(b) at the end of paragraph (g) (but not as part of that paragraph) insert
“and which are credited to a revenue account for the year in
accordance with proper practices.”

40 In Schedule 6 (procedure for determining the Authority’s consolidated
5budget requirement) in each of the following provisions for “budget” in each
place substitute “council tax”—

(a) the Schedule heading,

(b) paragraph 1(2)(a) and (3)(a) and (b),

(c) paragraph 5A(1), (2)(a), (3) to (5), (6)(b), (7) to (9) and (12) (but not in
10“the draft component budget for the body”),

(d) paragraph 7(2) to (4), and

(e) paragraph 8A(1), (2)(a), (3) to (5), (6)(b), (7), (8) and (10) (but not in
“the final draft budget”).

41 In Schedule 7 (procedure for making of substitute calculations by the
15Authority) in each of following provisions for “budget” substitute “council
tax”—

(a) paragraph 4A(1), (2)(a), (3), (5) to (9) and (11)(c) (but not in “the first
draft component budget for the body”), and

(b) paragraph 7A(1), (2)(a), (3), (5) to (9) and (11).

20Local Government Act 2003 (c. 26)Local Government Act 2003 (c. 26)

42 The Local Government Act 2003 is amended as follows.

43 In section 25(1) (budget calculation: report on robustness of estimates etc) for
“32” substitute “31A, 32, 42A”.

44 In section 26(1) (minimum reserves)—

(a) 25in paragraph (a)—

(i) after “section” insert “31A or”, and

(ii) after the second “of” insert “council tax or”, and

(b) in paragraph (b) after “section” insert “42A or”.

45 In section 27(1) (budget calculation: report on inadequacy of controlled
30reserve) for “32” substitute “31A, 32, 42A”.

46 (1) Section 28 (budget monitoring: general) is amended as follows.

(2) In subsection (1) for “32” substitute “31A, 32, 42A”.

(3) In subsection (4)—

(a) for “32(4)” substitute “31A(4), 32(4), 42A(4)”, and

(b) 35before “budget” insert “council tax or”.

London Local Authorities Act 2004 (2004 c. i2004 c. i)

47 In section 23 of the London Local Authorities Act 2004 (Greater London
Magistrates’ Courts Authority) for “33” substitute “31B”.

Local Government and Public Involvement in Health Act 2007 (c. 28)Local Government and Public Involvement in Health Act 2007 (c. 28)

48 40The Local Government and Public Involvement in Health Act 2007 is
amended as follows.

49 In section 24(1)(d) (authorities dissolved by orders: control of reserves) for
“32(3) or 43(3)” substitute “31A(3) or 42A(3)”.

50 In section 25(1)(a) (directions: further provisions about reserves) for “32(3) or
43(3)” substitute “31A(3) or 42A(3)”.

51 (1) 5Section 28 (contraventions of direction) is amended as follows.

(2) In subsection (5) for “32(3)” substitute “31A(3)”.

(3) In subsection (6) for “43(3)” substitute “42A(3)”.

Section 94

SCHEDULE 8 Regional strategies: consequential amendments

10Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

1 In Schedule 1 to the Town and Country Planning Act 1990 (local planning
authorities: distribution of functions) in paragraph 7—

(a) omit sub-paragraphs (2)(a), (3) and (5)(a),

(b) in sub-paragraph (7)(a) for the words from “the responsible regional
15authorities” to “(the consulted body)” substitute “the county
planning authority”,

(c) in sub-paragraphs (7)(b) and (8) for “the consulted body” in each
place substitute “the county planning authority”, and

(d) omit sub-paragraphs (9), (10)(b) and (11).

20Regional Development Agencies Act 1998 (c. 45)Regional Development Agencies Act 1998 (c. 45)

2 In the Regional Development Agencies Act 1998 omit section 7 (regional
strategy).

Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

3 The Greater London Authority Act 1999 is amended as follows.

4 25In section 337(6)(a) (conflict between regional spatial strategy and spatial
development strategy) omit “or the regional spatial strategy for a region
which adjoins Greater London”.

5 In section 342(1) (matters to which the Mayor is to have regard)—

(a) omit paragraph (a), and

(b) 30in paragraph (b) omit “other”.

6 In Schedule 10 (Transport for London) in paragraph 2—

(a) omit sub-paragraph (3A), and

(b) in sub-paragraph (8) omit the definition of “regional planning body”
and “region”.

35Planning and Compulsory Purchase Act 2004 (c. 5)Planning and Compulsory Purchase Act 2004 (c. 5)

7 The Planning and Compulsory Purchase Act 2004 is amended as follows.

8 In section 15(3) (preparation of local development scheme) omit paragraph
(c).

9 In section 19(2) (preparation of local development documents) omit
paragraphs (b) and (d).

10 (1) 5Section 24 (conformity with regional strategy) is amended as follows.

