favouring the policy which is contained in the last document to become part of the development plan. Neighbourhood plans should consider providing indicative delivery timetables, and allocating reserve sites to ensure that emerging evidence of housing need is addressed. This can help minimise potential conflicts and ensure that policies in the neighbourhood plan are not overridden by a new Local Plan.
I recommend that all Bray Parishioners consider it carefully and make appropriate comments. Bear in mind that the law states that a Neighbourhood Development Plan may specify MORE development than the Borough Local Development Plan, but can NEVER SPECIFY LESS development. We currently have a Borough Local Plan which intends building on areas within Bray Parish / Ward upon which the Bray Parish Neighbourhood Development Plan specifies no building. So the two plans are incompatible.
Despite this being seemingly favourable to Green Belt, but which seems will never be agreed by RBWM Council; in my view the Bray Parish Neighbourhood Development Plan as written will be too easily manipulated by developers.
As I have said before now, it seems to me that Neighbourhood Development Planning was introduced to make it easier for developers to find ways to develop.
After the consultation period and perhaps before the consultation ends, an independent examiner will examine the plan.
If he or she is satisfied and presumably if the Local and Neighbourhood plans can be made compatible. the Neighbourhood plan will be subject to a referendum of residents.
If it reaches that stage it will be passed into existence if more than 50% of those who vote, vote for it.
As of 31 March 2014 there were 6493 persons on the voters roll for Bray Parish.
At the last consultation on the Borough Local Development Plan only 1% of those entitled to vote voted.
If the same percentage applies for the Bray Parish Neighbourhood Development Plan referendum then the number of voters could be as little as 65.
So maybe only 33 people could decide yes or no for this plan.
The following text is from www.gov.uk/guidance/neighbourhood-planning--2
Can a neighbourhood plan come forward before an up-to-date Local Plan is in place?
Neighbourhood plans, when brought into force, become part of the development plan for the neighbourhood area. They can be developed before or at the same time as the local planning authority is producing its Local Plan.
A draft neighbourhood plan or Order must be in general conformity with the strategic policies of the development plan in force if it is to meet the basic condition. Although a draft neighbourhood plan or Order is not tested against the policies in an emerging Local Plan the reasoning and evidence informing the Local Plan process is likely to be relevant to the consideration of the basic conditions against which a neighbourhood plan is tested. For example, up-to-date housing needs evidence is relevant to the question of whether a housing supply policy in a neighbourhood plan or Order contributes to the achievement of sustainable development.
Where a neighbourhood plan is brought forward before an up-to-date Local Plan is in place the qualifying body and the local planning authority should discuss and aim to agree the relationship between policies in:
- the emerging neighbourhood plan
- the emerging Local Plan
- the adopted development plan
The local planning authority should take a proactive and positive approach, working collaboratively with a qualifying body particularly sharing evidence and seeking to resolve any issues to ensure the draft neighbourhood plan has the greatest chance of success at independent examination.
The local planning authority should work with the qualifying body to produce complementary neighbourhood and Local Plans. It is important to minimise any conflicts between policies in the neighbourhood plan and those in the emerging Local Plan, including housing supply policies. This is because section 38(5) of the Planning and Compulsory Purchase Act 2004 requires that the conflict must be resolved by the decision maker favouring the policy which is contained in the last document to become part of the development plan. Neighbourhood plans should consider providing indicative delivery timetables, and allocating reserve sites to ensure that emerging evidence of housing need is addressed. This can help minimise potential conflicts and ensure that policies in the neighbourhood plan are not overridden by a new Local Plan.
Following was written in May 2015
As of 18th May 2015, the Bray Parish Council has issued for comments its draft Neighbourhood Development Plan for Bray Parish.
My present comments on it are as shown in the PDF documents that may be downloaded from the blue buttons at the end of this text. See also my Blog, where I summarize my main concerns.
It should be noted that the full Draft Plan is more revealing of BPNDP intentions than is the Share Your Views document that was delivered to all Bray Parish households.
Following is from the "Good Councillors Guide" for Parish Councils
Neighbourhood plans and the community right to build
Through the Localism Act 2011, the Government introduced two new ways in which local councils can influence planning in their area: the neighbourhood plan and the neighbourhood (or community) development order.
• If approved, a neighbourhood plan becomes the development plan for the area, superseding the local plan (although it must be aligned with it). The neighbourhood plan can give your local community more say about where new homes are built and what they should look like. It can, for example, allocate land for industry and leisure or set retail and infrastructure policies.
• Neighbourhood (or community) development orders arise from the community right to build set out in the Localism Act 2011. Local councils and community groups have the right to propose smallscale, site-specific community-led developments. This right allows communities to build new homes, shops, businesses or facilities where they want them, without going through the normal planning application route. Any project built under the community right to build is managed by the local council or community group.
To get approval for a neighbourhood plan or development order the council must
• work with the local planning authority
• take expert advice to ensure that the plan or order complies with national planning policies and strategic elements of the local plan
• engage fully with all parts of the local community
• seek approval from an independent inspector
• gain support from at least 50% of local people voting in a referendum.
Once in place, a neighbourhood plan gives your community more control over the way in which your area develops; a neighbourhood plan becomes part of the development plan which will be used by the local planning authority when determining planning applications.
As of 18th May 2015, the Bray Parish Council has issued for comments its draft Neighbourhood Development Plan for Bray Parish.
My present comments on it are as shown in the PDF documents that may be downloaded from the blue buttons at the end of this text. See also my Blog, where I summarize my main concerns.
It should be noted that the full Draft Plan is more revealing of BPNDP intentions than is the Share Your Views document that was delivered to all Bray Parish households.
Following is from the "Good Councillors Guide" for Parish Councils
Neighbourhood plans and the community right to build
Through the Localism Act 2011, the Government introduced two new ways in which local councils can influence planning in their area: the neighbourhood plan and the neighbourhood (or community) development order.
• If approved, a neighbourhood plan becomes the development plan for the area, superseding the local plan (although it must be aligned with it). The neighbourhood plan can give your local community more say about where new homes are built and what they should look like. It can, for example, allocate land for industry and leisure or set retail and infrastructure policies.
• Neighbourhood (or community) development orders arise from the community right to build set out in the Localism Act 2011. Local councils and community groups have the right to propose smallscale, site-specific community-led developments. This right allows communities to build new homes, shops, businesses or facilities where they want them, without going through the normal planning application route. Any project built under the community right to build is managed by the local council or community group.
To get approval for a neighbourhood plan or development order the council must
• work with the local planning authority
• take expert advice to ensure that the plan or order complies with national planning policies and strategic elements of the local plan
• engage fully with all parts of the local community
• seek approval from an independent inspector
• gain support from at least 50% of local people voting in a referendum.
Once in place, a neighbourhood plan gives your community more control over the way in which your area develops; a neighbourhood plan becomes part of the development plan which will be used by the local planning authority when determining planning applications.
The following button will provide the Draft Plan as of May 2015 from the BrayPlan website;