Localism Bill (HL Bill 71)

(e) prescribed development or development of a prescribed
description, and

(f) development in a prescribed area or an area of a prescribed
description.

61K 5Permission granted by neighbourhood development orders

(1) Planning permission granted by a neighbourhood development
order may be granted—

(a) unconditionally, or

(b) subject to such conditions or limitations as are specified in the
10order.

(2) The conditions that may be specified include—

(a) obtaining the approval of the local planning authority who
made the order but not of anyone else, and

(b) provision specifying the period within which applications
15must be made to a local planning authority for the approval
of the authority of any matter specified in the order.

(3) Regulations may make provision entitling a parish council in
prescribed circumstances to require any application for approval
under subsection (2) of a prescribed description to be determined by
20them instead of by a local planning authority.

(4) The regulations may in particular make provision—

(a) as to the procedure to be followed by parish councils in
deciding whether to determine applications for approvals
(including the time by which the decisions must be made),

(b) 25requiring parish councils in prescribed circumstances to
cease determining applications for approvals,

(c) conferring powers or imposing duties on local planning
authorities,

(d) treating parish councils as local planning authorities (instead
30of, or in addition to, the authorities) for the purposes of the
determination of applications for approvals (subject to such
exceptions or modifications in the application of any
enactment as may be prescribed),

(e) applying any enactment relating to principal councils within
35the meaning of section 270 of the Local Government Act 1972
for those purposes (with or without modifications), and

(f) disapplying, or modifying the application of, any enactment
relating to parish councils for those purposes.

(5) A neighbourhood development order may provide for the granting
40of planning permission to be subject to the condition that the
development begins before the end of the period specified in the
order.

(6) Regulations may make provision as to the periods that may be
specified in neighbourhood development orders under subsection
45(5).

(7) If—

(a) planning permission granted by a neighbourhood
development order for any development is withdrawn by the
revocation of the order under section 61L, and

(b) the revocation is made after the development has begun but
5before it has been completed,

the development may, despite the withdrawal of the permission, be
completed.

(8) But an order under section 61L revoking a neighbourhood
development order may provide that subsection (7) is not to apply in
10relation to development specified in the order under that section.

61L Revocation or modification of neighbourhood development orders

(1) The Secretary of State may by order revoke a neighbourhood
development order.

(2) A local planning authority may, with the consent of the Secretary of
15State, by order revoke a neighbourhood development order that they
have made.

(3) If a neighbourhood development order is revoked, the person
revoking the order must state the reasons for the revocation.

(4) A local planning authority may at any time by order modify a
20neighbourhood development order that they have made for the
purpose of correcting errors.

(5) If the qualifying body that initiated the process for the making of that
order is still authorised at that time to act for the purposes of a
neighbourhood development order in relation to the neighbourhood
25area concerned, the power under subsection (4) is exercisable only
with that body’s consent.

(6) A modification of a neighbourhood development order is to be done
by replacing the order with a new one containing the modification.

(7) Regulations may make provision in connection with the revocation
30or modification of a neighbourhood development order.

(8) The regulations may in particular make provision—

(a) for the holding of an examination in relation to a revocation
proposed to be made by the authority,

(b) as to the payment by a local planning authority of
35remuneration and expenses of the examiner,

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

(d) as to the giving of notice and publicity in connection with a
revocation or modification,

(e) as to the information and documents relating to a revocation
40or modification that are to be made available to the public,

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

(g) as to consultation with and participation by the public in
relation to a revocation, and

(h) 45as to the making and consideration of representations about
a revocation (including the time by which representations
must be made).

61M Legal challenges in relation to neighbourhood development orders

(1) A court may entertain proceedings for questioning a decision to act
under section 61E(4) or (8) only if—

(a) the proceedings are brought by a claim for judicial review,
5and

(b) the claim form is filed before the end of the period of 6 weeks
beginning with the day on which the decision is published.

(2) A court may entertain proceedings for questioning a decision under
paragraph 12 of Schedule 4B (consideration by local planning
10authority of recommendations made by examiner etc) only if—

(a) the proceedings are brought by a claim for judicial review,
and

(b) the claim form is filed before the end of the period of 6 weeks
beginning with the day on which the decision is published.

(3) 15A court may entertain proceedings for questioning anything relating
to a referendum under paragraph 14 of Schedule 4B only if—

(a) the proceedings are brought by a claim for judicial review,
and

(b) the claim form is filed during the period of 6 weeks beginning
20with the day on which the result of the referendum is
declared.

61N Guidance

Local planning authorities must have regard to any guidance issued
by the Secretary of State in the exercise of any function under any
25provision relating to neighbourhood development orders (including
any function under section 61F or 61G).

61O Provision as to the making of certain decisions by local planning
authorities

(1) Regulations may make provision regulating the arrangements of a
30local planning authority for the making of any prescribed decision
under any provision relating to neighbourhood development orders
(including under section 61F or 61G).

(2) The provision made by the regulations is to have effect despite
provision made by any enactment as to the arrangements of a local
35planning authority for the exercise of their functions (such as section
101 of the Local Government Act 1972 or section 13 of the Local
Government Act 2000).

