Neighbourhood planning

What is neighbourhood planning?

Neighbourhood planning was introduced by the Localism Act 2011. It empowers communities to shape the development and growth of a local area through the production of a Neighbourhood Development Plan (NDP), a Neighbourhood Development Order (NDO) or a Community Right to Build Order (CRTBO). See Practice Note: Introduction to neighbourhood planning.

The Neighbourhood Planning (General) Regulations 2012, SI 2012/637 came into force on 6 April 2012. Provisions relating to NDPs, NDOs and CRTBOs came into force on 5 April 2013.

Defining 'neighbourhood area'

There is no comprehensive statutory definition of 'neighbourhood area'; local communities are free to define their own neighbourhood areas for the purposes of preparing a plan, subject to approval by their local planning authority (LPA). Section 61G of the Town and Country Planning Act 1990 (TCPA 1990) requires that an LPA can only designate a 'neighbourhood area' where:

  1. a relevant body (ie a parish council or neighbourhood forum) has applied to the LPA for an area specified in the application to be designated as a neighbourhood area, and

  2. the LPA is determining the application

In

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Judicial Review—High Court quashes decision refusing recusal application (R (Ladybill) v Sheffield Magistrates’ Court & Rotherham Metropolitan Borough Council)

Public Law analysis: The High Court has ruled that the fair-minded and informed observer would be entitled to conclude that there was a real possibility that the decision of a district judge (‘the judge’) in the Magistrates’ Court was likely to be influenced by the desire to decide the Ladybill case in a way which validated, after the event, his earlier decision in a case called Emeraldshaw. The challenge was brought by way of judicial review in respect of the judge’s decision dated 23 May 2024, refusing to recuse himself from hearing proceedings between Ladybill and Rotherham Borough Council (‘the interested party’). Prior to that the judge had handed down a decision dated 21 March 2024 in the case of Sheffield City Council v Emeraldshaw Ltd, which was a claim by the council for payment of non-domestic rates alleged to be owing in respect of periods between June 2021 and November 2022. The judge found that Emeraldshaw was liable to pay the rates and Emeraldshaw sought to challenge the decision by way of judicial review. Emeraldshaw and Ladybill are companies within the MCR Property Group. Developments in the Emeraldshaw case later catalysed an application made on behalf of Ladybill that the judge should recuse himself from hearing the Ladybill case. The High Court found that there was a real possibility that the judge was biased. Written by Rowena Wisniewska Sethi, barrister at 4-5 Gray’s Inn Square Chambers.

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