Localism Bill (HL Bill 100)

(ii) a summary of the main issues raised, and

(iii) any other information of a prescribed description.

Consideration of proposals by authority

5 (1) A local planning authority may decline to consider a proposal
5submitted to them if they consider that it is a repeat proposal.

(2) A proposal (“the proposal in question”) is a “repeat” proposal for
the purposes of this paragraph if it meets conditions A and B.

(3) Condition A is that in the period of two years ending with the date
on which the proposal in question is received—

(a) 10the authority have refused a proposal under paragraph 12
or section 61E(8) that is the same as or similar to the
proposal in question, or

(b) a referendum on an order relating to a proposal under this
Schedule that is the same as or similar to the proposal in
15question has been held under this Schedule and half or less
than half of those voting voted in favour of the order.

(4) Condition B is that the local planning authority consider that there
has been no significant change in relevant considerations since the
refusal of the proposal or the holding of the referendum.

(5) 20For the purposes of this paragraph “relevant considerations”
means—

(a) national policies and advice contained in guidance issued
by the Secretary of State that are relevant to the draft
neighbourhood development order to which the proposal
25in question relates, and

(b) the strategic policies contained in the development plan
for the area of the authority (or any part of that area).

(6) If the authority decline to consider the proposal, they must notify
the qualifying body of that fact and of their reasons for declining
30to consider it.

6 (1) This paragraph applies if—

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

(b) the authority have not exercised their powers under
35paragraph 5 to decline to consider it.

(2) The authority must consider—

(a) 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
4061F,

(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
45development 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) The authority must also consider whether the draft
5neighbourhood development order complies with the provision
made by or under sections 61E(2), 61J and 61L.

(4) The authority must—

(a) notify the qualifying body as to whether or not they are
satisfied that the matters mentioned in sub-paragraphs (2)
10and (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.

Independent examination

7 (1) 15This 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
been met or complied with.

(2) 20The 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
appropriate in connection with the holding of the examination.

(4) 25The 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
appointed under sub-paragraph (4), and

(b) 30the 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) The person appointed must be someone who, in the opinion of the
35person 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) has appropriate qualifications and experience.

(7) 40The Secretary of State or another local planning authority may
enter into arrangements with the authority for the provision of the
services of any of their employees as examiners.

(8) Those arrangements may include—

(a) provision requiring payments to be made by the authority
to the Secretary of State or other local planning authority,
and

(b) other provision in relation to those payments and other
5financial matters.

8 (1) The examiner must consider the following—

(a) whether the draft neighbourhood development order
meets the basic conditions (see sub-paragraph (2)),

(b) whether the draft order complies with the provision made
10by or under sections 61E(2), 61J and 61L,

(c) whether any period specified under section 61L(2)(b) or (5)
is appropriate,

(d) whether the area for any referendum should extend
beyond the neighbourhood area to which the draft order
15relates, and

(e) such other matters as may be prescribed.

(2) A draft order meets the basic conditions if—

(a) having regard to national policies and advice contained in
guidance issued by the Secretary of State, it is appropriate
20to make the order,

(b) having special regard to the desirability of preserving any
listed building or its setting or any features of special
architectural or historic interest that it possesses, it is
appropriate to make the order,

(c) 25having special regard to the desirability of preserving or
enhancing the character or appearance of any conservation
area, it is appropriate to make the order,

(d) the making of the order contributes to the achievement of
sustainable development,

(e) 30the making of the order is in general conformity with the
strategic policies contained in the development plan for
the area of the authority (or any part of that area),

(f) the making of the order does not breach, and is otherwise
compatible with, EU obligations, and

(g) 35prescribed conditions are met in relation to the order and
prescribed matters have been complied with in connection
with the proposal for the order.

(3) Sub-paragraph (2)(b) applies in relation to a listed building only in
so far as the order grants planning permission for development
40that affects the building or its setting.

(4) Sub-paragraph (2)(c) applies in relation to a conservation area
only in so far as the order grants planning permission for
development in relation to buildings or other land in the area.

(5) In this paragraph “listed building” has the same meaning as in the
45Planning (Listed Buildings and Conservation Areas) Act 1990.

