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 and 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 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
Following Full Council on 14 September 2016 Arun District Councillors agreed a Local Development Order 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 5pm 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:
- Arun FINAL Horticultural Local Development Order [pdf] 6MB
- Habitats Regulations Assessment Screening Report [pdf] 4MB
- Draft Local Development Order Horticulture List of Responses [docx] 18KB
- Draft Local Development Order Horticulture - Summary of Responses PD3 [docx] 53KB
Individual Public / Statutory Responses:
- Land off Lake Lane Barnham - redacted [pdf] 8MB
- Land off Pagham Road South [pdf] 1000KB
- Land at Hangleton - redacted [pdf] 97KB
- The Vinery - redacted [pdf] 379KB
- Mixture of Villages - redacted [pdf] 11MB
- Statutory Consultees - redacted [pdf] 3MB
Report to Development Control Committee 13 July 2016:
Historic Documents:
- Arun DRAFT Horticultural Local Development Order [pdf] 6MB
- Public Notice [docx] 36KB
- Horticulture LDO Response Form [docx] 68KB
Butlins and the University of Chichester Local Development Order
A Local Development Order provides limited permitted development rights for small-scale development. Two new LDOs have been adopted which cover the Butlins complex in Bognor Regis and the University of Chichester Site in Bognor Regis. This permits them to undertake certain works on site, within the boundary identified on the plan, without the need for a planning application, as long as the development complies with that contained with the Order and accords with relevant conditions/informatives.
The LDOs were consulted on the summer of 2023 and were adopted at Full Council on 10 January 2024.
The adopted LDOs can viewed below
U of C LDO document v3 [docx] 381KB
Butlins LDO document v3 [docx] 545KB
Expired and Draft LDO documents
Statement of Reasons 2019
Appendix A - Local Development Order
Appendix B - map of Butlins, Bognor Regis Local Development Order
Butlins committee report [pdf] 197KB
Butlins LDO including order, statement of reasons and map[docx] 545KB
The University of Chichester committee report [pdf] 200KB
The University of Chichester LDO including order, statement of reasons and map [docx] 381KB
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 July 2015 to 10 September 2015. The results of the consultation and recommendations to progress the EBR LDO were considered by the council on 11 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] 6MB
Environmental Impact Assessment - Screening Opinion - Proposed LDO for Bognor Regis [pdf] 122KB
EBR LDO Response Form [pdf] 264KB
EBR LDO Response Form [docx] 68KB
Supporting evidence studies:
- Environmental Baseline [pdf] 8MB
- Transport Assessment [pdf] 32MB
- Transport Assessment - Road Safety Audit.pdf [pdf] 624KB
- Transport Assessment - Framework Travel Plan.pdf [pdf] 950KB
- Flood Risk Assessment [pdf] 45MB
- Landscape and visual effects [pdf] 3MB
- Environmental Noise Impact Assessment [pdf] 712KB
- Arboreal tree assessment [pdf] 2MB
- Heritage assessment [pdf] 10MB
- Ecological Appraisals [pdf] 2MB
- Utilities Report [pdf] 1MB
- Utilities Appendix Maps [pdf] 3MB
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.
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.
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 Name | Part A (EIA) Determinations | Part B (Habitats) Determinations |
|---|---|---|
| Community Centre | Ferring - Community Centre (EIA) [pdf] 20KB | Ferring - Community Centre (HRA) [pdf] 15KB |
| Henty Arms | Ferring - Land behind Henty Arms (EIA) [pdf] 20KB | Ferring - Rear of Henty Arms (HRA) [pdf] 15KB |
| Village Hall | Ferring - Village Hall (EIA) [pdf] 20KB | Ferring - Village Hall (HRA) [pdf] 15KB |