Localism Bill

House of Commons

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 9 — Neighbourhood planning
Part 2 — Neighbourhood development plans
298

(c)
as 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
5
as 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).
(9)
The authority must publish in such manner as may be prescribed—
10
(a)
their decision to act under subsection (4) or (6),
(b)
their reasons for making that decision, and
(c)
such other matters relating to that decision as may be
prescribed.
(10)
The authority must send a copy of the matters required to be
15
published to—
(a)
the qualifying body that initiated the process for the making
of the plan, and
(b)
such other persons as may be prescribed.
(11)
If a neighbourhood development plan is in force in relation to a
20
neighbourhood area—
(a)
a qualifying body may make a proposal for the existing plan
to be replaced by a new one, and
(b)
the process for the making of the replacement plan is the
same as the process for the making of the existing plan.
25
(12)
For the purposes of this section—
“local planning authority” has the same meaning as it has in
Part 2 (see section 37), but the Broads Authority are to be the
only local planning authority for the Broads,
“neighbourhood area” has the meaning given by section 61G of
30
the principal Act,
“prescribed” means prescribed by regulations made by the
Secretary of State, and
“qualifying body” means a parish council, or an organisation or
body designated as a neighbourhood forum, authorised for
35
the purposes of a neighbourhood development plan to act in
relation to a neighbourhood area as a result of section 61F of
the principal Act, as applied by section 38C of this Act.
38B
Provision that may be made by neighbourhood development plans
(1)
A neighbourhood development plan—
40
(a)
must specify the period for which it is to have effect,
(b)
may not include provision about development that is
excluded development, and
(c)
may not relate to more than one neighbourhood area.
(2)
If to any extent a policy set out in a neighbourhood development
45
plan conflicts with any other statement or information in the plan,
the conflict must be resolved in favour of the policy.

Localism Bill
Schedule 9 — Neighbourhood planning
Part 2 — Neighbourhood development plans
299

(3)
Regulations made by the Secretary of State may make provision—
(a)
restricting the provision that may be included in
neighbourhood development plans about the use of land,
(b)
requiring neighbourhood development plans to include such
matters as are prescribed in the regulations, and
5
(c)
prescribing the form of neighbourhood development plans.
(4)
A local planning authority must publish each neighbourhood
development plan that they make in such manner as may be
prescribed by regulations made by the Secretary of State.
(5)
Section 61I of the principal Act (meaning of “excluded
10
development”) is to apply for the purposes of subsection (1)(b).
38C
Supplementary provisions
(1)
The following provisions of the principal Act are to apply in relation
to neighbourhood development plans.
(2)
The provisions to be applied are—
15
(a)
section 61F (authorisation to act in relation to neighbourhood
areas),
(b)
section 61K (revocation or modification of neighbourhood
development orders),
(c)
section 61L (legal challenges),
20
(d)
section 61M (guidance), and
(e)
section 61N (provision as to the making of certain decisions
by local planning authorities).
(3)
Section 61K of the principal Act is to apply in accordance with
subsection (2) of this section as if the words “by order” (wherever
25
occurring) were omitted.
(4)
Section 61L(1) of the principal Act is to apply in accordance with
subsection (2) of this section as if the reference to section 61E(4) or (8)
of that Act were a reference to section 38A(4) or (6) of this Act.
(5)
Schedule 4B to the principal Act is to apply in accordance with
30
38A(3) of this Act with the following modifications—
(a)
the reference to section 61E(8) of the principal Act is to be
read as a reference to section 38A(6) of this Act,
(b)
references to the provision made by or under sections 61E(2),
61H and 61J of the principal Act are to be read as references
35
to the provision made by or under sections 38A and 38B of
this Act, and
(c)
references to section 61J(2)(b) or (5) of the principal Act are to
be disregarded.
(6)
Regulations under section 61G(11) of the principal Act (designation
40
of areas as neighbourhood areas) may include provision about the
consequences of the modification of designations on proposals for
neighbourhood development plans, or on neighbourhood
development plans, that have already been made.
(7)
The fact that the list of applied provisions includes section 61L(2) and
45
(3) of the principal Act is not to affect the operation of section 20(2) of

