Localism Bill (HL Bill 90)

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

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

35 In section 87 (procedure for determining the budget requirement) for
“budget” in each place (including the heading) substitute “council tax”.

36 (1) 5Section 95 (minimum budget for Metropolitan Police Authority) is amended
as follows.

(2) In each of the following provisions for “budget” substitute “council tax”—

(a) subsection (1),

(b) subsection (2),

(c) 10subsection (5)(a), and

(d) subsection (7)(b) (in both places).

(3) In subsection (8) omit “P1 or” and “item P2 or”.

(4) Omit subsections (9) to (11).

37 In section 97 (emergencies and disasters) in both of the following provisions
15for “budget” substitute “council tax”—

(a) subsection (1)(b), and

(b) subsection (2)(b).

38 In section 99—

(a) at the appropriate place insert ““BID levy” has the same meaning as
20in Part 4 of the Local Government Act 2003;”,

(b) in each of the definitions of “component budget requirement” and
“consolidated budget requirement” for “budget” substitute “council
tax”, and

(c) omit the definitions of “police grant” and “relevant special grant”.

39 25In section 102(2) (distribution of grants between authority and functional
bodies—

(a) omit paragraph (c), and

(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
30accordance with proper practices.”

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

(a) the Schedule heading,

(b) 35paragraph 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
“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
40“the final draft budget”).

41 In Schedule 7 (procedure for making of substitute calculations by the
Authority) 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
45draft component budget for the body”), and

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

Local 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
5“32” substitute “31A, 32, 42A”.

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

(a) in paragraph (a)—

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

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

(b) 10in paragraph (b) after “section” insert “42A or”.

45 In section 27(1) (budget calculation: report on inadequacy of controlled
reserve) 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) 15In subsection (4)—

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

(b) before “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
20Magistrates’ 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 The 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
25“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) Section 28 (contraventions of direction) is amended as follows.

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

(3) 30In subsection (6) for “43(3)” substitute “42A(3)”.

Section 97

SCHEDULE 8 Regional strategies: consequential amendments

Town 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
35authorities: 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
authorities” to “(the consulted body)” substitute “the county
planning authority”,

(c) 5in 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).

Regional 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
10strategy).

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 In section 337(6)(a) (conflict between regional spatial strategy and spatial
development strategy) omit “or the regional spatial strategy for a region
15which adjoins Greater London”.

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

(a) omit paragraph (a), and

(b) in paragraph (b) omit “other”.

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

(a) 20omit sub-paragraph (3A), and

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

Planning 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 25In 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) Section 24 (conformity with regional strategy) is amended as follows.

(2) 30In 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 In section 37 (interpretation) omit subsections (6) and (6A).

13 35In 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) The 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) 5In 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) 10omit 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) 15in 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) 20“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
25follows.

(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) 30In 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) 35in sub-paragraph (3) omit the definition of “responsible regional
authorities”.

Section 104

SCHEDULE 9 Neighbourhood planning

Part 1 Neighbourhood development orders

1 5The Town and Country Planning Act 1990 is amended as follows.

2 After section 61D insert—

“Neighbourhood development orders

61E Neighbourhood development orders

(1) Any qualifying body is entitled to initiate a process for the purpose
10of 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
specified in the order—

(a) 15for 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) provision for independent examination of orders proposed
20by 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
neighbourhood development order has been made—

(a) 25must make a neighbourhood development order to which
the proposal relates if in each applicable referendum under
that Schedule more than half of those voting have voted in
favour of the order, and

(b) if paragraph (a) applies, must make the order as soon as
30reasonably practicable after the referendum is held.

(5) If—

(a) there are two applicable referendums under that Schedule
(because the order relates to a neighbourhood area
designated as a business area under section 61H), and

(b) 35in one of those referendums (but not the other) more than half
of those voting have voted in favour of the order,

the authority may (but need not) make a neighbourhood
development order to which the proposal relates.

(6) A “qualifying body” means a parish council, or an organisation or
40body designated as a neighbourhood forum, authorised for the
purposes of a neighbourhood development order to act in relation to
a neighbourhood area as a result of section 61F.

(7) For the meaning of “neighbourhood area”, see sections 61G and
61I(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
5otherwise 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
10subsection (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) 15as 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
20as 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) 25their 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
30published 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
35development 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
40that area consists of or includes the whole or any part of the area of
the 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
45the other parish council have given their consent.

(3) For 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) 5An organisation or body may be designated for a neighbourhood
area 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
10following conditions—

(a) it 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
15an area that consists of or includes the neighbourhood
area concerned,

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

(b) its membership is open to—

(i) 20individuals who live in the neighbourhood area
concerned,

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

(iii) individuals who are elected members of a county
25council, district council or London borough council
any of whose area falls within the neighbourhood
area concerned,

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

(i) 30lives in the neighbourhood area concerned,

(ii) works 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
35falls within the neighbourhood area concerned,

(d) it 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
40organisation 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
45designating 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) whose 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
5character of that area,

(b) may 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
10application to be designated, and

(d) must 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) 15ceases 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

(b) in the case of the designation of an unincorporated
20association, is not to be affected merely because of a change
in the membership of the association.

(9) A local planning authority may withdraw an organisation or body’s
designation as a neighbourhood forum if they consider that the
organisation or body is no longer meeting—

(a) 25the conditions by reference to which it was designated, or

(b) any other criteria to which the authority were required to
have regard in making the designation;

and, where an organisation or body’s designation is withdrawn, the
authority must give reasons to the organisation or body.

(10) 30A 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
proposal by the council or forum in relation to that area that is
outstanding.

(11) 35Each 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
neighbourhood forums for neighbourhood areas.

(12) Regulations—

(a) 40may make provision in connection with proposals made by
qualifying bodies for neighbourhood development orders,
and

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

(13) 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) suspending the operation of any duty of a local planning
authority under paragraph 6 or 7 of Schedule 4B in cases
where they are considering the withdrawal of the
10designation of an organisation or body as a neighbourhood
forum,

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

(e) requiring a local planning authority to have regard (in
15addition, 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) 20A “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
25specified 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) 30a 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) 35The 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
40not 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) 45the 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
neighbourhood area, and

(c) the authority refuse the application because they consider
that the specified area is not an appropriate area to be
5designated 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
10designations 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) 15If 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
20of 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) 25as 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) 30as 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
35designation, 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 40Neighbourhood areas designated as business areas

(1) Whenever a local planning authority exercise their powers under
section 61G to designate an area as a neighbourhood area, they must
consider whether they should designate the area concerned as a
business area.

(2) 45The reference here to the designation of an area as a neighbourhood
area includes the modification under section 61G(6) of a designation
already made.