(2) In the heading for “regional strategy” substitute “spatial development
strategy”.

(3) In subsection (1) omit paragraph (a).

11 In section 28 (joint local development documents) omit subsection (4).

12 10In section 37 (interpretation) omit subsections (6) and (6A).

13 In section 38(3) (development plan for areas in England outside Greater
London) omit paragraph (a).

14 (1) Section 45 (simplified planning zones) is amended as follows.

(2) Before subsection (1) insert—

“(A1) 15The principal Act is amended in relation to Wales as follows.”

(3) In subsection (1) for “the principal Act” substitute “that Act”.

(4) In the text to be inserted by subsection (2), in subsection (1A)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “in Wales”.

(5) 20In the text to be inserted by subsection (3)—

(a) in subsection (2)(b) omit—

(i) “the Secretary of State or”, and

(ii) “(as the case may be)”,

(b) in subsection (2A) omit paragraph (b), and

(c) 25omit subsection (2B).

(6) Omit subsection (4).

(7) In the text to be inserted by subsection (9)—

(a) in sub-paragraph (1A)—

(i) omit paragraph (a), and

(ii) 30in paragraph (b) omit “in Wales”,

(b) in sub-paragraph (1B) omit—

(i) “the Secretary of State or”, and

(ii) “(as the case may be)”, and

(c) in sub-paragraph (1C) omit—

(i) 35“Secretary of State or the”, and

(ii) “(as the case may be)”.

15 In section 62(5) (preparation of local development plan) omit paragraph (c).

16 In section 78 (interpretation of Part 6) omit subsection (5).

17 (1) Section 113 (validity of strategies, plans and documents) is amended as
40follows.

(2) In subsection (1)—

(a) omit paragraph (a), and

(b) in the words following paragraph (g) for “(a)” substitute “(b)”.

(3) In subsection (9) omit paragraph (a).

(4) 5In subsection (11) omit paragraph (a).

(5) Omit subsection (12).

Marine and Coastal Access Act 2009 (c. 23)2009 (c. 23)

18 In Schedule 6 to the Marine and Coastal Access Act 2009, in paragraph 1—

(a) in sub-paragraph (2) omit paragraph (e), and

(b) 10in sub-paragraph (3) omit the definition of “responsible regional
authorities”.

Section 101

SCHEDULE 9 Neighbourhood planning

Part 1 15Neighbourhood development orders

1 The Town and Country Planning Act 1990 is amended as follows.

2 After section 61D insert—

“Neighbourhood development orders

61E Neighbourhood development orders

(1) 20Any qualifying body is entitled to initiate a process for the purpose
of requiring a local planning authority in England to make a
neighbourhood development order.

(2) A “neighbourhood development order” is an order which grants
planning permission in relation to a particular neighbourhood area
25specified in the order—

(a) for development specified in the order, or

(b) for development of any class specified in the order.

(3) Schedule 4B makes provision about the process for the making of
neighbourhood development orders, including—

(a) 30provision for independent examination of orders proposed
by qualifying bodies, and

(b) provision for the holding of referendums on orders proposed
by those bodies.

(4) A local planning authority to whom a proposal for the making of a
35neighbourhood development order has been made—

(a) must make a neighbourhood development order to which
the proposal relates if more than half of those voting in a

referendum under that Schedule have voted in favour of the
order, and

(b) if paragraph (a) applies, must make the order as soon as
reasonably practicable after the referendum is held.

(5) 5There are no other circumstances in which a neighbourhood
development order may be made.

(6) A “qualifying body” means a parish council, or an organisation or
body designated as a neighbourhood forum, authorised for the
purposes of a neighbourhood development order to act in relation to
10a neighbourhood area as a result of section 61F.

(7) For the meaning of “neighbourhood area”, see sections 61G and
61H(1).

(8) The authority are not to be subject to the duty under subsection (4)(a)
if they consider that the making of the order would breach, or would
15otherwise be incompatible with, any EU obligation or any of the
Convention rights (within the meaning of the Human Rights Act
1998).

(9) Regulations may make provision as to the procedure to be followed
by local planning authorities in cases where they act under
20subsection (8).

(10) The regulations may in particular make provision—

(a) for the holding of an examination,

(b) as to the payment by a local planning authority of
remuneration and expenses of the examiner,

(c) 25as to the award of costs by the examiner,

(d) as to the giving of notice and publicity,

(e) as to the information and documents that are to be made
available to the public,

(f) as to the making of reasonable charges for anything provided
30as a result of the regulations,

(g) as to consultation with and participation by the public, and

(h) as to the making and consideration of representations
(including the time by which representations must be made).

