Neighbourhood Planning Regulations

Source: Dept Communities and Local Govt.

In the consultation document on Neighbourhood Planning Regulations, published in October 2011 by the Department of Communities and Local Government, a number of recommendations are made about how Community Right to Build groups should be constituted:

13. For the purposes of paragraph 3(1)(b) of Schedule 4C (community right to build orders) to the 1990 Act, the following additional conditions are prescribed—
(a) individuals who live or work in the particular area must have the opportunity to become members of the community organisation (whether or not others can also become members);
(b) the constitution of the community organisation must provide that— 
(i) individuals who live in the particular area control at least 51% of its voting rights;
(ii) one of its objectives is to provide a benefit for the local community;
(iii) any assets of the community organisation cannot be sold or developed except in a manner which the trust’s members consider benefits the local community;
(iv) any profits from its activities will be used to benefit the local community (otherwise than by being paid directly to members);
(v) in the event of the winding up of the community organisation or in any other circumstances where the community organisation ceases to exist, its assets must be transferred to another body corporate which has similar objectives; and
(vi) the organisation has at least 5 members, who are not related to each other, who live in the particular area.


The Beacon Project Charlbury currently meets all of these proposed stipulations for a CRTB group, and will be discussing ways of opening the membership of the project when a site is identified and the extent of potential membership is thereby known.

Community Right to Build

Source: Dept of Communities and Local Govt.

The Coalition Government's Localism Bill, which gained Royal Assent on November 15 2011 potentially introduces important new rights and powers to allow local communities to shape new development in their area. There are two strands to the Bill in this regard: Neighbourhood Development Plans would be taken forward by either town or parish councils to decide what development they would like to see in their area, which would then be put to a referendum of the local population. The second strand is the Community Right to Build initiative, which would enable community organisations to bring forward smaller scale development proposals that are sustainable and bring benefits to their communities. The Bill states that it envisages Community Right to Build in this way:

"As part of neighbourhood planning, the Bill gives groups of local people the power to deliver the development that their local community want. They may wish to build new homes, businesses, shops, playgrounds or meeting halls. A community organisation, formed by members of the local community, will be able to bring forward development proposals which, providing they meet minimum criteria and can demonstrate local support through a referendum, will be able to go ahead without requiring a separate traditional planning application. The benefits of the development, such as new affordable housing or profits made from letting the homes, will stay within the community, and be managed for the benefit of the community. There will be support for communities wishing to bring forward development under the community right to build, providing information, advice and signposting to relevant expertise."


This initiative sits within the wider context of a proposed major shift in planning in the UK to meet the housing crisis and to drive economic growth. The proposed – and controversial – National Planning Policy Framework for instance is based on  three premises: planning for prosperity, planning for people, and planning for places (environmental role). The controversial element is the strong presumption in favour of 'sustainable development', which is as yet to be defined. Within this new framework Local Authorities should:

• Prepare local plans to meet locally assessed development needs
• Approve development proposals that accord with statutory plans without delay
• Grant permission where the plan is absent, silent, indeterminate or where relevant policies are out of date

In other words, where a proposal is consistent with an adopted neighbourhood plan it should be approved unless there is an overriding national interest reason not to, or the proposal impinges upon a site designated for nature conservation, for example under the EU Habitats Directive etc. There is an emphasis upon a 'plan-led' approach in contrast the present system of 'development control'. The sustainable component emphasises the natural and historic environment, full use of public transport, walking and cycling; strategies for health and well-being; promotion of renewable energy etc.


The Beacon Project Charlbury sees this as a potentially important step towards allowing sustainable, environmentally-friendly development in Charlbury which will bring benefits to the community in the form of more affordable, and better quality, housing, as well as potential employment.