SCHEDULE 10 continued
6 (1) This paragraph applies if—
a proposal has been made to a local planning authority,
the authority have not exercised their powers under
paragraph 5 to decline to consider it.
(2) The authority must consider—
whether the qualifying body is authorised for the purposes
of a neighbourhood development order to act in relation to
the neighbourhood area concerned as a result of section
Localism BillPage 319
whether the proposal by the body complies with provision
made by or under that section,
whether the proposal and the documents and information
accompanying it (including the draft neighbourhood
development order) comply with provision made by or
under paragraph 1, and
whether the body has complied with the requirements of
regulations made under paragraph 4 imposed on it in
relation to the proposal.
(4) The authority must—
in any case where they are not so satisfied, refuse the
proposal and notify the body of their reasons for refusing
7 (1) This paragraph applies if—
they are satisfied that the matters mentioned there have
been 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.
The authority must make such arrangements as they consider
appropriate in connection with the holding of the examination.
The authority may appoint a person to carry out the examination,
but only if the qualifying body consents to the appointment.
it appears to the Secretary of State that no person may be
appointed under sub-paragraph (4), and
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
The 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,
does not have an interest in any land that may be affected
by the draft order, and
(c) has appropriate qualifications and experience.