Neighbourhood Planning Bill (HC Bill 61)

Part 1 Planning

Neighbourhood planning

1 Duty to have regard to post-examination neighbourhood development plan

(1) 5Section 70 of the Town and Country Planning Act 1990 (determination of
applications for planning permission: general considerations) is amended as
follows.

(2) In subsection (2) (matters to which local planning authority must have regard
in dealing with applications) after paragraph (a) insert—

“(aza) 10a post-examination draft neighbourhood development plan, so
far as material to the application,”.”

(3) Before subsection (4) insert—

“(3B) For the purposes of subsection (2)(aza) a draft neighbourhood
development plan is a “post-examination draft neighbourhood
15development plan” if—

(a) a local planning authority have made a decision under
paragraph 12(4) of Schedule 4B with the effect that a
referendum or referendums are to be held on the draft plan
under that Schedule, or

(b) 20the Secretary of State has directed under paragraph 13B(2)(a) of
that Schedule that a referendum or referendums are to be held
on the draft plan under that Schedule.

(3C) The references in subsection (3B) to Schedule 4B are to that Schedule as
applied to neighbourhood development plans by section 38A(3) of the
Planning and Compulsory Purchase Act 2004.””

2 Status of approved neighbourhood development plan

5In section 38 of the Planning and Compulsory Purchase Act 2004 (development
plan) after subsection (3) insert—

“(3A) For the purposes of any area in England (but subject to subsection (3B))
a neighbourhood development plan which relates to that area also
forms part of the development plan for that area if—

(a) 10section 38A(4)(a) (approval by referendum) applies in relation
to the neighbourhood development plan, but

(b) the local planning authority to whom the proposal for the
making of the plan has been made have not made the plan.

(3B) The neighbourhood development plan ceases to form part of the
15development plan if the local planning authority decide under section
38A(6) not to make the plan.””

3 Modification of neighbourhood development order or plan

(1) Section 61M of the Town and Country Planning Act 1990 (revocation or
modification of neighbourhood development orders) is amended in
20accordance with subsections (2) and (3).

(2) After subsection (4) insert—

“(4A) A local planning authority may at any time by order modify a
neighbourhood development order they have made if they consider
that the modification does not materially affect any planning
25permission granted by the order.””

(3) In subsection (5)—

(a) for “that order” substitute “the neighbourhood development order
mentioned in subsection (4) or (4A)”, and

(b) after “(4)” insert “or (4A)”.

(4) 30The Planning and Compulsory Purchase Act 2004 is amended in accordance
with subsections (5) to (10).

(5) In section 38A (meaning of “neighbourhood development plan”) after
subsection (11) insert—

“(11A) Subsection (11) is subject to Schedule A2, which makes provision for
35the modification of a neighbourhood development plan.””

(6) Section 38C (neighbourhood development plans: supplementary provisions) is
amended in accordance with subsections (7) to (9).

(7) After subsection (2) insert—

“(2A) Section 61F of the principal Act is to apply in accordance with
40subsection (2) of this section as if—

(a) subsections (8)(a) and (8B) also referred to a proposal for the
modification of a neighbourhood development plan,

(b) subsection (13)(b) also referred to a proposal for the
modification of a neighbourhood development plan made by a
neighbourhood forum, and

(c) subsection (13)(c) also referred to any duty of a local planning
5authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.””

(8) In subsection (3)—

(a) the words from “the words” to the end of the subsection become
paragraph (a), and

(b) at the end of that paragraph insert “, and

(b) 10the reference in subsection (4A) to a modification
materially affecting any planning permission granted
by the order were to a modification materially affecting
the policies in the plan.””

(9) In subsection (6)—

(a) 15the words from “on proposals” to the end of the subsection become
paragraph (a), and

(b) at the end of that paragraph insert “, or

(b) on proposals for the modification of neighbourhood
development plans, or on modifications of
20neighbourhood development plans, that have already
been made.””

(10) After Schedule A1 insert the Schedule A2 set out in Schedule 1 to this Act.

4 Changes to neighbourhood areas etc

(1) The Town and Country Planning Act 1990 is amended in accordance with
25subsections (2) to (4).

