Localism Bill (HL Bill 100)

Meaning of “community organisation”

3 (1) For the purposes of this Schedule a “community organisation” is a
body corporate—

(a) which is established for the express purpose of furthering
5the social, economic and environmental well-being of
individuals living, or wanting to live, in a particular area,
and

(b) which meets such other conditions in relation to its
establishment or constitution as may be prescribed.

(2) 10Regulations under sub-paragraph (1)(b) may make provision in
relation to—

(a) the distribution of profits made by the body to its
members,

(b) the distribution of the assets of the body (in the event of its
15winding up or in any other circumstances),

(c) the membership of the body, and

(d) the control of the body (whether by the exercise of voting
rights or otherwise).

Proposals by community organisations for community right to build orders

4 (1) 20A community organisation is authorised for the purposes of a
community right to build order to act in relation to a
neighbourhood area (whether or not any part of the
neighbourhood area falls within the area of a parish council) if—

(a) the area mentioned in paragraph 3(1)(a) consists of or
25includes the neighbourhood area, and

(b) at the time the proposal for the order is made more than
half of the members of the organisation live in the
neighbourhood area.

(2) Accordingly, the community organisation is in that case to be
30regarded as a qualifying body for the purposes of section 61E.

(3) Nothing in section 61F is to apply in relation to community right
to build orders except subsections (12)(a) and (13)(d) of that
section.

(4) In particular, the reference in section 61F(10) to a neighbourhood
35development order is not to include a reference to a community
right to build order (in a case where a community organisation is
also a neighbourhood forum).

(5) But a local planning authority may decline to consider a proposal
for a community right to build order or other neighbourhood
40development order if—

(a) another proposal has been made for a community right to
build order or other neighbourhood development order,

(b) the other proposal is outstanding, and

(c) the authority consider that the development and site to
45which the proposals relate are the same or substantially the
same.

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

(7) A proposal for a community right to build order must state that
5the proposal is for such an order.

5 (1) A community organisation is to be regarded as a relevant body for
the purposes of section 61G if—

(a) the area specified in the application made by the
organisation consists of or includes the area mentioned in
10paragraph 3(1)(a), and

(b) at the time the application is made more than half of the
members of the organisation live in the area specified in
the application.

(2) The application made by the community organisation may specify
15any area within the local planning authority’s area, irrespective of
whether or not any part of the specified area falls within the area
of a parish council.

(3) This paragraph applies only if the application by the community
organisation under section 61G is made in connection with a
20proposal (or an anticipated proposal) for a community right to
build order.

Development likely to have significant effects on environment etc

6 (1) A local planning authority must decline to consider a proposal for
a community right to build order if they consider that—

(a) 25the specified development falls within Annex 2 to the EIA
directive and is likely to have significant effects on the
environment by virtue of factors such as its nature, size or
location, or

(b) the specified development is likely to have significant
30effects on a qualifying European site (whether alone or in
combination with other plans or projects) and is not
directly connected with or necessary to the management of
that site.

(2) In determining whether or not the specified development is
35within sub-paragraph (1)(a), the authority must take into account
any relevant criteria mentioned in Annex 3 to the EIA directive.

(3) If the authority decline to consider the proposal as a result of sub-
paragraph (1), they must notify the community organisation
making the proposal of that fact and of their reasons for declining
40to consider it.

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

(5) In this paragraph—

• 45“the EIA directive” means Council Directive 85/337/EEC on
  the assessment of the effects of certain public and private

  Localism BillPage 372

  projects on the environment (as amended from time to
  time),

• “qualifying European site” means—

  (a)

  a European offshore marine site within the meaning
  5of 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
  2010, and

• 10“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 15Any reference in that Schedule to section 61E(2) includes a
reference 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 sub-paragraphs (2) to (5) of this paragraph
20is to have effect instead of paragraph 12(4) to (6) and (10) of that
Schedule.

(2) If 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
25submitted to a referendum (with or without modifications), a
referendum in accordance with paragraph 14 of that Schedule
must 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
30the examiner’s report recommended be submitted to a
referendum subject to such modifications (if any) as the authority
consider appropriate.

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

(a) modifications that the authority consider need to be made
35to secure that the order does not breach, and is otherwise
compatible with, EU obligations,

(b) modifications 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),
40and

(c) modifications for the purpose of correcting errors.

