Local Development Orders (LDO) and Community Right to Build

Local Development Orders (LDO) and Community Right to Build Order (CRTBO)

Local Development Orders and Community Right to Build Orders have a similar function by helping to smooth the planning process for specific types of development. They are intended to provide greater certainty, along with saving time and money by all involved.

The main difference is that Local Development Orders (LDOs) must be made by the Council, whereas Community Right to Build Orders (CRTBOs) are done through a process similar to neighbourhood planning by parish groups or local forums.

Local Development Orders (LDOs)

These were introduced in the Planning & Compulsory Purchase Act 2004 and allow local planning authorities to remove the need for the need to apply for initial planning permission on certain specified development in defined area(s). The 2008 Planning Act removed the requirement for these to only be used where implementing policies in adopted Local Development Documents but more widely in appropriate situations where the impacts are acceptable to promote economic, social or environmental gains for the area.

The role and process of an LDO extending permitted development rights in a Local planning Authority area is set out in the National Planning Policy Guidance.

The procedures for making a Local Development Order are set out in sections 61A to 61D and Schedule 4A of the Town and Country Planning Act 1990, as amended by section 38 and 41 of the Town and Country Planning (Development Management Procedure) (England) Order (DMPO) 2015.

Arun District Council has embraced the use of Local Development Orders (LDOs) at Butlins, in regard to supporting the Horticultural sector and is pursuing the development of one for Enterprise Bognor Regis.

Material on the Local Development Orders page constitutes the Council’s formal Planning Register for Local Development Orders as required by the Development Management Procedure Oder 2015 as amended.

Horticulture Local Development Order (LDO)

Following Full Council on 14 September 2016 Arun District Councillors agreed a Local Development Order (LDO) for the horticulture sector. The LDO for horticulture has been approved for use for 10 years from the date of its adoption. During this period it will be subject to ongoing review.

Horticulture is a key employment sector in the Arun District and is particularly concentrated in a number of localities. The Council’s Economic Strategy to 2026 identifies the Horticulture Sector as one of four key sectors which are particularly strong in the local economy with good opportunities for economic development and job creation. While the sector has significant potential for growth, it faces issues in relation to economies of scale, the quality of existing infrastructure, and production costs. The Council is committed to assisting the Horticulture Sector to respond effectively to these issues through the policies in its development plan and the proposed LDO.

Local Development Order

The Arun Horticulture Local Development Order (the LDO) permits development only within the boundaries identified on the LDO area plans. The extent of the LDO area is shown on the “red line” plans within Appendix A and Appendix B “Description of LDO Areas” of the draft LDO document.

LDO Permitted Development

The developments permitted by the Order shall comprise works to:

renew, replace or extend existing areas of glasshouses or polytunnels;
upgrade areas of polytunnels to glasshouses;
renew, replace or extend existing packhouse and distribution buildings;
construct water storage reservoirs; and/or
provide engineered operational surfaces or access routes (including parking areas) and plant/structures external to any proposed glasshouse, polytunnel or packhouse where these are essential to the proper functioning of the glasshouse, polytunnel or packhouse and/or to comply with development parameters or condition set out in the Order.

The Council invited comments on the draft LDO and the consultation closed 5 pm on Friday, 13 May 2016.

If you have any queries relating to this consultation please contact Management Support (Tel: 01903 737753 or email: horticultureldo@arun.gov.uk)

Documents:

Individual Public / Statutory Responses:

Report to Development Control Committee 13 July 2016:

Report to Development Control Committee 13 July 2016.pdf [pdf] 7MB

Historic Documents:

Butlins Local Development Order

The Local Development Order (LDO) provides limited permitted development rights to small scale development within the Butlin's Campus. The LDO lasts for a period of three years from the date which it is formally adopted.

Arun District Council’s Development Control Committee approved a draft Local Development Order relating to Butlin's, in Bognor Regis, to go out to public consultation at its meeting on 29 March 2012. An eight-week period of consultation ran from 5th December 2012. The Local Development Order was approved by the Development Control Committee at its meeting of 31st July 2013 following minor amendments. Following referral to the Secretary of State the Council adopted the Local Development Order with it coming into effect as of Monday 1st September 2014.