(2) In section 61F (authorisation to act in relation to neighbourhood areas) after
subsection (8) insert—

“(8A) A designation ceases to have effect if—

(a) a new parish council is created or there is a change in the area of
30a parish council, and

(b) as a result, the neighbourhood area for which the
neighbourhood forum is designated consists of or includes the
whole or any part of the area of the parish council.

(8B) The operation of subsection (8A) does not affect the validity of any
35proposal for a neighbourhood development order made before the
event mentioned in paragraph (a) of that subsection took place.””

(3) In section 61G (meaning of “neighbourhood area”) after subsection (6) insert—

“(6A) The power in subsection (6) to modify designations already made
includes power—

(a) 40to change the boundary of an existing neighbourhood area,

(b) to replace an existing neighbourhood area with two or more
separate neighbourhood areas, and

(c) to replace two or more existing neighbourhood areas with a
single neighbourhood area.

(6B) A neighbourhood area created by virtue of subsection (6A)(b) may
have the boundary created by splitting it from the existing area or a
different boundary.

(6C) A neighbourhood area created by virtue of subsection (6A)(c) may have
5the boundary created by combining the existing areas or a different
boundary.

(6D) A modification under subsection (6) of a designation already made
does not affect the continuation in force of a neighbourhood
development order even though as a result of the modification—

(a) 10it no longer relates to a neighbourhood area, or

(b) it relates to more than one neighbourhood area.””

(4) In section 61J (provision that may be made by neighbourhood development
order) after subsection (5) insert—

“(5A) Subsection (5) is subject to section 61G(6D) (effect of modification of
15existing neighbourhood area).””

(5) The Planning and Compulsory Purchase Act 2004 is amended in accordance
with subsections (6) to (8).

(6) In section 38A (meaning of “neighbourhood development plan”) after
subsection (11A) (as inserted by section 3) insert—

“(11B) 20Subsection (11C) applies if, as a result of a modification of a
neighbourhood area under section 61G(6) of the principal Act, a
neighbourhood development plan relates to more than one
neighbourhood area.

(11C) The replacement of the plan by a new plan in relation to one or some of
25those areas does not affect the continuation in force of the plan in
relation to the other area or areas.””

(7) In section 38B (provision that may be made by neighbourhood development
plans) after subsection (2) insert—

“(2A) Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal
30Act (as applied by section 38C(5A) of this Act).””

(8) In section 38C (supplementary provisions) after subsection (5) insert—

“(5A) Section 61G(6D) of the principal Act is to apply in relation to
neighbourhood development plans as if it also provided that a
modification under section 61G(6) of that Act of a designation of a
35neighbourhood area does not affect the continuation in force of a
neighbourhood development plan even though, as a result of the
modification, more than one plan has effect for the same area.””

5 Assistance in connection with neighbourhood planning

(1) Section 18 of the Planning and Compulsory Purchase Act 2004 (statement of
40community involvement) is amended as follows.

(2) At the beginning of subsection (2A) insert “Subject to subsection (2B),”.

(3) After subsection (2A) insert—

“(2B) A statement of community involvement must set out the local planning
authority’s policies for giving advice or assistance under—

(a) paragraph 3 of Schedule 4B to the principal Act (advice or
5assistance on proposals for making of neighbourhood
development orders), and

(b) paragraph 3 of Schedule A2 to this Act (advice or assistance on
proposals for modification of neighbourhood development
plans).

(2C) 10The reference in subsection (2B)(a) to Schedule 4B to the principal Act
includes that Schedule as applied by section 38A(3) of this Act (process
for making neighbourhood development plans).

(2D) Subsection (2B) applies regardless of whether, at any given time—

(a) an area within the area of the authority has been designated as
15a neighbourhood area, or

(b) there is a qualifying body which is entitled to submit proposals
to the authority for the making by the authority of a
neighbourhood development order or a neighbourhood
development plan.””

6 20Further provision about statement of community involvement

(1) Section 18 of the Planning and Compulsory Purchase Act 2004 (statement of
community involvement) is amended as follows.

