Community right to build
Contents |
[edit] Introduction
As part of the government's plan to create the ‘big society’, the Localism Act was introduced in 2011, transferring power from central and local government to local communities.
The community right to build forms part of the neighbourhood planning provisions contained in the Localism Act and was brought into force by the Neighbourhood Planning (General) Regulations in 2012.
The regulations enable local people to bring forward and deliver small-scale, site-specific, community-led developments. Any financial benefits resulting from such developments remain within the community.
The community right to build is different from the development of neighbourhood plans as it relates to specific proposals, the development of which the community overseas. Neighbourhood plans in contrast simply allow local communities to influence development in their neighbourhood and under certain circumstances to grant planning permission.
[edit] Process
To exercise the community right to build, members of a community first need to establish a corporate body that can function as a legal entity, entering into contracts and so on. Such bodies can take a number of forms, may be a new or an existing organisation (such as an existing parish council), and may involve partnerships with other organisations such as a local authority, private developers or housing associations.
The community organisation must then define the ‘neighbourhood area’ that the community right to build proposals will be contained within. If such an area does not already exist, the community group may agree one with the Local Planning Authority.
The community group must then develop their proposals, (including developing a business) and draw up a Community Right to Build Order enabling them to grant planning permission for the proposals.
The nature of the proposals is entirely dependent on the aims of the community group. However, they must be for small-scale, site-specific developments and must be broadly consistent with local and national planning policies and compliant with any other laws.
It is a requirement of the regulations that the proposals are given publicity and that consultations are undertaken to enable the local community and certain specialist bodies to comment on them. An independent check of the Community Right to Build Order is then undertaken by an examiner appointed by the local authority. If the Order doesn’t meet the required standards, the examiner may recommend the changes.
The local authority are then required to hold a referendum. If more than 50% of the people voting in the referendum support the Community Right to Build Order then the Local Planning Authority must grant planning permission. The community’s corporate body then oversees the development and decides how any profits should be used within the community.
[edit] Funding
The Government initially provided some funding through the Community Right to Build Fund to support communities in developing their proposals. However, following a lack of applications, access to this funding was extended in 2013 to include community groups and self builders who do not intend to prepare a formal Right to Build Order, but are developing projects though the normal planning system. The Community Right to Build Fund was changed into the Community Led Project Support programme, making £14m available until March 2014. This funding is only available in England, and excludes London for which there are separate provisions.
[edit] Criticism
There are concerns about the community right to build:
- What will happen to the profits generated by development?
- Whether it will only empower a particular section of the community, already used to wielding power.
- What resources and advice will be made available to local communities?
- Whether private developers will exploit this new right to build.
- What are the rules for the timing and funding of referendums?
[edit] Related articles on Designing Buildings
Featured articles and news
The benefits of writing articles for your organisation
How to create a profile for your organisation and publish for free.
No Falls Week. The importance of safe working at height
What to expect and what is on offer to avoid accidents.
Scottish Government action to reach net-zero targets
Retrofit expert group highlight critical actions needed.
A forward thinking, inclusive global community of members.
From engineered product life-spans, to their extension.
Circular economy in the built environment
A brief description from 2021. Where are we now?
Mental Health Awareness Week with ABS
Architects Benevolent Society programme of activity.
CLC publishes domestic retrofit competency framework
Roadmap of Skills for net zero.
May 13-19: Moving more for our mental health.
Understanding is key to conservation.
Open industry engagement survey seeks responses
Institutions and the importance of engagement.
National Retrofit Hub unveils new guide
Digital Building Logbooks and Retrofit: An Introduction.
Enhancing construction site reporting efficiency
Through digitisation and the digital revolution.
Noise in the built environment
BSRIA guide TG 20/2021.
17,000 people suffer conditions as a result of exposure to excessive noise at work.
Turning down the noise: Auditory health
A pervasive risk with far-reaching consequences.
Getting the most out of heat pumps and heating
How heat pumps work and how they work best.
Electrotechnical excellence, now open for entries.