61P Community right to build orders

Schedule 4C makes provision in relation to a particular type of
40neighbourhood development order (a community right to build
order).”

3 In section 5(3) (provisions for the purposes of which the Broads Authority
are the sole district planning authority)—

(a) after “sections” insert “61E to 61P,”, and

(b) 45at the end insert “and Schedules 4B and 4C”.

4 In Schedule 1 (local planning authorities: distribution of functions), after

paragraph 6 insert—

“6A (1) This paragraph applies to the functions of local planning
authorities under any of sections 61E to 61P and Schedules 4B and
4C (neighbourhood development orders).

(2) 5Those functions are to be exercised by a district planning authority
in any area of a non-metropolitan county.”

Part 2 Neighbourhood development plans

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

6 10In section 38 (development plan)—

(a) in subsection (2), omit the “and” at the end of paragraph (a) and at
the end of paragraph (b) insert “, and

(c) the neighbourhood development plans which have
been made in relation to that area.”,

(b) 15in subsection (3), at the end of paragraph (b) insert “, and

(c) the neighbourhood development plans which have
been made in relation to that area.”,

(c) in subsection (5), for “to be adopted, approved or published (as the
case may be)” substitute “to become part of the development plan”,
20and

(d) at the end insert—

“(10) Neighbourhood development plan must be construed in
accordance with section 38A.”

7 After that section insert—

“38A 25Meaning of “neighbourhood development plan”

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

(2) A “neighbourhood development plan” is a plan which sets out
30policies (however expressed) in relation to the development and use
of land in a particular neighbourhood area specified in the plan.

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

(a) 35provision for independent examination of orders proposed
by qualifying bodies, and

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

is to apply in relation to neighbourhood development plans (subject
40to the modifications set out in section 38C(5) of this Act).

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

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

referendum under that Schedule (as so applied) have voted
in favour of the plan, and

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

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

(6) The authority are not to be subject to the duty under subsection (4)(a)
if they consider that the making of the plan would breach, or would
otherwise be incompatible with, any EU obligation or any of the
10Convention rights (within the meaning of the Human Rights Act
1998).

(7) Regulations made by the Secretary of State may make provision as to
the procedure to be followed by local planning authorities in cases
where they act under subsection (6).

(8) 15The 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) as to the award of costs by the examiner,

(d) 20as 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
as a result of the regulations,

(g) 25as 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).

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

(a) their decision to act under subsection (4) or (6),

(b) 30their reasons for making that decision, and

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

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

(a) 35the qualifying body that initiated the process for the making
of the plan, and

(b) such other persons as may be prescribed.

(11) If a neighbourhood development plan is in force in relation to a
neighbourhood area—

(a) 40a qualifying body may make a proposal for the existing plan
to be replaced by a new one, and

(b) the process for the making of the replacement plan is the
same as the process for the making of the existing plan.

(12) For the purposes of this section—

• 45“local planning authority” has the same meaning as it has in
  Part 2 (see section 37), but the Broads Authority are to be the
  only local planning authority for the Broads,

Localism BillPage 315

• “neighbourhood area” has the meaning given by sections 61G
  and 61H(1) of the principal Act,

• “prescribed” means prescribed by regulations made by the
  Secretary of State, and

• 5“qualifying body” means a parish council, or an organisation or
  body designated as a neighbourhood forum, authorised for
  the purposes of a neighbourhood development plan to act in
  relation to a neighbourhood area as a result of section 61F of
  the principal Act, as applied by section 38C of this Act.

38B 10Provision that may be made by neighbourhood development plans

(1) A neighbourhood development plan—

(a) must specify the period for which it is to have effect,

(b) may not include provision about development that is
excluded development, and

(c) 15may not relate to more than one neighbourhood area.

(2) Only one neighbourhood development plan may be made for each
neighbourhood area.

(3) If to any extent a policy set out in a neighbourhood development
plan conflicts with any other statement or information in the plan,
20the conflict must be resolved in favour of the policy.

(4) Regulations made by the Secretary of State may make provision—

(a) restricting the provision that may be included in
neighbourhood development plans about the use of land,

(b) requiring neighbourhood development plans to include such
25matters as are prescribed in the regulations, and

(c) prescribing the form of neighbourhood development plans.

(5) A local planning authority must publish each neighbourhood
development plan that they make in such manner as may be
prescribed by regulations made by the Secretary of State.

(6) 30Section 61J of the principal Act (meaning of “excluded
development”) is to apply for the purposes of subsection (1)(b).

38C Supplementary provisions

(1) The following provisions of the principal Act are to apply in relation
to neighbourhood development plans.

(2) 35The provisions to be applied are—

(a) section 61F (authorisation to act in relation to neighbourhood
areas),

(b) section 61H(2) and (3) (neighbourhood areas in areas of two
or more local planning authorities),

(c) 40section 61L (revocation or modification of neighbourhood
development orders),

(d) section 61M (legal challenges),

(e) section 61N (guidance), and

(f) section 61O (provision as to the making of certain decisions
45by local planning authorities).

