Developing a memorandum of understanding

Developing a memorandum of understanding

This guidance explains how neighbourhood planners can develop and use a memorandum of understanding.
This guidance covers:

the purpose and benefits of a memorandum of understanding

the different types of a memorandum of understanding and how to prepare them, including the typical steps to take

how to discuss a memorandum of understanding

the guiding principles for information sharing and relationship building

the range of clauses to consider when drafting a memorandum of understanding

It also sets out a template that can be used when drafting a memorandum of understanding.

We are currently updating our guidance and toolkits. This toolkit is provided for reference but has not yet been updated to reflect recent changes to planning policy. It remains useful as background information, but regularly check the neighbourhood planning page for updates to neighbourhood planning policy and guidance.

## Developing a memorandum of understanding
Section 1: Clauses relating to the working relationship with the LPA and general sharing of information. Model Clauses Partnership/Co - operation principles [X] (QB) and [X] (LPA) across all its departments seek an open and constructive relationship in relation to both strategic and neighbourhood planning issues. This is expected to lead to regular and informed contact on matters of relevance to neighbourhood planning. An open and constructive working relationship, working together at all levels, both on policy and practical issues of importance. Differences of opinion or understanding will be acknowledged at an early stage and sufficient contact time allowed for those differences to be worked through, understood and wherever possible resolved. where different, ensure proper understanding of the reasons for such differences. All parties subject to this agreement will operate other in advance, wherever possible, of changes in relevant priorities/thinking and/or policy proposals and/or public announcements relevant to the neighbou rhood planning in the area. each other in advance, wherever possible, of significant public announcements, changes in priorities/thinking and/or policy proposals. The LPA (See 2b below) will facilitate contact between appropriate lead officers at the LPA and a named person(s) within the QB by providing up to date names of lead officers, introductions where possible and inform the QB of any changes in lead names. The QB will also inform lead officers of any changes from within its lead person(s). Good access to appropriate leads in the QB and the LPA and others at County, borough and Metropolitan levels where appropriate in relation to Neighbourhood planning. New ideas with spatial implications generated by the parties identified in 1d above will be shared and explored at the earliest opportunity without prejudice to each party in the spirit of receiving constructive feedback. Early sharing of new spatial ideas generated by the QB, LPA, landowners or developers. Where timely and appropriate, budget pooling will be encouraged in order to jointly develop, commission and manage research briefs for independent research and for the parties to share the results of such in full, with the understanding that different uses and conclusions may be reached by the joint partners from the evidence presented. The commissioning and sharing of joint research wherever possible. A programme of activities relevant to neighbourhood planning will be regularly exchanged, not less than twice a year so that all parties to this agreement have a broad understanding of the spatial policy and planning issues being explored at both local and neighbourhood planning levels. Minimising duplication of activity wherever possible. To make this MOU public and to invite comment on a draft from key parties agreed with [X] (LPA). Informing other stakeholders about the understandings here so as to reduce uncertainty Clarity on the consultative body status of a forum with regard to high level strategic issues & policies on top of their existing right to be notified of planning applications that may affect the planning framework for any part of the agreed NP area (e.g. Regeneration/ Business Improvement, Opportunity Area designations). [X] (LPA) undertakes to treat the [X] (QB) as a formal consultee, if requested, by the Neighbourhood Forum with regard to planning applications, area initiatives [X] (name) and strategic policy proposals. Section 2: Clauses relating to a Model Clauses Support Principles: The model clauses below assumes that the neighbourhood area and forum (if there is no parish council) will have been designated prior to this agreement being put in place (see The level and type of support a council will provide under its duty to advise and assist. As a minimum [X] (LPA) will meet its statutory duty to [X] (QB) as defined by Para 3 of Schedule 4B of the Town and Country Planning Act 1990. This will include, but is not limited to: Provision of details and electronic copies and reasonable explanation of existing and emerging local planning policy Providing electronic copies of any existing relevant evidence base Providing copies of Ordnance Survey maps to an appropriate scale Providing advice on the regulations and legislation Advise what needs to be produced in order to comply with EU obligations Appropriate Officer attendance at a workshop to brief the QB on the local plan context, stage and direction Providing a screening opinion process in place in relation to the Strategic Environmental Assessment at the earliest opportunity after a full draft plan is developed and advise on a Scoping Report where required Providing links to useful guidance, websites, published research studies, support bodies and networks Advising on necessary consultees for Strategic Environmental Assessment (SEA) and other purposes Providing timely advice to ensure the draft plan or order complies with the Equality Act 2010 Ear l y comment on a full draft plan prior to the QB consulting locally at (Regulation 14) stage. Confirm that the draft plan meets the criteria in the