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| Neighbourhood Planning (General) Regulations 2012 | |
|---|---|
| Name | Neighbourhood Planning (General) Regulations 2012 |
| Jurisdiction | United Kingdom |
| Enacted | 2012 |
| Related legislation | Localism Act 2011, Town and Country Planning Act 1990, Planning and Compulsory Purchase Act 2004 |
| Status | amended |
Neighbourhood Planning (General) Regulations 2012
The Neighbourhood Planning (General) Regulations 2012 established procedural rules for community-led neighbourhood planning instruments within the United Kingdom following the passage of the Localism Act 2011. It set out application, consultation, examination and referendum requirements designed to integrate local parish council and community group proposals with strategic planning frameworks maintained by local planning authorities such as London Borough of Camden, Manchester City Council and Edinburgh City Council. The Regulations have been interpreted and amended alongside cases and guidance involving institutions like the Supreme Court of the United Kingdom, the Department for Communities and Local Government, and bodies such as Local Government Association.
The Regulations were framed in the wake of the Localism Act 2011, which devolved planning powers to communities and complemented reforms elsewhere in the United Kingdom such as changes introduced after the Planning Act 2008 and precedents from Community Right to Build. They interacted with earlier statutes including the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004, and were informed by policy statements from ministers like Eric Pickles and reviews connected to the Burt Review and reports by organisations such as the Royal Town Planning Institute and the Town and Country Planning Association. Judicial interpretation by courts including the Court of Appeal of England and Wales and the High Court of Justice influenced subsequent amendments.
The Regulations specified how qualifying bodies such as parish councils, neighbourhood forums and designated groups could prepare neighbourhood development plans and neighbourhood development orders that, if approved, become part of the statutory development plan for a local planning authority area. They defined procedural thresholds for designation, set the scope of permitted content—consistent with higher-tier policies such as those in national planning policy issued by the Ministry of Housing, Communities and Local Government—and delineated interactions with strategic documents like local plans produced by authorities such as Greater London Authority and combined authorities including Greater Manchester Combined Authority.
Core provisions established application processes for area designation, requirements for publicity and consultation, details of submission to the responsible local planning authority, and the arrangements for independent examination and local referendum. The Regulations detailed timelines for decisions by authorities like Birmingham City Council and Glasgow City Council, requirements for basic conditions statements referencing statutes such as the European Convention on Human Rights and tests used in examinations by appointed examiners, some of whom have professional affiliations with the Royal Institution of Chartered Surveyors or the Planning Inspectorate. They also set out procedures for modification and withdrawal, and for the handling of [neighbourhood development orders] and community right to build orders.
Designated bodies—parish councils, neighbourhood forums, and qualifying bodies—bore responsibility for preparing proposals, conducting consultations, and submitting documentation. Local planning authorities such as Cambridge City Council were required to publicise applications, decide on area designations, commission examiners, and organise referendums in conjunction with electoral services like those of City of London Corporation or Belfast City Council where applicable. The Secretary of State for Housing, Communities and Local Government retained reserve powers for intervention, and statutory consultees including Historic England, Environment Agency, and Natural England played defined roles in statutory responses.
The Regulations mandated pre-submission consultation periods, publicity requirements involving notices and designated consultation bodies, and the submission of supporting documents including consultation statements, basic conditions statements, and environmental assessment screening where relevant to directives such as those stemming from European Union obligations prior to Brexit in the United Kingdom. Examinations were to be conducted by independent examiners, sometimes members of panels associated with the Planning Inspectorate or professional bodies like the Chartered Institute of Housing, who assessed conformity with policies and legal tests. Successful examiner recommendations led to local referendums organised similarly to those for local elections overseen by returning officers in authorities like Leeds City Council or Bristol City Council.
Once a neighbourhood plan or order passed referendum, local planning authorities were required to bring the instrument into force and apply it when determining planning applications alongside instruments such as local plans and decisions of bodies like Homes England. Monitoring responsibilities fell to local authorities and qualifying bodies, with indicators often aligned to objectives in strategic documents produced by authorities like Southwark Council or Newcastle City Council. Enforcement of conformity with statutory requirements involved legal review through the High Court of Justice and judicial review processes, with potential for Secretary of State directions in cases echoing previous interventions seen in disputes involving authorities like Cornwall Council.
The Regulations stimulated community-led development initiatives across localities from Cornwall to Scotland and urban wards in Greater London, enabling instruments that affected housing allocations, design codes and local infrastructure priorities. Critics including think tanks like the Smith Institute and organisations such as Shelter (charity) argued that complexities, resource constraints, and variable capacity among parish councils and neighbourhood forums limited equitable uptake, prompting calls for simplification and additional funding similar to grants administered by Homes England or support from the Local Government Association. Subsequent amendments and ministerial guidance addressed issues raised by judicial challenges and policy evolution post-Brexit in the United Kingdom, with periodic reviews influenced by reviews from bodies like the National Audit Office and research from the Joseph Rowntree Foundation.