(6) In consequence of the provision made by sub-paragraphs (2) to (5)
of this paragraph—

(a) paragraph 12(7) to (9) of Schedule 4B have effect as if the
45words “(or referendums are)” were omitted, and

(b) that Schedule has effect as if paragraph 15 (and references
to that paragraph) were omitted.

(7) Any reference in this Act or any other enactment to paragraph 12
of Schedule 4B includes a reference to that paragraph as modified
5in accordance with this paragraph.

Use of land

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

(a) an enfranchisement right is not exercisable in relation to
10land 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
land is subject to modifications provided for by the
regulations.

(2) 15Each 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),

(b) the right under Chapter 1 of Part 1 of the Leasehold
Reform, Housing and Urban Development Act 1993
20(collective enfranchisement in case of tenants of flats), and

(c) the right under section 180 of the Housing and
Regeneration Act 2008 (right to acquire social housing).

(3) The regulations may—

(a) confer discretionary powers on the Secretary of State, a
25community organisation or any other specified person,
and

(b) require notice to be given in any case where, as a result of
the regulations, an enfranchisement right is not exercisable
or is exercisable subject to modifications.

30Different provision made by regulations for community right to build orders

12 (1) The provision that may be made by regulations under any
provision of this Act relating to neighbourhood development
orders includes different provision in relation to community right
to build orders.

(2) 35Sub-paragraph (1) is not to be read as limiting in any way the
generality of section 333(2A) (which provides that regulations
may make different provision for different purposes).”

Section 121

SCHEDULE 12 Neighbourhood planning: consequential amendments

40Town and Country Planning Act 1990

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

2 In section 56(3) (time when development begun)—

(a) after “sections” insert “61L(5) and (7),”, and

(b) for “and 94” substitute “, 94 and 108(3E)(c)(i)”.

3 In section 57(3) (extent of permission granted by development order), for “or
5a local development order” substitute “, a local development order or a
neighbourhood development order”.

4 In section 58(1)(a) (grant of planning permission by development order), for
“or a local development order” substitute “, a local development order or a
neighbourhood development order”.

5 10In section 62 (applications for planning permission), after subsection (2)
insert—

“(2A) In subsections (1) and (2) references to applications for planning
permission include references to applications for approval under
section 61L(2).”

6 15In section 65 (notice etc of applications for planning permission), after
subsection (3) insert—

“(3A) In subsections (1) and (3) references to any application for planning
permission or any applicant for such permission include references
to any application for approval under section 61L(2) or any applicant
20for such approval.”

7 (1) Section 69 (register of applications etc) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

“(ca) neighbourhood planning matters;”.

(3) In subsection (2)(b), after “order” insert “, neighbourhood planning matter”.

(4) 25After subsection (2) insert—

“(2A) For the purposes of subsections (1) and (2) “neighbourhood planning
matters” means—

(a) neighbourhood development orders;

(b) neighbourhood development plans (made under section 38A
30of the Planning and Compulsory Purchase Act 2004); and

(c) proposals for such orders or plans.”

8 (1) Section 71 (consultations in connection with determinations under s.70) is
amended as follows.

(2) After subsection (2) insert—

“(2ZA) 35In subsections (1) and (2) references to an application for planning
permission include references to an application for approval under
section 61L(2).”

(3) After subsection (3) insert—

“(3A) Subsection (3) does not apply in relation to planning permission
40granted by a neighbourhood development order.”

9 In section 74 (directions etc as to method of dealing with applications), after

subsection (1) insert—

“(1ZA) In subsection (1)—

(a) in paragraph (c) the reference to planning permission for any
development includes a reference to an approval under
5section 61L(2), and

(b) in paragraph (f) references to applications for planning
permission include references to applications for approvals
under section 61L(2).”

10 In section 77(1) (certain applications to be referred to the Secretary of State),
10for “or a local development order” substitute “, a local development order or
a neighbourhood development order”.

11 In section 78(1)(c) (right of appeal in relation to certain planning directions),
for “or a local development order” substitute “, a local development order or
a neighbourhood development order”.

12 15In section 88(9) (grant of planning permission in enterprise zone), for “or a
local development order” substitute “, a local development order or a
neighbourhood development order”.