Localism Act (Regulation 150 [X] weeks [insert number] following submission to the LPA Publicise the submission plan and other relevant documentation (Regulation 16) within [X] weeks of receiving the submission documents which meet the criteria and pass on representations to the Independent Examiner within [X] weeks of the close of the consultation period (Regulation 17); Identify up to three potential examiners and appoint one of these in agreement with the QB Undertake final checks of the plan for legal compliance Supply a Programme Officer for Examination Submit the draft plan and supporting documents to the Independent Examiner (Regulation 17) within [X] weeks of close of pre - submission publicity period Consideration of the recommendations in the , that the draft meets the basic con ditions and publication of a [X] weeks following the receipt of the inspectors report. Make arrangements, including the setting of a date for the holding of the referendum within [X] days of the publication of the decision statement including naming a Project Officer for electoral services Verify the selection of the electoral base with the QB Making of the plan (Regulation 19/20) at the first available meeting of cabinet/planning committee/council (delete as applicable) following a positive referendum vote. Minimum frequency of expected contact, name of lead officer(s) and response times. The lead officer for the [X] (QB) will be (insert name and contact details). This officer will endeavour to keep in regular contact, this being not less than (insert frequency). Direct requests for information and/or advice shall be responded to within [X] working days. Support/ Servicing of a network/ training meetings for all neighbourhood planning groups the [X] (LPA) area. [X] (LPA) shall initiate and service a support network for all neighbourhood planning groups in their area to which the [X] (QB) shall be invited and which shall meet not less than [X] times a year. Whether all QB meetings will be open to LPA Support Officers. Full meetings of the [X] (QB) will normally be open to [X] (LPA) Lead Officer, and Local Councillors as de - facto members, notwithstanding the right of the QB to sometimes meet without those parties being present. An understanding that the LPA will involve the QB in the monitoring and implementation of the neighbourhood plan after it is made. [X] LPA will initiate and service an annual monitoring meeting with the QB to review progress in meeting the policies of the made neighbourhood plan and also respond to enquiries from the [X] (QB) within [X] working days in relation to progress. Additional named services. In addition to the above, where resources permit, [X] (LPA) will provide practical assistance with regards to: (insert list for example this might cover secondment of staff to the QB, informal comment on an early draft of a plan etc.) commitment to engage with the wider community and specific stakeholder groups and co - operation between neighbouring QBs and/or communities. Model Clauses Key Principles: Early, consistent and staged engagement to an agreed programme. At an early stage in its work, [X] (QB) will develop and share the programme for its forward activities summarising how local people, businesses and organisations will be engaged with and can get involved. Appropriate techniques to reach the widest audience. [X] (QB) undertakes to use a wide range of engagement and communications channels and techniques to listen to and hear from all sections of the community throughout the neighbourhood planning process. Inclusive, open and inter - active public meetings and workshops. [X] open to all members of the community, notwithstanding our need to limit numbers for the smaller meetings and organise a booking system. Ongoing feedback to a wide section of the community. [X] (QB) will feedback regularly to project members/supporters it has contact details for and the wider community on a regular basis to explain what it has found out and how it is being interpreted and used. Regular and meaningful liaison, engagement and formal consultation with key organisations, institutions, statutory interests and businesses based in or active in the neighbourhood. The following organisations, whether formally are recognised as playing an important role in the community and [X] (QB) aims to have regular and meaningful liaison and engagement with them. This includes, but not limited to, the following organisations: (List organisations here) An understanding that neighbouring QBs will be welcome to send observers to meetings and vice versa. Full meetings of the [X] (QB) will normally be open to 1 representative from neighbouring QBs, notwithstanding the right of the QB to sometimes meet without the other parties being present. Such parties will have speaking rights v ote. - operation which are considered shared even though they may be wholly in one neighbourhood plan designated area. Specific areas subject to other regeneration or policy initiatives or that are shared public spaces relevant to one or more neighbourhood planning - operation agreement. This shall in clude: (e.g. name of park, sites or areas) Active use of joint planning, public events, and agreed arrangements for convening, running, recording and reporting on planning activities for the cooperation zone. In the Co - operation Zone a joint planning group shall be convened by the QB for the organising, running, recording and reporting of engagement and consultation activity. The proper monitoring of co - operation zones activity and effectiveness by any QB with a co - operation zone. The QB shall regularly monitor and report on the activity and the effectiveness of activity within a Co - operation zone to [X] (LPA) and other relevant parties. Section 4: Understandings relating to the boundary with and influence over strategic development sites, routes to planning permission and who votes in a neighbourhood plan referendum. Model Clauses Key Principles: Sites (as identified in Local Plan) within or immediately adjacent to the neighbourhood plan boundary will be dealt with by the site promoters, LPA and