(2) In subsection (2) after “sections” insert “13, 15,”.

(3) After subsection (3A) insert—

“(3B) 25The Secretary of State may by regulations make provision requiring a
local planning authority to review their statement of community
involvement at such times as may be prescribed.

(3C) If regulations under subsection (3B) require a local planning authority
to review their statement of community involvement—

(a) 30they must consider whether to revise their statement following
each review, and

(b) if they decide not to do so, they must publish their reasons for
considering that no revisions are necessary.””

Planning conditions

7 35Restrictions on power to impose planning conditions

(1) After section 100 of the Town and Country Planning Act 1990 insert—

““Power to impose conditions on grant of planning permission in England

100ZA Restrictions on power to impose planning conditions in England

(1) The Secretary of State may by regulations provide that—

(a) conditions of a prescribed description may not be imposed in
any circumstances on a grant of planning permission for the
development of land in England,

(b) conditions of a prescribed description may be imposed on any
5such grant only in circumstances of a prescribed description, or

(c) no conditions may be imposed on any such grant in
circumstances of a prescribed description.

(2) Regulations under subsection (1) may make provision only if (and in so
far as) the Secretary of State is satisfied that the provision is appropriate
10for the purposes of ensuring that any condition imposed on a grant of
planning permission for the development of land in England is—

(a) necessary to make the development acceptable in planning
terms,

(b) relevant to the development and to planning considerations
15generally,

(c) sufficiently precise to make it capable of being complied with
and enforced, and

(d) reasonable in all other respects.

(3) Before making regulations under subsection (1) the Secretary of State
20must carry out a public consultation.

(4) Subsection (5) applies in relation to an application for a grant of
planning permission for the development of land in England.

(5) Planning permission for the development of the land may not be
granted subject to a pre-commencement condition without the written
25agreement of the applicant to the terms of the condition.

(6) But the requirement under subsection (5) for the applicant to agree to
the terms of a pre-commencement condition does not apply in such
circumstances as may be prescribed.

(7) “Pre-commencement condition” means a condition imposed on a grant
30of planning permission (other than a grant of outline planning
permission within the meaning of section 92) which must be complied
with—

(a) before any building or other operation comprised in the
development is begun, or

(b) 35where the development consists of a material change in the use
of any buildings or other land, before the change of use is
begun.

(8) A power conferred by, or by virtue of, any provision of this Part to
impose a condition on a grant of planning permission for the
40development of land in England is subject to—

(a) regulations under subsection (1), and

(b) in the case of a grant made in response to an application,
subsection (5).

(9) In this section—

(a) 45references to a grant of planning permission are to any grant of
permission under this Part (including where the permission is
granted by an order made under this Part);

(b) references to a grant include the modification of any such grant;

(c) references to a condition include a limitation,

and “prescribed” means prescribed by the Secretary of State.””

(2) Section 100ZA of the Town and Country Planning Act 1990 (as inserted by
subsection (1) of this section) has effect in relation to conditions on a grant or
5modification of planning permission only if the permission is granted or
modified on or after the coming into force of this section.

(3) Schedule 2 contains amendments in consequence of subsection (1).

Planning register

8 Register of planning applications etc

10After section 69 of the Town and Country Planning Act 1990 insert—

“69A The register: additional requirements in relation to England

(1) A register kept under section 69 by a local planning authority in
England must (in addition to the information prescribed under that
section) also contain such information as is prescribed as to—

(a) 15prior approval applications made in connection with planning
permission granted by a development order;

(b) the manner in which such applications have been dealt with by
the authority;

(c) notifications of proposed development made in connection
20with planning permission granted by a development order;

(d) any actions taken by the authority following such notifications.

(2) A “prior approval application”, in connection with planning
permission granted by a development order, means an application
made to a local planning authority for—

(a) 25any approval of the authority required under the order, or

(b) a determination from the authority as to whether such approval
is required.

(3) A “notification of proposed development”, in connection with planning
permission granted by a development order, means a notification made
30to a local planning authority to meet a requirement under the order.