(11) The authority must publish in such manner as may be prescribed—

(a) 35their decision to act under subsection (4) or (8),

(b) their reasons for making that decision, and

(c) such other matters relating to that decision as may be
prescribed.

(12) The authority must send a copy of the matters required to be
40published to—

(a) the qualifying body that initiated the process for the making
of the order, and

(b) such other persons as may be prescribed.

(13) A local planning authority must publish each neighbourhood
45development order that they make in such manner as may be
prescribed.

61F Authorisation to act in relation to neighbourhood areas

(1) For the purposes of a neighbourhood development order, a parish
council are authorised to act in relation to a neighbourhood area if
that area consists of or includes the whole or any part of the area of
5the council.

(2) If that neighbourhood area also includes the whole or any part of the
area of another parish council, the parish council is authorised for
those purposes to act in relation to that neighbourhood area only if
the other parish council have given their consent.

(3) 10For the purposes of a neighbourhood development order, an
organisation or body is authorised to act in relation to a
neighbourhood area if it is designated by a local planning authority
as a neighbourhood forum for that area.

(4) An organisation or body may be designated for a neighbourhood
15area only if that area does not consist of or include the whole or any
part of the area of a parish council.

(5) A local planning authority may designate an organisation or body as
a neighbourhood forum if the authority are satisfied that it meets the
following conditions—

(a) 20it is established expressly for either or both of the following
purposes—

(i) furthering the social, economic and environmental
well-being of individuals living, or wanting to live, in
an area that consists of or includes the neighbourhood
25area concerned,

(ii) promoting the carrying on of trades, professions or
other businesses in such an area,

(b) its membership is open to—

(i) individuals who live in the neighbourhood area
30concerned,

(ii) individuals who work there (whether for businesses
carried on there or otherwise), and

(iii) individuals who are elected members of a county
council, district council or London borough council
35any of whose area falls within the neighbourhood
area concerned,

(c) its membership includes a minimum of 21 individuals each
of whom—

(i) lives in the neighbourhood area concerned,

(ii) 40works there (whether for a business carried on there
or otherwise), or

(iii) is an elected member of a county council, district
council or London borough council any of whose area
falls within the neighbourhood area concerned,

(d) 45it has a written constitution, and

(e) such other conditions as may be prescribed.

(6) A local planning authority may also designate an organisation or
body as a neighbourhood forum if they are satisfied that the
organisation or body meets prescribed conditions.

(7) A local planning authority—

(a) must, in determining under subsection (5) whether to
designate an organisation or body as a neighbourhood forum
for a neighbourhood area, have regard to the desirability of
5designating an organisation or body—

(i) which has secured (or taken reasonable steps to
attempt to secure) that its membership includes at
least one individual falling within each of sub-
paragraphs (i) to (iii) of subsection (5)(b),

(ii) 10whose membership is drawn from different places in
the neighbourhood area concerned and from
different sections of the community in that area, and

(iii) whose purpose reflects (in general terms) the
character of that area,

(b) 15may designate only one organisation or body as a
neighbourhood forum for each neighbourhood area,

(c) may designate an organisation or body as a neighbourhood
forum only if the organisation or body has made an
application to be designated, and

(d) 20must give reasons to an organisation or body applying to be
designated as a neighbourhood forum where the authority
refuse the application.

(8) A designation—

(a) may not be withdrawn by a local planning authority,

(b) 25ceases to have effect at the end of the period of 5 years
beginning with the day on which it is made but without
affecting the validity of any proposal for a neighbourhood
development order made before the end of that period, and

(c) in the case of the designation of an unincorporated
30association, is not to be affected merely because of a change
in the membership of the association.

(9) A proposal for a neighbourhood development order by a parish
council or neighbourhood forum may not be made at any time in
relation to a neighbourhood area if there is at that time another
35proposal by the council or forum in relation to that area that is
outstanding.

(10) Each local planning authority must make such arrangements as they
consider appropriate for making people aware as to the times when
organisations or bodies could make applications to be designated as
40neighbourhood forums for neighbourhood areas.

(11) Regulations—

(a) may make provision in connection with proposals made by
qualifying bodies for neighbourhood development orders,
and

(b) 45may make provision in connection with designations of
organisations or bodies as neighbourhood forums (including
provision of a kind mentioned in section 61G(11)(a) to (g)).