QB. [X] undertaking in the plans for any strategic sites (name the sites here) except through the normal dedicated pre - application consultation to be carried out by the site promoters or [X] LPA (see also 7). [X] (LPA) as the Local Planning Authority commits to encourage the promoters of strategic sites to have particular regard for and make every effort to reach agreement with the [X] (QB) with regard to matters fundamental to the to the public realm, design and sustainability standards covering, but not limited to: Crossing points across and landscaping along [X] (name roads) which are shared with the strategic site in question Green infrastructure, cycle and pedestrian routes, street furniture & signage relevant to both the strategic development and wider neighbourhood The location and type of any community infrastructure, whether within the strategic site or wider neighbourhood area, likely to be available to both new and existing residents alike Public access into and across any new open spaces in the strategic sites likely to be available to both new and existing residents alike Providing early Information to a local planning authority about a Neighbourhood Development Order(s) or Community Right to Build Order(s). Where a neighbourhood development order is to be used as the preferred route to planning, [X] (LPA) will be informed by the QB, such information to include the timing, expected level of detail, parties involved and location(s). In return [X] LPA will advise the QB and other parties involved how reserve matters will be dealt with. Understanding on the circumstances in which a local planning authority may urge an Examiner to include additional neighbouring areas for voting purposes in the neighbourhood plan referendum. Prior to regulation 14 stage [X] LPA will discuss with the [X] (QB) plan requires businesses and/or residents vote and is so which additional streets shall be included. Section 5: Clauses relating to a QBs influence over Model Clauses Community Infrastructure (CiL) 18 receipts both inside and adjacent to the boundary and community asset development and transfer. Model Clauses Key principles: An understanding with regard to any CIL receipts due to the development sites immediately adjacent to the area. This is referred to in this MoU as the for a wide range of purposes. Arrangements for the joint agreement of CiL spend for community infrastructure purposes . [X] LPA shall have regard to proposed public CIL Regulat ion 123 list consisting of priorities for future community infrastructure and reach agreement with the Forum fo r the timely allocation of the CIL neighbourhood pot in the Annual Monitoring Meeting . Any immediate adjacent strategic site(s) excluded from the designated area shall be treated for CIL neighbourhood pot calculation purposes in relation to the proportion of the site(s) perimeter length abutting the neighbourhood area dividing by the total perimeter area of the site(s) to calculate the contribution as a fraction of the 25% applicable to the QB once the plan is made. [X] (QB) agree with [X] (LPA), the following arrangement for the direction of CIL spend priorities within the neighbourhood plan area (refer to a separate document and/or summarise here) Clarity on whether site promoters, either will provide a level of financial contribution to the QB for the purposes of neighbourhood planning without the QB being perceived as compromised by said contributions. [X] (QB) shall accept financial or pro - bono support from developers, land - owners either directly or via CIL providing, in the opinion of the elected QB, it is not perceived to be, or in practice is, compromised by said contributions; Larger sums over ?5k, not including research support, will be discussed at full QB meetings and voted upon. Arrangements for strengthening arrangements for community assets, including asset transfer to a suitable community organisation. [ X] (QB) shall, with the support of [X] (LPA), identify suitable building for any Community Asset Register and facilitate the transfer of such assets to a suitable community organisation where an appropriate business case is made . Section 6: Clauses relating to determination of the neighbourhood area where the MOU is being drawn up at this early stage. Model Clauses Key Principles: Commitment to achieve area and forum designation as quickly as possible. [X] (LPA) will share with prospective neighbourhood forums at the earliest stage their expected process for receiving applications. Where there is clarity that there is only one Forum for a given area, the LPA will accept and consult upon, at the same time, a combined application for both area and forum designation. An understanding for QB to share boundary proposals, evidence & justification at an early stage with neighbouring bodies, before QB designation is sought. [X] (QB) understands that neighbourhood area boundaries in urban areas are sensitive matters and will consult on the evidence and preferred route of a boundary widely and in particularly with bodies representing communities on the other side of a proposed boun dary. The neighbourhood proportion of CiL is paid directly to a Parish or Town Council by their LPA. If the arrangements for transferring this money is not specified in the Memora ndum of Understanding (MOU). In the case of Neighbourhood Forums, the neighbourhood portion of CiL is held by their LPA and the Forum and LPA are required to agree on how best the neighbourhood portion is spent, including when and on what it is spent within the neighbourhood. If the a Charging policy or other document, then the matter could be agreed via the MOU. Many neighbourhood planning groups identify a list of community infrastructure improvements that are important to them. This list is sometimes referred to as the list i s not a formal part of a neighbourhood planning referendum, the spend list is often publically identified in neighbourhood plan referendum versions. A MOU clause relating to the community proportion of CiL spend should therefore refer to the priorities ide ntified by a Neighbourhood Forum or Parish Council (see section 5a).