The LDO allows Butlin's permission to make small changes to their buildings without requiring a planning application to be made each time.. Permissions provided by this LDO would not allow large changes nor ones outside the site. Within the provisions of the LDO, Butlin's could, for example, make small extensions to existing buildings, install solar panels, put up temporary kiosks and huts within its grounds, and in a certain area in the centre of the site could put up its fun fair equipment to a set height restriction.

To ensure that the LDO is properly monitored the following measures apply:

Prior to the LDO coming into force Butlins have prepared a photographic site survey to baseline to allow the Council to monitor the Order. The photographic survey can be viewed on arrangement. Please contact: planning@arun.gov.uk
28 days prior to any construction taking place Butlin’s will notify the District Council, Felpham Parish Council and Bognor Regis Town Council describing the development to take place, and how the development complies with the LDO rights.
The District Council will maintain a record of these notifications for public inspection at Bognor Regis Town Hall and at the Arun Civic Centre.
An annual report shall be made to the April Development Control Committee detailing the development that has taken place.
The Local Development Order will be restricted to a period of three years after which time the Development Control Committee can decide to continue or end the LDO.

Documents

1 Draft Butlins Local Development Order.pdf [pdf] 42KB

2 Statement of Reasons.pdf [pdf] 62KB

3 Statement of Reasons Appendix A.pdf [pdf] 43KB

4 Statement of Reasons Appendix B.pdf [pdf] 121KB

5 Letter to the Secretary of State.pdf [pdf] 42KB

6 Response from Secretary of State.pdf [pdf] 83KB

Enterprise Bognor Regis Local Development Order

The Council has agreed to the preparation of a Local Development Order for Enterprise Bognor Regis (EBR LDO).

The EBR LDO is 22.9 hectares in area on three sites adjoining the A29 road to the north of Bognor Regis: Salt Box, Rowan Park, and Oldlands Farm.

The EBR LDO would create a “permitted development” planning environment for proposals in the following land uses: office, light industry and research and development (Use Class B1), general industry (Use Class B2) and storage and distribution uses (Use Class B8). An element of complementary uses for Retail and Services (Class A), Assembly and Leisure (Class D2) is permitted to support the principal employment uses and create and sustain an attractive location for business. The scale and location of these complementary uses are restricted, to ensure that other policies in the Arun Local Plan, notably for retail and town centre regeneration, are not compromised.

It will enable developers, investors and businesses to benefit from a simplified planning process. The aim being to enable job growth, improve economic activity, facilitate business success and contribute to regeneration aims in Arun.

This would help to meet the aims and objectives set out in the Arun Economic Strategy and Arun Local Plan. It would help meet the ambitions to provide a sub-regional economic growth point, as set out in the Coast to Capital LEP Strategic Economic Plan and the Local Strategic Statement for Coastal West Sussex and Greater Brighton.

Update

The EBR LDO was subject to statutory consultation in the period 23^rd July 2015 to 10^th September 2015. The results of the consultation and recommendations to progress the EBR LDO were considered by the Council on 11^th November 2015. Council agreed that the EBR LDO be “made” once a number of outstanding technical matters have been resolved, principally to do with transport matters.

The Development Control Committee Report and Recommendations to Council, together with the Consultation Report and proposed amendments to the EBR LDO can be found in the Development Control Committee - 21st October 2015 Decision Paper. The EBR LDO documents and supporting evidence studies published at the statutory consultation stage can be viewed in the Documents section below

Documents

Enterprise Bognor Regis Draft Local Development Order.pdf [pdf] 6MB

Environmental Impact Assessment - Screening Opinion - Proposed LDO for Bognor Regis [pdf] 122KB

Statutory Notice [pdf] 112KB

EBR LDO Response Form [pdf] 264KB

EBR LDO Response Form [docx] 68KB

Supporting evidence studies:

Community Right to Build Orders (CRTBOs)

A Community Right to Build Order is a type of neighbourhood development order and forms one of the neighbourhood planning tools introduced through the Localism Act 2011. It can be used to grant outline or full permission for specific development that complies with the order.

A Community Right to Build Order is put together by local people who can decide on the type, quantity and design of buildings they want, and in the locations they want them. Once an order has been drawn up with the involvement of local people, it is publicised and consulted on before being submitted to your local planning authority, who arrange for an independent examiner to test whether it meets the legal tests. If more than 50% who vote in a referendum vote in favour of the Community Right to Build Order (CRTBO), it will be ‘made’ and planning permission is granted.