(6) The examiner is not to consider any matter that does not fall
within sub-paragraph (1) (apart from considering whether the
draft order is compatible with the Convention rights).

9 (1) The general rule is that the examination of the issues by the
examiner is to take the form of the consideration of written
representations.

(2) But the examiner must cause a hearing to be held for the purpose
5of receiving oral representations about a particular issue at the
hearing—

(a) in any case where the examiner considers that the
consideration of oral representations is necessary to ensure
adequate examination of the issue or a person has a fair
10chance to put a case, or

(b) in such other cases as may be prescribed.

(3) The following persons are entitled to make oral representations
about the issue at the hearing—

(a) the qualifying body,

(b) 15the local planning authority,

(c) where the hearing is held to give a person a fair chance to
put a case, that person, and

(d) such other persons as may be prescribed.

(4) The hearing must be in public.

(5) 20It is for the examiner to decide how the hearing is to be conducted,
including—

(a) whether a person making oral representations may be
questioned by another person and, if so, the matters to
which the questioning may relate, and

(b) 25the amount of time for the making of a person’s oral
representations or for any questioning by another person.

(6) In making decisions about the questioning of a person’s oral
representations by another, the examiner must apply the principle
that the questioning should be done by the examiner except where
30the examiner considers that questioning by another is necessary to
ensure—

(a) adequate examination of a particular issue, or

(b) a person has a fair chance to put a case.

(7) Sub-paragraph (5) is subject to regulations under paragraph 11.

10 (1) 35The examiner must make a report on the draft order containing
recommendations in accordance with this paragraph (and no
other recommendations).

(2) The report must recommend either—

(a) that the draft order is submitted to a referendum, or

(b) 40that modifications specified in the report are made to the
draft order and that the draft order as modified is
submitted to a referendum, or

(c) that the proposal for the order is refused.

(3) The only modifications that may be recommended are—

(a) 45modifications that the examiner considers need to be made
to secure that the draft order meets the basic conditions
mentioned in paragraph 8(2),

(b) modifications that the examiner considers need to be made
to secure that the draft order is compatible with the
Convention rights,

(c) modifications that the examiner considers need to be made
5to secure that the draft order complies with the provision
made by or under sections 61E(2), 61J and 61L,

(d) modifications specifying a period under section 61L(2)(b)
or (5), and

(e) modifications for the purpose of correcting errors.

(4) 10The report may not recommend that an order (with or without
modifications) is submitted to a referendum if the examiner
considers that the order does not—

(a) meet the basic conditions mentioned in paragraph 8(2), or

(b) comply with the provision made by or under sections
1561E(2), 61J and 61L.

(5) If the report recommends that an order (with or without
modifications) is submitted to a referendum, the report must also
make—

(a) a recommendation as to whether the area for the
20referendum should extend beyond the neighbourhood
area to which the order relates, and

(b) if a recommendation is made for an extended area, a
recommendation as to what the extended area should be.

(6) The report must—

(a) 25give reasons for each of its recommendations, and

(b) contain a summary of its main findings.

(7) The examiner must send a copy of the report to the qualifying
body and the local planning authority.

(8) The local planning authority must then arrange for the publication
30of the report in such manner as may be prescribed.

11 (1) Regulations may make provision in connection with examinations
under paragraph 7.

(2) The regulations may in particular make provision as to—

(a) the giving of notice and publicity in connection with an
35examination,

(b) the information and documents relating to an examination
that are to be made available to the public,

(c) the making of reasonable charges for anything provided as
a result of the regulations,

(d) 40the making of written or oral representations in relation to
draft neighbourhood development orders (including the
time by which written representations must be made),

(e) the written representations which are to be, or which may
be or may not be, considered at an examination,

(f) 45the refusal to allow oral representations of a prescribed
description to be made at a hearing,

(g) the procedure to be followed at an examination (including
the procedure to be followed at a hearing),

(h) the payment by a local planning authority of remuneration
and expenses of the examiner, and

(i) the award of costs by the examiner.

Consideration by authority of recommendations made by examiner etc

12 (1) 5This paragraph applies if an examiner has made a report under
paragraph 10.

