Neighbourhood Planning Bill (HC Bill 83)

A

BILL

[AS AMENDED IN PUBLIC BILL COMMITTEE]

TO

Make provision about planning and compulsory purchase; and for connected
purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

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

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(b) the 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
5applied to neighbourhood development plans by section 38A(3) of the
Planning and Compulsory Purchase Act 2004.”

2 Status of approved neighbourhood development plan

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

(3A) 10For 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) section 38A(4)(a) (approval by referendum) applies in relation
to the neighbourhood development plan, but

(b) 15the 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
development plan if the local planning authority decide under section
38A(6) not to make the plan.”

3 20Modification 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
accordance with subsections (2) and (3).

(2) After subsection (4) insert—

(4A) 25A 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
permission granted by the order.”

(3) In subsection (5)—

(a) 30for “that order” substitute “the neighbourhood development order
mentioned in subsection (4) or (4A)”, and

(b) after “(4)” insert “or (4A)”.

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

(5) 35In section 38A (meaning of “neighbourhood development plan”) after
subsection (11) insert—

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

(6) Section 38C (neighbourhood development plans: supplementary provisions) is
40amended in accordance with subsections (7) to (9).

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(7) After subsection (2) insert—

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

(a) subsections (8)(a) and (8B) also referred to a proposal for the
5modification 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
10authority 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) 15the 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) 20the 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
25neighbourhood 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
30subsections (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
35a 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
40proposal 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) 45to change the boundary of an existing neighbourhood area,

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(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) 5A 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
the boundary created by combining the existing areas or a different
10boundary.

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

(b) 15it 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
existing neighbourhood area).”

(5) 20The 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) Subsection (11C) applies if, as a result of a modification of a
25neighbourhood 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
those areas does not affect the continuation in force of the plan in
30relation 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
Act (as applied by section 38C(5A) of this Act).”

(8) 35In 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
neighbourhood area does not affect the continuation in force of a
40neighbourhood 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
community involvement) is amended as follows.

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(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) 5paragraph 3 of Schedule 4B to the principal Act (advice or
assistance 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
10plans).

(2C) The 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) 15an area within the area of the authority has been designated as
a 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
20development plan.”

Local development documents

6 Content of development plan documents

(1) In section 19 of the Planning and Compulsory Purchase Act 2004 (preparation
of local development documents) after subsection (1A) insert—

(1B) 25Each local planning authority must identify the strategic priorities for
the development and use of land in the authority’s area.

(1C) Policies to address those priorities must be set out in the local planning
authority’s development plan documents (taken as a whole).

(1D) Subsection (1C) does not apply in the case of a London borough council
30or a Mayoral development corporation if and to the extent that the
council or corporation are satisfied that policies to address those
priorities are set out in the spatial development strategy.

(1E) If a combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act 2009 has the
35function of preparing the spatial development strategy for the
authority’s area, subsection (1D) also applies in relation to—

(a) a local planning authority whose area is within, or the same as,
the area of the combined authority, and

(b) the spatial development strategy published by the combined
40authority.”

(2) In section 35 of that Act (local planning authorities’ monitoring reports) after

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subsection (3) insert—

(3A) Subsection (3B) applies if a London borough council or a Mayoral
development corporation have determined in accordance with section
19(1D) that—

(a) 5policies to address the strategic priorities for the development
and use of land in their area are set out in the spatial
development strategy, and

(b) accordingly, such policies will not to that extent be set out in
their development plan documents.

(3B) 10Each report by the council or corporation under subsection (2) must—

(a) indicate that such policies are set out in the spatial development
strategy, and

(b) specify where in the strategy those policies are set out.

(3C) If a combined authority established under section 103 of the Local
15Democracy, Economic Development and Construction Act 2009 has the
function of preparing the spatial development strategy for the
authority’s area, subsections (3A) and (3B) also apply in relation to—

(a) a local planning authority whose area is within, or the same as,
the area of the combined authority, and

(b) 20the spatial development strategy published by the combined
authority.”

7 Power to direct preparation of joint development plan documents

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) After section 28 insert—

28A 25Power to direct preparation of joint development plan documents

(1) The Secretary of State may direct two or more local planning authorities
to prepare a joint development plan document.

(2) The Secretary of State may give a direction under this section in relation
to a document whether or not it is specified in the local development
30schemes of the local planning authorities in question as a document
which is to be prepared jointly with one or more other local planning
authorities.

(3) The Secretary of State may give a direction under this section only if the
Secretary of State considers that to do so will facilitate the more
35effective planning of the development and use of land in the area of one
or more of the local planning authorities in question.

(4) A direction under this section may specify—

(a) the area to be covered by the joint development plan document
to which the direction relates;

(b) 40the matters to be covered by that document;

(c) the timetable for preparation of that document.

(5) The Secretary of State must, when giving a direction under this section,
notify the local planning authorities to which it applies of the reasons
for giving it.

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(6) If the Secretary of State gives a direction under this section, the
Secretary of State may direct the local planning authorities to which it
is given to amend their local development schemes so that they cover
the joint development plan document to which it relates.

(7) 5A joint development plan document is a development plan document
which is, or is required to be, prepared jointly by two or more local
planning authorities pursuant to a direction under this section.

28B Application of Part to joint development plan documents

(1) This Part applies for the purposes of any step which may be or is
10required to be taken in relation to a joint development plan document
as it applies for the purposes of any step which may be or is required to
be taken in relation to a development plan document.

