Localism Bill (HL Bill 71)

6 (1) This paragraph applies if—

(a) a proposal has been made to a local planning authority,
40and

(b) the authority have not exercised their powers under
paragraph 5 to decline to consider it.

(2) The authority must consider—

(a) whether the qualifying body is authorised for the purposes
45of a neighbourhood development order to act in relation to
the neighbourhood area concerned as a result of section
61F,

(b) whether the proposal by the body complies with provision
made by or under that section,

(c) whether the proposal and the documents and information
accompanying it (including the draft neighbourhood
5development order) comply with provision made by or
under paragraph 1, and

(d) whether the body has complied with the requirements of
regulations made under paragraph 4 imposed on it in
relation to the proposal.

(3) 10The authority must also consider whether the draft
neighbourhood development order complies with the provision
made by or under sections 61E(2), 61I and 61K.

(4) The authority must—

(a) notify the qualifying body as to whether or not they are
15satisfied that the matters mentioned in sub-paragraphs (2)
and (3) have been met or complied with, and

(b) in any case where they are not so satisfied, refuse the
proposal and notify the body of their reasons for refusing
it.

20Independent examination

7 (1) This paragraph applies if—

(a) a local planning authority have considered the matters
mentioned in paragraph 6(2) and (3), and

(b) they are satisfied that the matters mentioned there have
25been met or complied with.

(2) The authority must submit for independent examination—

(a) the draft neighbourhood development order, and

(b) such other documents as may be prescribed.

(3) The authority must make such arrangements as they consider
30appropriate in connection with the holding of the examination.

(4) The authority may appoint a person to carry out the examination,
but only if the qualifying body consents to the appointment.

(5) If—

(a) it appears to the Secretary of State that no person may be
35appointed under sub-paragraph (4), and

(b) the Secretary of State considers that it is expedient for an
appointment to be made under this sub-paragraph,

the Secretary of State may appoint a person to carry out the
examination.

(6) 40The person appointed must be someone who, in the opinion of the
person making the appointment—

(a) is independent of the qualifying body and the authority,

(b) does not have an interest in any land that may be affected
by the draft order, and

(c) 45has appropriate qualifications and experience.