(2) The local planning authority must—

(a) consider each of the recommendations made by the report
(and the reasons for them), and

(b) 10decide what action to take in response to each
recommendation.

(3) The authority must also consider such other matters as may be
prescribed.

(4) If the authority are satisfied—

(a) 15that the draft order meets the basic conditions mentioned
in paragraph 8(2), is compatible with the Convention
rights and complies with the provision made by or under
sections 61E(2), 61J and 61L, or

(b) that the draft order would meet those conditions, be
20compatible with those rights and comply with that
provision if modifications were made to the draft order
(whether or not recommended by the examiner),

a referendum in accordance with paragraph 14, and (if applicable)
an additional referendum in accordance with paragraph 15, must
25be held on the making by the authority of a neighbourhood
development order.

(5) The order on which the referendum is (or referendums are) to be
held is the draft order subject to such modifications (if any) as the
authority consider appropriate.

(6) 30The only modifications that the authority may make are—

(a) modifications that the authority consider need to be made
to secure that the draft order meets the basic conditions
mentioned in paragraph 8(2),

(b) modifications that the authority consider need to be made
35to secure that the draft order is compatible with the
Convention rights,

(c) modifications that the authority consider need to be made
to secure that the draft order complies with the provision
made by or under sections 61E(2), 61J and 61L,

(d) 40modifications specifying a period under section 61L(2)(b)
or (5), and

(e) modifications for the purpose of correcting errors.

(7) The area in which the referendum is (or referendums are) to take
place must, as a minimum, be the neighbourhood area to which
45the proposed order relates.

(8) If the authority consider it appropriate to do so, they may extend
the area in which the referendum is (or referendums are) to take

place to include other areas (whether or not those areas fall wholly
or partly outside the authority’s area).

(9) If the authority decide to extend the area in which the referendum
is (or referendums are) to take place, they must publish a map of
5that area.

(10) In any case where the authority are not satisfied as mentioned in
sub-paragraph (4), they must refuse the proposal.

(11) The authority must publish in such manner as may be
prescribed—

(a) 10the decisions they make under this paragraph,

(b) their reasons for making those decisions, and

(c) such other matters relating to those decisions as may be
prescribed.

(12) The authority must send a copy of the matters required to be
15published to—

(a) the qualifying body, and

(b) such other persons as may be prescribed.

13 (1) If—

(a) the local planning authority propose to make a decision
20which differs from that recommended by the examiner,
and

(b) the reason for the difference is (wholly or partly) as a result
of new evidence or a new fact or a different view taken by
the authority as to a particular fact,

25the authority must notify prescribed persons of their proposed
decision (and the reason for it) and invite representations.

(2) If the authority consider it appropriate to do so, they may refer the
issue to independent examination.

(3) Regulations may make provision about examinations under this
30paragraph (and the regulations may include any provision of a
kind mentioned in paragraph 11(2)).

(4) This paragraph does not apply in relation to recommendations in
relation to the area in which a referendum is to take place.

Referendum

14 (1) 35This paragraph makes provision in relation to a referendum that,
as a result of paragraph 12(4), must be held on the making of a
neighbourhood development order.

(2) A relevant council must make arrangements for the referendum to
take place in so much of their area as falls within the area (“the
40referendum area”) in which the referendum is to take place (as
determined under paragraph 12(7) and (8)).

(3) A “relevant council” means—

(a) a district council,

(b) a London borough council,

(c) a metropolitan district council, or

(d) a county council in relation to any area in England for
which there is no district council.

(4) 5A person is entitled to vote in the referendum if on the prescribed
date—

(a) the person is entitled to vote in an election of any
councillors of a relevant council any of whose area is in the
referendum area, and

(b) 10the person’s qualifying address for the election is in the
referendum area.

(5) Sub-paragraph (4) does not apply in relation to so much of the
referendum area as falls within the City of London.

(6) In that case a person is entitled to vote in the referendum if on the
15prescribed date—

(a) the person is entitled to vote in an Authority election, and

(b) the person’s qualifying address for the election is in the
City of London.

(7) For the purposes of this paragraph—

(a) 20“Authority election” has the same meaning as in the
Representation of the People Act 1983 (see section 203(1)),

(b) the Inner Temple and the Middle Temple are to be treated
as forming part of the City of London, and

(c) “qualifying address” has the same meaning as in the
25Representation of the People Act 1983 (see section 9).

