NDOs and CRBOs are neighbourhood planning tools which allow local residents to shape the development and growth of their local area. The statutory process for producing an NDO and CRBO is outlined in the Neighbourhood Planning (General) Regulations 2012.
NDOs and CRBOs should reflect the views and meet the needs of the local community they have been prepared for, and should be well evidenced.
An order goes through a process of consultation, examination, and public referendum. The local authority for the neighbourhood area has statutory obligations to progress orders to examination and referendum once they have been submitted. After a NDO or CRBO is prepared, development proposals in the area managed by the order will need to be consistent with the requirements of the order.
What is a Neighbourhood Development Order?
Neighbourhood development orders (NDO) grant planning permission for specific development in a neighbourhood area. Parish councils, town councils and neighbourhood forums can produce an NDO. We describe the process of setting up a neighbourhood forum in this blog.
An NDO can grant outline planning permission for specified uses on allocated sites. With an NDO in place, new development which is in accordance with the requirements of the order can go ahead without the need to submit a planning application. NDOs can be produced alongside neighbourhood plans and also provide more certainty for developers.
What is a Community Right to Build Order?
A community right to build order (CRBO) is a type of NDO that can be used to grant planning permission for small scale development for the benefit of the community on a specific site or sites within a designated neighbourhood area. Parish and town councils, neighbourhood forums and community organisations can produce a CRBO. Community organisations must meet certain legal requirements to proceed with a CRBO. Proceeds from a development in a CRBO are used for community benefit.
What is a community organisation?
CRBOs can also be prepared by existing community organisations or community organisations formed for the purposed of the CRBO. These organisations must be formed of people who live or work in the area in which the organisation is established. All individuals who live or work in the area are entitled to become voting members in the community organisation. Individuals who live in the area must hold a majority of the voting rights and be the majority of the board of directors.
As with neighbourhood forums, community organisations require a constitution. The constitution of a community organisation must state that the organisation will carry out its activities for the benefit of the community in the particular area, including in the way it manages its assets and uses its profits. The constitution of an existing community body can be used, provided it meets the requirements to be a CRBO community organisation. Alternatively, a separate community organisation can be established if there are difficulties in adapting an existing community body.
Why Produce an Order
Orders give communities the opportunity to guide development in their local area or a local site by granting planning permission for development. There are numerous benefits that good planning with community support can bring to your local area. Orders are a powerful tool that local people can use to ensure that future development meets the needs and preferences of the local community. Orders can also be used to support the regeneration of an area.
What can a Neighbourhood development order do?
Grant planning permission for specific types of development in an area or a site.
Grant planning permission subject to conditions.
Grant planning permission outright.
Grant outline consent for a site allocation in a neighbourhood plan.
What can a Community Right to Build Order do?
Orders cannot be used to prevent development. There are some restrictions to the development that can be granted planning permission by an order.
Orders cannot grant permission for the following types of development:
Development covered by a county council, such as minerals and waste.
Development described in Schedule 1 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (as amended) which automatically requires an Environmental Impact Assessment, such as power stations, installations for processing potentially harmful fuels or wastes, industrial and chemical installations, large scale transport infrastructure, waste disposal installations, water related infrastructure, gas and petroleum related infrastructure, intensive farming installations, industrial plants, quarries and mining.
Development of nationally significant infrastructure projects.
How to start producing an order?
The first stage in producing an order is acquiring the designation of a neighbourhood area. To achieve this, the neighbourhood area needs to be designated by a body capable of leading an order. Legislation allows three types of organisations to do this for NDOs; parish council, town council and neighbourhood forums; with the addition of community organisations for CRBOs. The local authority for the neighbourhood area will be able to provide advice in guidance in this process. The next step is to begin engaging with the local community. We provide an overview on community engagement in this blog.
How we can help
DAC Planning provides specialist neighbourhood planning support for local communities and on behalf of local authorities.
For a discussion on how we can assist you, please get in touch with the team:
admin@dacplanning.com / 01206 259281
This information is for general informative purposes only. Whilst every effort has been made to ensure its accuracy, DAC Planning accepts no liability whatsoever for any direct or consequential loss arising from its use.
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