Neighbourhood Areas

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Neighbourhood Areas

• Presentation by Chris Hern

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Neighbourhood

• Neighbourhood as a concept has been extensively
  examined in village green registration
• applications perhaps imprecisely defined in the
  legislation, most would agree that it is a
  relatively
• self contained sector of a larger urban area
  with an element of cohesiveness
• Localism legislation also has no definition. A
  recent Westminster Council report suggests that
  it
• may be defined according to a combination of
  character and function urban grain and scale,
• pattern of land use, sense of place, existing
  defined boundaries etc. There is no size limit,
  and areas
• in Westminster should reflect identifiable,
  established and recognised areas.
• Some determinants of areas might be
•  Existing administrative boundaries
• Physical barriers
• Historic links
• Social links and barriers
• Existing Residents and Tenants groups
• Focal points- Shops, community facilities, open
  space and catchment areas
• Extent of development, regeneration potential

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Neighbourhood Area

• To make application for a Neighbourhood Area a
  group
• must be a relevant body
• A relevant body is (a) a parish council or (b) an
  organisation or body which is, or is capable
• of being, designated as a neighbourhood forum (on
  the assumption that, for this
• purpose, the specified area is designated as a
  neighbourhood area)
• Applications for designation must include
• A map showing the proposed area to be designated
• A statement saying why the area is appropriate
  for designation
• A statement stating that the organisation making
  the application is a relevant body

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Local planning authoritys role

• On receipt of an application for a neighbourhood
  area the local planning authority must, as soon
  as possible, publicise on their website and in
  such other manner to bring it to the attention of
  those living, working, and having a business in
  the area, details of the application and how to
  object.
• Having considered any objections the LPA can
• 1)agree to designate the area as applied
  for
• 2) refuse to designate the area as applied
  for because it is considered that the specified
  area is not an appropriate area for
  designation
• If some or all of the specified area being
  refused is not already in a designated area then
  the LPA has the power to secure that some or all
  can be added to an existing area or form a new
  designation
• The LPA must have regard to the desirability of
  maintaining the existing boundaries of
  Neighbourhood areas already designated, but can
  modify these designations, - areas must not
  overlap with each other
• The LPA must also consider in areas wholly or
  predominately business in nature whether the
  area should be designated a business area, in
  which businesses have a separate vote on
  neighbourhood plans.

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Neighbourhood Forum

• -An organisation or may be designated as a
  Neighbourhood forum by the LPA if the authority
  is satisfied that it meets the following
  conditions-
• a) It is established for the express purpose of
  promoting or improving the social, economic and
• environmental well-being of an area that
  consists of or includes the neighbourhood area
• concerned (whether or not it is also
  established for the express purpose of promoting
  the
• carrying on of trades, professions or other
  businesses in such an area)
• b) Its membership is open to-
• i) individuals who live in the neighbourhood
  area concerned
• ii) individuals who work there (whether for
  businesses carried on there or otherwise)
• iii) individuals who are elected members
  of.a London Borough Council any of whose area
  fall
• within the Neighbourhood area concerned
• c) Its membership includes a minimum of 21
  individuals each of whom-
• i) lives in the neighbourhood area concerned
• ii) works there whether for a business
  carried on there or otherwise or
• iii) is an elected membersee above

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Neighbourhood Forum cont

• e) such other conditions as may be prescribed
• The regulations have no further prescriptions
  and the forum membership can include
• unlimited numbers from outside the area and an
  unrestricted organisational committee
• membership. The forum could also have
  organisational members.
• However the LPA in making the designation must
  have regard to the presence of at least
• one in the above categories in the membership,
  as well as its locational and social diversity)
• so it might be possible for the LPA also to
  reject a forum whose constitution does not ensure
• that its voting membership and management
  includes a majority of individuals living or
• working in the area.
• These tests might be less stringently applied to
  a relevant body applying for an area
• designation until it submits a forum proposal
• A forum is not required to be a body corporate
  unless it is also wishes to
• make a right to build order as a community
  organisation.

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Neighbourhood Development Order and Community
Right to Build Order

• A Qualifying Body is a Parish Council or an
  organisation or body designated as a
  neighbourhood
• council, which is entitled to intitiate a process
  for the purpose of requiring an LPA to make a
• Neighbourhood Development Order. This order may
  grant planning permission within the
• neighbourhood area for a specified development or
  for development of any specified class
• A community right to build order is a specific
  type of neighbourhood development order in a
• neighbourhood area made for a specific site and
  for a specific development by a
• Community organisation-it must be in a
  neighbourhood area so a community organisation
• seeking this power may need to be a relevant
  body to apply for designation as a neighbourhood
  area
• A community organisation is a body corporate
• a) which is established for the express
  purpose of furthering the social, economic and
• environmental well-being of individuals
  living, or wanting to live, in a particular area
  and
• b) which meets other such conditions in relation
  to its establishment or constitution as may be
• prescribed ---the regulations make
  provision for membership and control,
  distribution of profits and
• assets

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• The regulations also includes the following
  conditions relating to community organisations
• Individuals who live and work in the community
  area for which the community organisation is
  established (the particular area) must be
  entitled to become voting members of the
  community organisation (whether or not others can
  also become voting members) and
• The constitution of the community organisation
  must-
• i) provide that taken together the
  individuals who live in the particular area
• (aa) hold the majority of voting
  rights and
• (bb) have the majority on the board of
  directors or governing body
• ii) Include a statement-
• (aa) that the community organisation
  will carry on its activities for the benefit of
  the community of a particular area (or a
  section of it)
• (bb) Indicating how it is proposed
  the community organisations activities will
  benefit the community in a particular area (or a
  section of it)
• iii) Provide that the organisation has
  at least 10 members, living in different
  dwellings to each
• other, who live in the particular area

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• Butts Farm map 1

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• Butts Farm - map2

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• Butts Farm map 3

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• Butts Farm map 4

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