15 (1) The additional referendum mentioned in paragraph 12(4) must be
held on the making of a neighbourhood development order if the
draft order relates to a neighbourhood area that has been
designated as a business area under section 61H.

(2) 30Sub-paragraph (2) of paragraph 14 is to apply in relation to the
additional referendum as it applies in relation to a referendum
under that paragraph.

(3) A person is entitled to vote in the additional referendum if on the
prescribed date—

(a) 35the person is a non-domestic ratepayer in the referendum
area, or

(b) the person meets such other conditions as may be
prescribed.

(4) “Non-domestic ratepayer” has the same meaning as in Part 4 of the
40Local Government Act 2003 (see section 59(1)).

(5) Regulations may make provision for excluding a person’s
entitlement to vote in the additional referendum.

16 (1) Regulations may make provision about referendums held under
paragraph 14 or 15.

(2) 45The regulations may in particular make provision—

(a) dealing with any case where there are two or more
relevant councils any of whose areas fall within the
referendum area,

(b) for only one relevant council to be subject to the duty to
5make arrangements for the referendum in a case within
paragraph (a),

(c) prescribing a date by which the referendum must be held
or before which it cannot be held,

(d) as to the question to be asked in the referendum and any
10explanatory material in relation to that question (including
provision conferring power on a local planning authority
to set the question and provide that material),

(e) as to the publicity to be given in connection with the
referendum,

(f) 15about the limitation of expenditure in connection with the
referendum,

(g) as to the conduct of the referendum,

(h) as to when, where and how voting in the referendum is to
take place,

(i) 20as to how the votes cast are to be counted,

(j) about certification as to the number of persons voting in
the referendum and as to the number of those persons
voting in favour of a neighbourhood development order,
and

(k) 25about the combination of polls at a referendum held under
paragraph 14 or 15 with polls at another referendum or at
any election.

(3) The regulations may apply or incorporate, with or without
modifications, any provision made by or under any enactment
30relating to elections or referendums.

(4) But where the regulations apply or incorporate (with or without
modifications) any provision that creates an offence, the
regulations may not impose a penalty greater than is provided for
in respect of that provision.

(5) 35Before making the regulations, the Secretary of State must consult
the Electoral Commission.

(6) In this paragraph “enactment” means an enactment, whenever
passed or made.

Interpretation

17 40In this Schedule—

• “the Convention rights” has the same meaning as in the
  Human Rights Act 1998, and

• “development plan”—

  (a)

  includes a development plan for the purposes of
  45paragraph 1 of Schedule 8 to the Planning and
  Compulsory Purchase Act 2004 (transitional
  provisions), but

  Localism BillPage 369

  (b)

  does not include so much of a development plan as
  consists of a neighbourhood development plan under
  section 38A of that Act.”

Section 116

SCHEDULE 11 5Neighbourhood planning: community right to build orders

This is the Schedule to be inserted as Schedule 4C to the Town and Country
Planning Act 1990—

Section 61Q

“Schedule 4C Community right to build orders

Introduction

1 (1) 10This Schedule makes special provision about a particular type of
neighbourhood development order, which is to be known as a
“community right to build order”.

(2) In their application to community right to build orders, the
provisions of this Act relating to neighbourhood development
15orders have effect subject to the provision made by or under this
Schedule.

(3) In its application to community organisations, section 61G
(meaning of “neighbourhood area”) has effect subject to the
provision made by this Schedule.

20Meaning of “community right to build order”

2 (1) A neighbourhood development order is a community right to
build order if—

(a) the order is made pursuant to a proposal made by a
community organisation,

(b) 25the order grants planning permission for specified
development in relation to a specified site in the specified
neighbourhood area, and

(c) the specified development does not exceed prescribed
limits.

(2) 30Regulations under sub-paragraph (1)(c) may prescribe a limit by
reference to—

(a) the area in which the development is to take place,

(b) the number or type of operations or uses of land
constituting the development, or

(c) 35any other factor.

(3) In this paragraph “specified” means specified in the community
right to build order.