(3) Section 61L of the principal Act is to apply in accordance with
subsection (2) of this section as if the words “by order” (wherever
occurring) were omitted.

(4) Section 61M(1) of the principal Act is to apply in accordance with
5subsection (2) of this section as if the reference to section 61E(4) or (8)
of that Act were a reference to section 38A(4) or (6) of this Act.

(5) Schedule 4B to the principal Act is to apply in accordance with
38A(3) of this Act with the following modifications—

(a) the reference to section 61E(8) of the principal Act is to be
10read as a reference to section 38A(6) of this Act,

(b) references to the provision made by or under sections 61E(2), 61I and 61K of the principal Act are to be read as references
to the provision made by or under sections 38A and 38B of
this Act,

(c) references to section 61K(2)(b) or (5) of the principal Act are
15to be disregarded, and

(d) paragraph 8 is to have effect as if sub-paragraphs (2)(b) and
(c) and (3) to (5) were omitted.

(6) Regulations under section 61G(11) of the principal Act (designation
of areas as neighbourhood areas) may include provision about the
20consequences of the modification of designations on proposals for
neighbourhood development plans, or on neighbourhood
development plans, that have already been made.

(7) The fact that the list of applied provisions includes section 61M(2)
and (3) of the principal Act is not to affect the operation of section
2520(2) of the Interpretation Act 1978 in relation to other references to
enactments applied in accordance with this section.”

Section 101

SCHEDULE 10 Process for making of neighbourhood development orders

This is the Schedule to be inserted as Schedule 4B to the Town and Country
30Planning Act 1990—

Section 61E

“Schedule 4B Process for making of neighbourhood development orders

Proposals for neighbourhood development orders

1 (1) A qualifying body is entitled to submit a proposal to a local
planning authority for the making of a neighbourhood
35development order by the authority in relation to a
neighbourhood area within the area of the authority.

(2) The proposal must be accompanied by—

(a) a draft of the order, and

(b) a statement which contains a summary of the proposals
and sets out the reasons why an order should be made in
the proposed terms.

(3) The proposal must—

(a) 5be made in the prescribed form, and

(b) be accompanied by other documents and information of a
prescribed description.

(4) The qualifying body must send to prescribed persons a copy of—

(a) the proposal,

(b) 10the draft neighbourhood development order, and

(c) such of the other documents and information
accompanying the proposal as may be prescribed.

(5) The Secretary of State may publish a document setting standards
for—

(a) 15the preparation of a draft neighbourhood development
order and other documents accompanying the proposal,

(b) the coverage in any document accompanying the proposal
of a matter falling to be dealt with in it, and

(c) all or any of the collection, sources, verification, processing
20and presentation of information accompanying the
proposal.

(6) The documents and information accompanying the proposal
(including the draft neighbourhood development order) must
comply with those standards.

2 25A qualifying body may withdraw a proposal at any time before
the local planning authority make a decision under paragraph 12.

Advice and assistance in connection with proposals

3 (1) A local planning authority must give such advice or assistance to
qualifying bodies as, in all the circumstances, they consider
30appropriate for the purpose of, or in connection with, facilitating
the making of proposals for neighbourhood development orders
in relation to neighbourhood areas within their area.

(2) Nothing in this paragraph is to be read as requiring the giving of
financial assistance.

35Requirements to be complied with before proposals made or considered

4 (1) Regulations may make provision as to requirements that must be
complied with before proposals for a neighbourhood
development order may be submitted to a local planning
authority or fall to be considered by a local planning authority.

(2) 40The regulations may in particular make provision—

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

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

(c) as to the making of reasonable charges for anything
45provided as a result of the regulations,

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

(e) as to the making and consideration of representations
(including the time by which they must be made),

(f) requiring prescribed steps to be taken before a proposal of
5a prescribed description falls to be considered by a local
planning authority, and

(g) conferring powers or imposing duties on local planning
authorities, the Secretary of State or other public
authorities.

10Consideration of proposals by authority

5 (1) A local planning authority may decline to consider a proposal
submitted to them if they consider that it is a repeat proposal.

(2) A proposal (“the proposal in question”) is a “repeat” proposal for
the purposes of this paragraph if it meets conditions A and B.

(3) 15Condition A is that in the period of two years ending with the date
on which the proposal in question is received—

(a) the authority have refused a proposal under paragraph 12
or section 61E(8) that is the same as or similar to the
proposal in question, or

(b) 20a referendum on an order relating to a proposal under this
Schedule that is the same as or similar to the proposal in
question has been held under this Schedule and half or less
than half of those voting voted in favour of the order.

(4) Condition B is that the local planning authority consider that there
25has been no significant change in relevant considerations since the
refusal of the proposal or the holding of the referendum.

(5) For the purposes of this paragraph “relevant considerations”
means—

(a) national policies and advice contained in guidance issued
30by the Secretary of State that are relevant to the draft
neighbourhood development order to which the proposal
in question relates, and

(b) the strategic policies contained in the development plan
for the area of the authority (or any part of that area).

(6) 35If the authority decline to consider the proposal, they must notify
the qualifying body of that fact and of their reasons for declining
to consider it.