Localism Bill (HL Bill 100)

(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
5“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
10draft 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
15“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) 20in 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) 25In 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
30Magistrates’ 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
35“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) In subsection (6) for “43(3)” substitute “42A(3)”.

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

52 The Police Reform and Social Responsibility Act 2011 is amended as follows.

53 In section 18(7)(f) (function of calculating budget requirement may not be
5delegated by police and crime commissioner)—

(a) after “calculating a” insert “council tax requirement or a”, and

(b) after “section” insert “42A or”.

54 In section 22(2) (minimum budget for police and crime commissioner:
amendments to section 41(1) of the Police Act 1996) for paragraph (c)
10substitute—

“(c) for “its” substitute “the commissioner’s”.”

Section 109

SCHEDULE 8 Regional strategies: consequential amendments

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

1 15In Schedule 1 to the Town and Country Planning Act 1990 (local planning
authorities: 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
20planning authority”,

(c) in 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 25In the Regional Development Agencies Act 1998 omit section 7 (regional
strategy).

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
30development strategy) omit “or the regional spatial strategy for a region
which 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 35In Schedule 10 (Transport for London) in paragraph 2—

(a) omit 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 In section 15(3) (preparation of local development scheme) omit paragraph
(c).

9 5In 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) In the heading for “regional strategy” substitute “spatial development
strategy”.

(3) 10In 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 (1) In section 38(3) (development plan for areas in England outside Greater
London) in paragraph (a) after “situated” insert “(if there is a regional
15strategy for that region)”.

(2) Omit section 38(3)(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) 20In 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) In the text to be inserted by subsection (3)—

(a) 25in 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) omit subsection (2B).

(6) 30Omit subsection (4).

(7) In the text to be inserted by subsection (9)—

(a) in sub-paragraph (1A)—

(i) omit paragraph (a), and

(ii) in paragraph (b) omit “in Wales”,

(b) 35in 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) “Secretary of State or the”, and

(ii) 40“(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
follows.

(2) 5In 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) In subsection (11) omit paragraph (a).

(5) 10Omit subsection (12).

Local Democracy, Economic Development and Construction Act 2009 (c. 20)2009 (c. 20)

18 In section 70(5) (which provides for how a regional strategy is to be
interpreted) for “the regional strategy” insert “a regional strategy under this
Part”.

19 15In section 82(2) (during the interim period, a regional strategy does not
include the regional economic strategy) for the words after “For the
purposes of that section,” substitute “a regional strategy under this Part is to
be regarded as consisting solely of the regional spatial strategy under section
1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the
20region concerned immediately before 1 April 2010.”

Marine and Coastal Access Act 2009 (c. 23)2009 (c. 23)

20 In Schedule 6 to the Marine and Coastal Access Act 2009, in paragraph 1—

(a) in sub-paragraph (2) omit paragraph (e), and

(b) in sub-paragraph (3) omit the definition of “responsible regional
25authorities”.

Section 116

SCHEDULE 9 Neighbourhood planning

Part 1 Neighbourhood development orders

1 30The 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
5of 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) 10for 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
15by 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) 20must 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
25reasonably 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) 30in 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
35body 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) 40The 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
otherwise 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
subsection (8).

(10) The regulations may in particular make provision—

(a) 5for 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) as to the giving of notice and publicity,

(e) 10as 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) as to consultation with and participation by the public, and

(h) 15as 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) their decision to act under subsection (4) or (8),

(b) their reasons for making that decision, and

(c) 20such other matters relating to that decision as may be
prescribed.

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

(a) the qualifying body that initiated the process for the making
25of the order, and

(b) such other persons as may be prescribed.

(13) A local planning authority must publish each neighbourhood
development order that they make in such manner as may be
prescribed.

61F 30Authorisation 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
that area consists of or includes the whole or any part of the area of
the council.

(2) 35If 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
the other parish council have given their consent.

