Localism Bill (HL Bill 71)

(4) Regulations may make provision requiring the publication of any
decisions made by a local planning authority under this
paragraph.

(5) In this paragraph—

• 35“the EIA directive” means Council Directive 85/337/EEC on
  the assessment of the effects of certain public and private
  projects on the environment (as amended from time to
  time),

• “qualifying European site” means—

  (a)

  40a European offshore marine site within the meaning
  of the Offshore Marine Conservation (Natural
  Habitats, &c.) Regulations 2007, or

  (b)

  a European site within the meaning of the
  Conservation of Habitats and Species Regulations
  452010, and

• “specified” means specified in the community right to build
  order.

Examination of proposals for community right to build orders etc

7 The provisions of Schedule 4B have effect in relation to
community right to build orders with the following modifications.

8 Any reference in that Schedule to section 61E(2) includes a
5reference to paragraph 2 of this Schedule.

9 Any reference in that Schedule to section 61F includes a reference
to paragraph 4 of this Schedule.

10 (1) The provision made by this paragraph is to have effect instead of
paragraph 12(4) to (6) and (10) of that Schedule.

(2) 10If the examiner’s report recommends that the draft order is
refused, the authority must refuse the proposal.

(3) If the examiner’s report recommends that the draft order is
submitted to a referendum (with or without modifications), a
referendum in accordance with paragraph 14 of that Schedule
15must be held on the making by the authority of a community right
to build order.

(4) The order on which the referendum is to be held is the order that
the examiner’s report recommended be submitted to a
referendum subject to such modifications (if any) as the authority
20consider appropriate.

(5) The only modifications that the authority may make are—

(a) modifications that the authority consider need to be made
to secure that the order does not breach, and is otherwise
compatible with, EU obligations,

(b) 25modifications that the authority consider need to be made
to secure that the order is compatible with the Convention
rights (within the meaning of the Human Rights Act 1998),
and

(c) modifications for the purpose of correcting errors.

(6) 30Any reference in this Act or any other enactment to paragraph 12
of Schedule 4B includes a reference to that paragraph as modified
in accordance with this paragraph.

Use of land

11 (1) Regulations may make provision for securing that in prescribed
35circumstances—

(a) an enfranchisement right is not exercisable in relation to
land the development of which is authorised by a
community right to build order, or

(b) the exercise of an enfranchisement right in relation to that
40land is subject to modifications provided for by the
regulations.

(2) Each of the following is an “enfranchisement right”—

(a) the right under Part 1 of the Leasehold Reform Act 1967 to
acquire the freehold of a house (enfranchisement),