(2) For the purposes of subsection (1) anything which must be done by or
in relation to a local planning authority in connection with a
15development plan document must be done by or in relation to each of
the authorities mentioned in section 28A(1) in connection with a joint
development plan document.

(3) If the authorities mentioned in section 28A(1) include a London
borough council or a Mayoral development corporation, the
20requirements of this Part in relation to the spatial development strategy
also apply.

(4) Those requirements also apply if—

(a) a combined authority established under section 103 of the Local
Democracy, Economic Development and Construction Act 2009
25has the function of preparing the spatial development strategy
for the combined authority’s area, and

(b) the authorities mentioned in section 28A(1) include a local
planning authority whose area is within, or is the same as, the
area of the combined authority.

28C 30Modification or withdrawal of direction under section 28A

(1) The Secretary of State may modify or withdraw a direction under
section 28A by notice in writing to the authorities to which it was given.

(2) The Secretary of State must, when modifying or withdrawing a
direction under section 28A, notify the local planning authorities to
35which it was given of the reasons for the modification or withdrawal.

(3) The following provisions of this section apply if—

(a) the Secretary of State withdraws a direction under section 28A,
or

(b) the Secretary of State modifies a direction under that section so
40that it ceases to apply to one or more of the local planning
authorities to which it was given.

(4) Any step taken in relation to the joint development plan document to
which the direction related is to be treated as a step taken by—

(a) a local planning authority to which the direction applied for the
45purposes of any corresponding document prepared by them, or

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(b) two or more local planning authorities to which the direction
applied for the purposes of any corresponding joint
development plan document prepared by them.

(5) Any independent examination of a joint development plan document
5to which the direction related must be suspended.

(6) If before the end of the period prescribed for the purposes of this
subsection a local planning authority to which the direction applied
request the Secretary of State to do so, the Secretary of State may direct
that—

(a) 10the examination is resumed in relation to—

(i) any corresponding document prepared by a local
planning authority to which the direction applied, or

(ii) any corresponding joint development plan document
prepared by two or more local planning authorities to
15which the direction applied, and

(b) any step taken for the purposes of the suspended examination
has effect for the purposes of the resumed examination.

(7) The Secretary of State may by regulations make provision as to what is
a corresponding document or a corresponding joint development plan
20document for the purposes of this section.”

(3) In section 21 (intervention by Secretary of State) after subsection (11) insert—

(12) In the case of a joint local development document or a joint
development plan document, the Secretary of State may apportion
liability for the expenditure on such basis as the Secretary of State
25thinks just between the local planning authorities who have prepared
the document.”

(4) In section 27 (Secretary of State’s default powers) after subsection (9) insert—

(10) In the case of a joint local development document or a joint
development plan document, the Secretary of State may apportion
30liability for the expenditure on such basis as the Secretary of State
thinks just between the local planning authorities for whom the
document has been prepared.”

(5) Section 28 (joint local development documents) is amended in accordance with
subsections (6) and (7).

(6) 35In subsection (9) for paragraph (a) substitute—

(a) the examination is resumed in relation to—

(i) any corresponding document prepared by an authority
which were a party to the agreement, or

(ii) any corresponding joint local development document
40prepared by two or more other authorities which were
parties to the agreement;”.

(7) In subsection (11) (meaning of “corresponding document”) at the end insert “or
a corresponding joint local development document for the purposes of this
section.”

(8) 45In section 37 (interpretation) after subsection (5B) insert—

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(5C) Joint local development document must be construed in accordance
with section 28(10)

(5D) Joint development plan document must be construed in accordance
with section 28A(7).”

(9) 5Schedule A1 (default powers exercisable by Mayor of London, combined
authority and county council) is amended in accordance with subsections (10)
and (11).

(10) In paragraph 3 (powers exercised by the Mayor of London) after sub-
paragraph (3) insert—

(4) 10In the case of a joint local development document or a joint
development plan document, the Mayor may apportion liability for
the expenditure on such basis as the Mayor thinks just between the
councils for whom the document has been prepared.”

(11) In paragraph 7 (powers exercised by combined authority) after sub-paragraph
15(3) insert—

(4) In the case of a joint local development document or a joint
development plan document, the combined authority may
apportion liability for the expenditure on such basis as the authority
considers just between the authorities for whom the document has
20been prepared.”

8 County councils’ default powers in relation to development plan documents

Schedule 2 makes provision for the exercise of default powers by county
councils in relation to development plan documents.

9 Format of local development schemes and documents

(1) 25Section 36 of the Planning and Compulsory Purchase Act 2004 (regulations
under Part 2) is amended in accordance with subsections (2) and (3).

(2) In the heading after “Regulations” insert “and standards”.

(3) After subsection (2) insert—

(3) The Secretary of State may from time to time publish data standards
30for—

(a) local development schemes,

(b) local development documents, or

(c) local development documents of a particular kind.

(4) For this purpose a “data standard” is a written standard which contains
35technical specifications for a scheme or document or the data contained
in a scheme or document.

(5) A local planning authority must comply with the data standards
published under subsection (3) in preparing, publishing, maintaining
or revising a scheme or document to which the standards apply.”

(4) 40In section 15(8AA) of that Act (cases in which direction to revise local
development scheme may be given by Secretary of State or Mayor of
London)—