(3) For the purposes of a neighbourhood development order, an
40organisation 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) An organisation or body may be designated for a neighbourhood
area only if that area does not consist of or include the whole or any
45part 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
following conditions—

(a) it is established for the express purpose of promoting or
5improving the social, economic and environmental well-
being of an area that consists of or includes the
neighbourhood area concerned (whether or not it is also
established for the express purpose of promoting the
carrying on of trades, professions or other businesses in such
10an area),

(b) its membership is open to—

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

(ii) individuals who work there (whether for businesses
15carried on there or otherwise), and

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

(c) 20its membership includes a minimum of 21 individuals each
of whom—

(i) lives in the neighbourhood area concerned,

(ii) works there (whether for a business carried on there
or otherwise), or

(iii) 25is an elected member of a county council, district
council or London borough council any of whose area
falls within the neighbourhood area concerned,

(d) it has a written constitution, and

(e) such other conditions as may be prescribed.

(6) 30A local planning authority may also designate an organisation or
body as a neighbourhood forum if they are satisfied that the
organisation or body meets prescribed conditions.

(7) A local planning authority—

(a) must, in determining under subsection (5) whether to
35designate an organisation or body as a neighbourhood forum
for a neighbourhood area, have regard to the desirability of
designating an organisation or body—

(i) which has secured (or taken reasonable steps to
attempt to secure) that its membership includes at
40least 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) 45whose purpose reflects (in general terms) the
character 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
50forum only if the organisation or body has made an
application 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) 5ceases 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
10association, 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) 15the 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) 20A 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) 25Each 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) 30may 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
35neighbourhood 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
40made for a neighbourhood development order,

(b) as to the consequences of the dissolution of a neighbourhood
forum on any proposal for a neighbourhood development
order made by it,

(c) suspending the operation of any duty of a local planning
45authority under paragraph 6 or 7 of Schedule 4B in cases
where they are considering the withdrawal of the
designation 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
addition, where relevant, to the matters set out in subsection
5(7)(a)) to prescribed matters in determining whether to
designate an organisation or body as a neighbourhood
forum.

61G Meaning of “neighbourhood area”

(1) A “neighbourhood area” means an area within the area of a local
10planning 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
specified in the application to be designated by the authority
15as a neighbourhood area, and

(b) the authority are determining the application (but see
subsection (5)).

(2) A “relevant body” means—

(a) a parish council, or

(b) 20an 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) The specified area—

(a) 25in 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
not be one that consists of or includes the whole or any part
30of 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) the desirability of maintaining the existing boundaries of
35areas 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) 40the authority refuse the application because they consider
that the specified area is not an appropriate area to be
designated 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
45designated (or to be designated) as neighbourhood areas.

(6) The authority may, in determining any application, modify
designations already made; but if a modification relates to any extent

to the area of a parish council, the modification may be made only
with the council’s consent.

(7) The areas designated as neighbourhood areas must not overlap with
each other.

(8) 5A local planning authority must publish a map setting out the areas
that are for the time being designated as neighbourhood areas.

(9) If 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
10specified in the application.

(11) Regulations may make provision in connection with the designation
of 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) 15as to the giving of notice and publicity in connection with
designations,

(c) as to consultation with and participation by the public in
relation to designations,

(d) as to the making and consideration of representations about
20designations (including the time by which representations
must be made),

(e) as to the form and content of applications for designations,

(f) requiring an application for a designation to be determined
by a prescribed date,

(g) 25entitling or requiring a local planning authority in prescribed
circumstances to decline to consider an application for a
designation, and

(h) about the modification of designations (including provision
about the consequences of modification on proposals for
30neighbourhood development orders, or on neighbourhood
development orders, that have already been made).

61H Neighbourhood 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
35consider whether they should designate the area concerned as a
business area.

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

(3) 40The power of a local planning authority to designate a
neighbourhood area as a business area is exercisable by the authority
only if, having regard to such matters as may be prescribed, they
consider that the area is wholly or predominantly business in nature.

(4) The map published by a local planning authority under section
4561G(8) must state which neighbourhood areas (if any) are for the
time being designated as business areas.