13 In section 91(4)(a) (no limit to duration of planning permission granted by
development order), for “or a local development order” substitute “, a local
20development order or a neighbourhood development order”.

14 In section 94(1) (termination of planning permission by reference to time
limit: completion notices), at the end of paragraph (c) insert “, or

(d) a planning permission under a neighbourhood development
order is subject to a condition that the development to which
25the permission relates must be begun before the expiration of
a particular period, that development has been begun within
that period, but that period has elapsed without the
development having been completed.”

15 (1) Section 108 (compensation for refusal or conditional grant of planning
30permission formerly granted by development order or local development
order) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “or a local development order” substitute “, a
local development order or a neighbourhood development order”,
35and

(b) in the words after paragraph (b), for “or a local development order”
substitute “, the local development order or the neighbourhood
development order”.

(3) In subsection (2), for “or a local development order” substitute “, a local
40development order or a neighbourhood development order”.

(4) In subsection (3B), at the end insert—

“(c) in the case of planning permission granted by a
neighbourhood development order, the condition in
subsection (3E) is met.”

(5) 45After subsection (3D) insert—

“(3E) The condition referred to in subsection (3B)(c) is that—

(a) the planning permission is withdrawn by the revocation of
the neighbourhood development order,

(b) notice of the revocation was published in the prescribed
manner not less than 12 months or more than the prescribed
5period before the revocation took effect, and

(c) either—

(i) the development authorised by the neighbourhood
development order had not begun before the notice
was published, or

(ii) 10section 61L(7) applies in relation to the development.”

(6) In the title, for “or a local development order” substitute “, local
development order or neighbourhood development order”.

16 In section 109(6) (apportionment of compensation for depreciation), in the
definition of “relevant planning permission”, for “or a local development
15order” substitute “, the local development order or the neighbourhood
development order”.

17 In section 171H(1)(a) (temporary stop notice: compensation), for “a
development order or local development order” substitute “by a
development order, a local development order or a neighbourhood
20development order”.

18 In section 197 (planning permission to include appropriate provision for
preservation and planting of trees), at the end insert—

“Nothing in this section applies in relation to neighbourhood
development orders.”

19 25In section 253(2)(c) (cases in which certain procedures may be carried out in
anticipation of planning permission), for “or a local development order”
substitute “, a local development order or a neighbourhood development
order”.

20 In section 264(5) (land treated not as operational land)—

(a) 30in paragraph (b), omit “or a local development order”, and

(b) after paragraph (c) (but before the “or” at the end of the paragraph)
insert—

“(ca) granted by a local development order or a
neighbourhood development order;”.

21 (1) 35Section 324 (rights of entry) is amended as follows.

(2) In subsection (1), after paragraph (a) insert—

“(aa) the preparation, making, modification or revocation of a
neighbourhood development plan under Part 3 of that Act;”.

(3) After that subsection insert—

“(1A) 40For the purposes of subsection (1)(c) the reference to a proposal by
the local planning authority to make any order under Part 3 includes
a reference to a proposal submitted (or to be submitted) to the
authority for the making by them of a neighbourhood development
order.”

22 (1) 45Section 333 (regulations and orders) is amended as follows.

(2) In subsection (3) (regulations to be subject to annulment) after “except
regulations under section 88” insert “or paragraph 15(5) or 16 of Schedule
4B”.

(3) After that subsection insert—

“(3A) 5No regulations may be made under paragraph 15(5) or 16 of
Schedule 4B unless a draft of the instrument containing the
regulations has been laid before, and approved by a resolution of,
each House of Parliament.”

23 In paragraph 1A of Schedule 13 (blighted land: land allocated for public
10authority functions in development plans etc)—

(a) after “for the area in which the land is situated” insert “or by a
neighbourhood development plan for the area in which the land is
situated”,

(b) after Note (2) insert—

“(2A) 15For the purposes of this paragraph a neighbourhood
development plan includes a draft of a neighbourhood
development plan which has been submitted for
examination under paragraph 7(2) of Schedule 4B (as
applied by section 38A(3) of the 2004 Act).”, and

(c) 20after Note (5) insert—

“(6) Note (2A) does not apply if the proposal for the draft plan
is withdrawn under paragraph 2 of Schedule 4B (as
applied by section 38A(3) of the 2004 Act) at any time after
the draft plan has been submitted for examination.”