(4) The power in subsection (1)(b) to prescribe information as to the
manner in which applications have been dealt with by a local planning
authority includes power to prescribe information as to cases where the
authority does not respond to an application.

(5) 35Where the register is kept in two or more parts, each part must contain
such information as is prescribed relating to the matters mentioned in
subsection (1)(a) and (c).

(6) A development order may also make provision—

(a) for a specified part of the register to contain copies of
40applications or notifications and of any documents or material
submitted with them;

(b) for the entry relating to an application (and everything relating
to it) to be removed from that part of the register when the

application (including any appeal arising out of it) has been
finally disposed of;

(c) for the entry relating to a notification (and everything relating
to it) to be removed from that part of the register in such
5circumstances as may be prescribed.

(7) Provision under subsection (6)(b) or (c) does not prevent the inclusion
of a different entry relating to the application or notification in another
part of the register.

(8) Anything prescribed under this section must be prescribed by
10development order.””

Part 2 Compulsory purchase etc

CHAPTER 1 Temporary possession of land

9 Power to take temporary possession of land

(1) 15Subsection (2) applies where—

(a) a person (an “acquiring authority”) intends to acquire land (the
“relevant land”) for the purposes of a scheme, and

(b) the acquiring authority could be authorised to acquire the land
compulsorily.

(2) 20The acquiring authority may take temporary possession of land compulsorily
for purposes connected with the purposes of the scheme if the authority is
authorised to do so in accordance with section 10.

(3) Subject to any express provision in another enactment, the power in subsection
(2) is the only power under which a person may take temporary possession of
25land compulsorily.

(4) A person who—

(a) acquires or intends to acquire land for the purposes of a scheme, and

(b) could have been or be authorised to acquire the land compulsorily,

may take temporary possession of land by agreement for purposes connected
30with the purposes of the scheme.

(5) For the purposes of this Chapter references to acquiring land include
references to acquiring a right over land by creation.

(6) In this section “enactment” does not include subordinate legislation.

10 Procedure for authorising temporary possession etc

(1) 35This section sets out how an acquiring authority may be authorised to take
temporary possession of land compulsorily under section 9(2).

(2) The temporary possession must be authorised by the same type of instrument
(the “authorising instrument”) as is or would be required for the compulsory

acquisition of land for the purposes of the scheme mentioned in that section
(for example a compulsory purchase order).

(3) Accordingly, the authorising instrument—

(a) may make provision relating to temporary possession as well as, or
5instead of, compulsory acquisition, and

(b) if it does so, is to be subject to the same procedures for authorising and
challenging it as if the provision relating to temporary possession were
provision relating to compulsory acquisition.

(4) The temporary possession must be authorised before the acquiring authority
10acquires the relevant land.

(5) The authorising instrument must—

(a) identify the land which is to be subject to temporary possession,

(b) describe the purposes for which temporary possession is required,

(c) describe the scheme in connection with which temporary possession is
15required,

(d) identify the land required for the scheme, and

(e) specify the total period of time for which the land may be subject to
temporary possession.

(6) The authorising instrument does not need to include the dates of any particular
20period of temporary possession (but see section 11).

(7) A period of temporary possession may be commenced before, at or after the
time the acquiring authority acquires the relevant land.

11 Notice requirements

(1) Before taking temporary possession of land compulsorily for a period of time
25by virtue of section 9(2) an acquiring authority must give a notice of intended
entry to each person who has an interest in or a right to occupy the land, so far
as known to the authority after making diligent inquiry.

(2) The notice must specify the period after the end of which the acquiring
authority may take temporary possession of the land (“the notice period”).

(3) 30The notice period must not end earlier than the end of the period of three
months beginning with the day on which the notice is given.

(4) The notice must specify the period for which the acquiring authority is to take
temporary possession of the land.

(5) For the purposes of this section an acquiring authority is to be treated as taking
35temporary possession of land at the beginning of the first day of any period of
temporary possession.

(6) The notice period may be reduced by agreement between the acquiring
authority and all persons to whom a notice must be given under subsection (1).

(7) An acquiring authority must comply with this section again in relation to each
40subsequent period of temporary possession even if there is to be no gap
between periods.