The Community Right to Build came into force on 6th April 2012 and forms part of the Neighbourhood Planning (General) Regulations contained within the Localism Act 2011(www.legislation.gov.uk/uksi/2012/637/contents/made).
In essence the Community Right to Build requires the formal process of consultation, submission and examination. The stages include:
i. Regulation 14 Pre Submission (6 weeks)
ii. Submission of the Order to the LPA
iii. LPA 6 week Regulation 16 consultation
vi. Making the Order
Regulation 14 Pre Submission (6 weeks): this is the formal 6 week consultation by the organisation submitting the order. The requirement includes the following:
• publicise the plan in a manner which brings it to the attention of people who live, work or run businesses in the neighbourhood area. This should include details of the proposed Order, details of where and when it may be viewed, details on how to make comments on the plan and the date by which comments must be received (at least 6 weeks from the date on which it is first publicised).
• consult statutory consultation bodies whose interests may be affected by the plan. The local council should be able to advise on this, but it includes the county council (if applicable), the Environment Agency, Natural England and English Heritage.
• send a copy of the proposed order to the local authority.
6 week Regulation 16 consultation
Following any amendments resulting from the pre-submission consultation stage, the proposed Order is submitted to the local planning authority.
What needs to be submitted:
• Site Location plan and other Plans: these need to be in sufficient detail to allow the independent examiner and the local community to fully understand the proposal being considered/voted on. Ideally they should include plan views, elevations, sections, perspective views and illustrations and if possible show the development in relation to the surrounding context. The intention is to aid visualisation and help those members of the community that struggle with reading plans and therefore reduce the scope for misinterpretation.
• Design and access statement: outlining the design principles and concepts that have been applied to the proposed development and how issues relating to access to the development have been dealt with.
• Relevant supporting documentation (technical reports etc.).
• Clarification over land ownership
• a consultation statement (see later section)
• a statement on how the plan fulfils the basic conditions and other legal requirements
On receiving the submitted Order proposal and supporting documents, the local authority is responsible for checking that the submitted Order has followed the proper legal process, such as the neighbourhood area being designated and that the Order has met the legal requirements for consultation and publicity. The local authority is also responsible for publicising the proposed Order and arranging for the independent examination and referendum to take place, for example in appointing the independent examiner.
The local authority will appoint a person to carry out the independent examination of the Order who is known as the ‘independent examiner’. This appointment will be agreed with the organisation that submitted the Order to the local authority. They must appoint an appropriately qualified and experienced person. The local authority will send to the independent examiner the plan and supporting information and also a copy of any comments received during the consultation period following submission of the plan. The independent examiner will take these comments into account.
If the Order is found to be satisfactory, with modifications if necessary, then the local authority will arrange for the referendum to take place. This will be organised by the elections unit and 28 working days before the date of the referendum, the local authority is required to publish information about the Order. Then 25 working days before the date of the referendum, they are required to give notice that a referendum is taking place and the date of the poll.
The question that will be asked is as follows:
Do you want the development in the Community right to Build Order for [insert name of the neighbourhood area] to have planning permission?
People on the electoral register will be entitled to vote in the referendum. If more than 50% of those voting in the referendum vote ‘yes’, then the local planning authority will grant a planning permission.