Crucially through this process communities give permission rather than in the traditional situation where it is granted by the local authority.

Under Schedule 11 of the Neighbourhood Planning Regulations relating to Community Right to Build Orders, Part 6 relating to European obligations relating to the environment, requires that a local planning authority must decline to consider a proposal for a community right to build order if they consider that:

(a) the specified development falls within Annex 2 to the EIA directive and is likely to have significant effects on the environment by virtue of factors such as its nature, size or location, or
(b) the specified development is likely to have significant effects on a qualifying European site (whether alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of that site.

At present only one organisation, Ferring Parish has used this route and have designated three Community Right to Build Orders for Land behind Henty Arms, Ferring Village Hall and Ferring Community Centre. All documents related to their progression given to or produced by the Council are presented in the table below.

Ferring Community Right to Build Orders
Statutory Sections of the Neighbourhood Planning Regulations	Document Attachments and Links
Reg. 21 - Pre-submission consultation and publicity Consultation Dates: 18th February 2014 - 1st April 2014	Ferring Parish Council Community Right to Build Order 1 Land behind the Henty Arms.pdf [pdf] 3MB Ferring Parish Council Community Right to Build Order 2 Village Hall.pdf [pdf] 5MB Ferring Parish Council Community Right to Build Order 3 Community Centre.pdf [pdf] 3MB
Reg. 22 & 23 - Order proposals and publicising an order proposal Consultation Dates: 14th May 2014 - 25th June 2014	Ferring CRTBO 1 The Henty Arms Housing.pdf [pdf] 4MB Ferring CRTBO 2 Village Hall Housing.pdf [pdf] 5MB Ferring CRTBO 3 Ferring Community Centre.pdf [pdf] 3MB
Reg. 25 - Publication of Examiner’s report	Ferring CRTBO Examiner Report.pdf [pdf] 178KB Ferring CRTBO representation summary.pdf [pdf] 110KB ADC Comments Ferring CRTBO no.1 Land at the Henty Arms.pdf [pdf] 108KB ADC Comments Ferring CRTBO no.2 Land at the Community Hall.pdf [pdf] 109KB ADC Comments Ferring CRTBO no.3 New Community Centre.pdf [pdf] 111KB
Reg. 26 - Order proposal decisions	Decision statement- Ferring CRTBO 1.pdf [pdf] 147KB Decision statement- Ferring CRTBO 2.pdf [pdf] 140KB Decision statement- Ferring CRTBO 3.pdf [pdf] 145KB
Reg. 27 - Publicising a Neighbourhood Development Order or a Community right to build order (‘made’ plans)	Reg.27 Ferring CRTBO no 1 publicising.pdf [pdf] 125KB Post Examination Document Ferring CRTBO1 Revised October 2014.pdf [pdf] 4MB Reg.27 Ferring CRTBO no 2 publicising.pdf [pdf] 125KB Post Examination Document Ferring CRBTO2 Revised October 2014.pdf [pdf] 5MB Reg.27 Ferring CRTBO no 3 publicising.pdf [pdf] 125KB Post Examination Document Ferring CRTBO3 Revised October 2014.pdf [pdf] 3MB
Referendums Referendum held on 10th December 2014 More information can be found on the Neighbourhood Plan Referendums page.	Ferring CRTBO 1 - Declaration of Result.pdf [pdf] 19KB Ferring CRTBO 2 - Declaration of Result.pdf [pdf] 19KB Ferring CRTBO 3 - Declaration of Result.pdf [pdf] 19KB

As such the table below is the publication of the determinations against both of the parts above in respect to each of the Community Right to Build Orders received.

CRTBO Decisions
CRTBO Name	Part A (EIA) Determinations	Part B (Habitats) Determinations
Community Centre	Ferring - Community Centre (EIA).pdf [pdf] 20KB	Ferring - Community Centre (HRA).pdf [pdf] 15KB
Henty Arms	Ferring - Land behind Henty Arms (EIA).pdf [pdf] 20KB	Ferring - Rear of Henty Arms (HRA).pdf [pdf] 15KB
Village Hall	Ferring - Village Hall (EIA).pdf [pdf] 20KB	Ferring - Village Hall (HRA).pdf [pdf] 15KB