(12) The regulations may in particular make provision—

(a) as to the consequences of the creation of a new parish council,
or a change in the area of a parish council, on any proposal
made for a neighbourhood development order,

(b) as to the consequences of the dissolution of a neighbourhood
5forum on any proposal for a neighbourhood development
order made by it,

(c) for determining when a proposal for a neighbourhood
development order is to be regarded as outstanding, and

(d) requiring a local planning authority to have regard (in
10addition, where relevant, to the matters set out in subsection
(7)(a)) to prescribed matters in determining whether to
designate an organisation or body as a neighbourhood
forum.

61G Meaning of “neighbourhood area”

(1) 15A “neighbourhood area” means an area within the area of a local
planning authority in England which has been designated by the
authority as a neighbourhood area; but that power to designate is
exercisable only where—

(a) a relevant body has applied to the authority for an area
20specified in the application to be designated by the authority
as a neighbourhood area, and

(b) the authority are determining the application (but see
subsection (5)).

(2) A “relevant body” means—

(a) 25a parish council, or

(b) an organisation or body which is, or is capable of being,
designated as a neighbourhood forum (on the assumption
that, for this purpose, the specified area is designated as a
neighbourhood area).

(3) 30The specified area—

(a) in the case of an application by a parish council, must be one
that consists of or includes the whole or any part of the area
of the council, and

(b) in the case of an application by an organisation or body, must
35not be one that consists of or includes the whole or any part
of the area of a parish council.

(4) In determining an application the authority must have regard to—

(a) the desirability of designating the whole of the area of a
parish council as a neighbourhood area, and

(b) 40the desirability of maintaining the existing boundaries of
areas already designated as neighbourhood areas.

(5) If—

(a) a valid application is made to the authority,

(b) some or all of the specified area has not been designated as a
45neighbourhood area, and

(c) the authority refuse the application because they consider
that the specified area is not an appropriate area to be
designated as a neighbourhood area,

the authority must exercise their power of designation so as to secure
that some or all of the specified area forms part of one or more areas
designated (or to be designated) as neighbourhood areas.

(6) The authority may, in determining any application, modify
5designations already made.

(7) The areas designated as neighbourhood areas must not overlap with
each other.

(8) A local planning authority must publish a map setting out the areas
that are for the time being designated as neighbourhood areas.

(9) 10If the authority refuse an application, they must give reasons to the
applicant for refusing the application.

(10) In this section “specified”, in relation to an application, means
specified in the application.

(11) Regulations may make provision in connection with the designation
15of areas as neighbourhood areas; and the regulations may in
particular make provision—

(a) as to the procedure to be followed in relation to designations,

(b) as to the giving of notice and publicity in connection with
designations,

(c) 20as to consultation with and participation by the public in
relation to designations,

(d) as to the making and consideration of representations about
designations (including the time by which representations
must be made),

(e) 25as to the form and content of applications for designations,

(f) requiring an application for a designation to be determined
by a prescribed date,

(g) entitling or requiring a local planning authority in prescribed
circumstances to decline to consider an application for a
30designation, and

(h) about the modification of designations (including provision
about the consequences of modification on proposals for
neighbourhood development orders, or on neighbourhood
development orders, that have already been made).

61H 35 Neighbourhood areas in areas of two or more local planning
authorities

(1) The power to designate an area as a neighbourhood area under
section 61G is exercisable by two or more local planning authorities
in England if the area falls within the areas of those authorities.

(2) 40Regulations may make provision in connection with—

(a) the operation of subsection (1), and

(b) the operation of other provisions relating to neighbourhood
development orders (including sections 61F and 61G) in
cases where an area is designated as a neighbourhood area as
45a result of that subsection.

(3) The regulations may in particular make provision—

(a) modifying or supplementing the application of, or
disapplying, any of the provisions mentioned in subsection
(2)(b),

(b) applying (with or without modifications) any provision of
5Part 6 of the Local Government Act 1972 (discharge of
functions) in cases where the provision would not otherwise
apply,

(c) requiring local planning authorities to exercise, or not to
exercise, any power conferred by any provision of that Part
10(including as applied by virtue of paragraph (b)), and

(d) conferring powers or imposing duties on local planning
authorities.

61I Provision that may be made by neighbourhood development order

(1) A neighbourhood development order may make provision in
15relation to—

(a) all land in the neighbourhood area specified in the order,

(b) any part of that land, or

(c) a site in that area specified in the order.

(2) A neighbourhood development order may not provide for the
20granting of planning permission for any development that is
excluded development.

(3) For the meaning of “excluded development”, see section 61J.

(4) A neighbourhood development order may not grant planning
permission for any development in any particular case where
25planning permission is already granted for that development in that
case.