Neighbourhood planning

Government rules give local communities powers to create their own plans and policies.

See more information about neighbourhood planning in York:

• Neighbourhood Plans in York
• Creating Neighbourhood Plans
• Public consultation
• Government Legislation

Neighbourhood Plans in York

Adopted plans form part of the Development Plan for the city and are a material consideration in planning decisions. City of York has adopted the following Neighbourhood Plans:

• Earswick Neighbourhood Plan
• Huntington Neighbourhood Plan
• Minster Precinct Neighbourhood Plan
• Rufforth and Knapton Neighbourhood Plan
• Strensall with Towthorpe Neighbourhood Plan
• Upper and Nether Poppleton Neighbourhood Plan

Parish councils/ Neighbourhood Forums in York working towards producing Neighbourhood Plans are:

• Acomb and Westfield Neighbourhood Plan
• Copmanthorpe Neighbourhood Plan
• Deighton Neighbourhood Plan
• Dunnington Neighbourhood Plan
• Elvington Neighbourhood Plan
• Fulford Neighbourhood Plan
• Haxby and Wigginton Neighbourhood Plan
• Heslington Neighbourhood Plan
• Micklegate Neighbourhood Plan
• Murton Neighbourhood Plan
• Skelton Neighbourhood Plan

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Creating Neighbourhood Plans

The overall process for creating a Neighbourhood Plan is collaborative between the qualifying body, such as a Parish Council or Neighbourhood Forum, and the Council.

Preparation of the plan is undertaken by the qualifying body and is then submitted to the Council. After Submission of the plan, the Council will lead on its independent Examination and subject to this being successful, the Referendum process.

You can view our 'A step-by-step guide to producing a Neighbourhood Plan' to see how your community can get involved.

You can also view comprehensive resources via Locality, who are a national membership network supporting local community organisations with Neighbourhood Planning on behalf of the Government.

View the Government's Planning Policy Guidance on Neighbourhood Planning, which includes key stages and considerations required in developing a Neighbourhood Plan for your area.

By law, Neighbourhood Plans must be in line with national planning policy, strategic policies in our New Local Plan and where applicable, meet EU regulations including:

• Strategic Environmental Assessment directive (SEA)
• Environmental Impact Assessment (EIA) Directive
• Habitats and Wild Birds Directive / Conservation of Natural Habitats and of Wild Flora and Fauna Directive (HRA).
• Waste Framework Directive
• Air Quality Directive
• Water Framework Directive

There are 2 cases where a Local Planning Authority must designate all of the neighbourhood areas specified in a neighbourhood area application. These are:

• where a parish council applies for the whole parish to be designated as a neighbourhood area or applies to enlarge an existing designation of a smaller part of the parish to cover the whole of the parish (this requirement does not apply where some of the parish is already part of a neighbourhood area that extends beyond the parish boundaries)
• where an LPA has not determined an application for designation of a neighbourhood area by the date prescribed. This requirement does not apply where any part of the area applied for has already been designated or is included in an area designation application that has not yet been decided

The Council will consult on and decide other types of neighbourhood area applications and applications for a qualifying body if not a Parish Council, such as a new Neighbourhood Forum.

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Public consultation

There are two stages of formal consultation required when preparing a neighbourhood plan:

• Pre-Submission consultation – on the draft Neighbourhood Plan hosted by the qualifying body; and
• Submission consultation – on the final plan submitted hosted by the Council

Consultation should accord with the Planning Legislation, which is set out in the Neighbourhood Planning Policy Guidance. Consultation run by the Council will also align with the Statement of Community Involvement, which was updated to meet the requirements of the national guidance.

Consultation on a new Statement of Community Involvement will commence shortly. See our New Local Plan webpage for further details.

Examinations

Examination is undertaken by an independently appointed Examiner who will, at the end of the process, issue a report setting out their recommendations as to whether the plan can progress to a Referendum.

In general, examinations are conducted by written representations. If an examiner considers that oral representations are necessary, these may not take place in person. Where feasible, oral representations may take place using video conferencing or other suitable technologies.

Referendum and decision-making

Subject to a successful Examination, a Neighbourhood Plan will progress to a Referendum wherein the local community will get to vote on whether to approve the plan for use as part of the Development Plan for the authority. 50% of the vote needs to be in favour for the referendum to be successful and the plan adopted.

Where the local planning authority has issued a decision statement (as set out under Regulation 25 of the Neighbourhood Planning (General) Regulations 2012) detailing its intention to send a neighbourhood plan to referendum, that plan can be given significant weight in decision-making, so far as the plan is material to the application.

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Government Legislation

Links to the relevant legislation and Government guidance are:

• The Neighbourhood Planning (General) Regulations (2012, and subsequently amended)
• The Neighbourhood Planning (Referendums) Regulations 2012 (as amended)
• Neighbourhood Planning Act (2017, as amended)
• The Localism Act 2011 (as amended)

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Also see

• Planning and building
• The Local Plan (2005)
• The New Local Plan (called our 'Strategic Planning Policy')
• Brownfield register
• Current consultations
• Referendums on neighbourhood plans