25Planning (Listed Buildings and Conservation Areas) Act 1990

24 The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows.

25 In section 66 (general duty as respects listed buildings in exercise of
planning functions), at the end insert—

“(4) 30Nothing in this section applies in relation to neighbourhood
development orders.”

26 In section 72 (general duty as respects conservation areas in exercise of
planning functions), at the end insert—

“(4) Nothing in this section applies in relation to neighbourhood
35development orders.”

Planning and Compulsory Purchase Act 2004

27 The Planning and Compulsory Purchase Act 2004 is amended as follows.

28 In section 18 (statement of community involvement), after subsection (2)
insert—

“(2A) 40The reference in subsection (2) to functions under Part 3 of the
principal Act does not include functions under any provision of that
Act relating to neighbourhood development orders (including any
function under any of sections 61F to 61H).”

29 In section 40(2) (local development orders), omit paragraphs (b) to (k).

30 In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “or 3”.

Housing and Regeneration Act 2008

31 In section 13(5) of the Housing and Regeneration Act 2008 (power of
5Secretary of State to make designation orders)—

(a) in paragraph (a) of the definition of “local planning authority”, after
“Part 2” insert “or 3”, and

(b) in paragraph (c) of the definition of “permitted purposes”, after “Part
2” insert “or 3”.

Section 128

10SCHEDULE 13 Infrastructure Planning Commission: transfer of functions to Secretary of
State

Part 1 Amendments of the Planning Act 2008

15Introductory

1 The Planning Act 2008 is amended as follows.

Abolition of Infrastructure Planning Commission

2 Omit sections 1 to 3 and Schedule 1 (establishment and governance of
Commission and conduct and interests of Commissioners).

20Fees

3 (1) Amend section 4 (regulations setting fees for performance of Commission’s
functions) as follows.

(2) In subsection (1) for “charging of fees by the Commission in connection with
the performance of any of its functions” substitute “charging of fees by the
25Secretary of State in connection with the performance of any of the Secretary
of State’s major-infrastructure functions”.

(3) In subsection (3) (power to set fees calculated by reference to costs
incurred)—

(a) for “incurred by the Commission” substitute “incurred by the
30Secretary of State”, and

(b) for “its functions” (in both places) substitute “the Secretary of State’s
major-infrastructure functions”.

(4) After subsection (3) insert—

“(4) In this section “the Secretary of State’s major-infrastructure
35functions” means—

(a) the Secretary of State’s functions under Parts 2 to 8 and under
Part 12 so far as applying for the purposes of those Parts,

(b) the giving of advice to which section 51 applies, and

(c) the Secretary of State’s functions, in relation to proposed
applications for orders granting development consent, under
statutory provisions implementing—

(i) 5Council Directive 85/337/EC on the assessment of
the effects of certain public and private projects on the
environment, as amended from time to time, or

(ii) provisions of an EU instrument which from time to
time replace provisions of that Directive.

(5) 10In subsection (4)(c) “statutory provision” means a provision of an Act
or of an instrument made under an Act.”

(5) In the heading of Part 1 for “The Infrastructure Planning Commission”
substitute “Infrastructure planning: fees”.

Directions referring applications for other consents to Commission

4 15In section 35(6) (relevant authority must refer application to Commission)
for “Commission” substitute “Secretary of State”.

Applications for orders granting development consent

5 (1) Amend section 37 (applications to be made to Commission, which may give
guidance about their contents and set standards for them) as follows.

(2) 20For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsection (6) for “it” substitute “the Secretary of State”.

Model provisions for incorporation in draft orders

6 Omit section 38 (Secretary of State may prescribe non-compulsory model
provisions).

25Register of applications

7 (1) Amend section 39 (Commission to maintain and give access to register of
applications) as follows.

(2) For “Commission” (in each place) substitute “Secretary of State”.

(3) In subsections (1) and (2) for “it” substitute “the Secretary of State”.

30Notification of proposed application

8 (1) Amend section 46 (duty to notify Commission of proposed application) as
follows.

(2) In subsection (1) for “Commission” (in each place) substitute “Secretary of
State”.

(3) 35In the heading for “Commission” substitute “Secretary of State”.