Localism Bill
Schedule 10 — Process for making of neighbourhood development orders
300

the Interpretation Act 1978 in relation to other references to
enactments applied in accordance with this section.”
Schedule 10
Section 96

Process for making of neighbourhood development orders

This is the Schedule to be inserted as Schedule 4B to the Town and Country
5
Planning Act 1990—
“Schedule 4B
Section 61E

Process for making of neighbourhood development orders
Proposals for neighbourhood development orders
1     (1)
A qualifying body is entitled to submit a proposal to a local
10
planning authority for the making of a neighbourhood
development order.
      (2)
The proposal must be accompanied by—
(a)
a draft of the order, and
(b)
a statement which contains a summary of the proposals
15
and sets out the reasons why an order should be made in
the proposed terms.
      (3)
The proposal must—
(a)
be made in the prescribed form, and
(b)
be accompanied by other documents and information of a
20
prescribed description.
      (4)
The qualifying body must send to prescribed persons a copy of—
(a)
the proposal,
(b)
the draft neighbourhood development order, and
(c)
such of the other documents and information
25
accompanying the proposal as may be prescribed.
      (5)
The Secretary of State may publish a document setting standards
for—
(a)
the preparation of a draft neighbourhood development
order and other documents accompanying the proposal,
30
(b)
the coverage in any document accompanying the proposal
of a matter falling to be dealt with in it, and
(c)
all or any of the collection, sources, verification, processing
and presentation of information accompanying the
proposal.
35
      (6)
The documents and information accompanying the proposal
(including the draft neighbourhood development order) must
comply with those standards.
2
A qualifying body may withdraw a proposal at any time before
the local planning authority make a decision under paragraph 12.
40

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Schedule 10 — Process for making of neighbourhood development orders
301

Advice and assistance in connection with proposals
3     (1)
A local planning authority must give such advice or assistance to
qualifying bodies as, in all the circumstances, they consider
appropriate for the purpose of, or in connection with, facilitating
the making of proposals for neighbourhood development orders.
5
      (2)
Nothing in this paragraph is to be read as requiring the giving of
financial assistance.
Requirements to be complied with before proposals made or considered
4     (1)
Regulations may make provision as to requirements that must be
complied with before proposals for a neighbourhood
10
development order may be submitted to a local planning
authority or fall to be considered by a local planning authority.
      (2)
The regulations may in particular make provision—
(a)
as to the giving of notice and publicity,
(b)
as to the information and documents that are to be made
15
available to the public,
(c)
as to the making of reasonable charges for anything
provided as a result of the regulations,
(d)
as to consultation with and participation by the public,
(e)
as to the making and consideration of representations
20
(including the time by which they must be made),
(f)
requiring prescribed steps to be taken before a proposal of
a prescribed description falls to be considered by a local
planning authority, and
(g)
conferring powers or imposing duties on local planning
25
authorities, the Secretary of State or other public
authorities.
Consideration of proposals by authority
5     (1)
A local planning authority may decline to consider a proposal
submitted to them if they consider that it is a repeat proposal.
30
      (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)
the authority have refused a proposal under paragraph 12
35
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
question has been held under this Schedule and half or less
40
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.

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Schedule 10 — Process for making of neighbourhood development orders
302

      (5)
For 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
5
in 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
10
to 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
15
paragraph 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
20
61F,
(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
25
development 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.
30
      (3)
The authority must also consider whether the draft
neighbourhood development order complies with the provision
made by or under sections 61E(2), 61H and 61J.
      (4)
The authority must—
(a)
notify the qualifying body as to whether or not they are
35
satisfied that the matters mentioned in sub-paragraphs (2)
and (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.
40
Independent examination
7     (1)
This 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
45
been met or complied with.
      (2)
The authority must submit for independent examination—

Localism Bill
Schedule 10 — Process for making of neighbourhood development orders
303

(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)
The authority may appoint a person to carry out the examination,
5
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)
the Secretary of State considers that it is expedient for an
10
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
person making the appointment—
15
(a)
is independent of the qualifying body and the authority,
(b)
is not an employee of the Crown or of an authority with
local government functions,
(c)
does not have an interest in any land that may be affected
by the draft order, and
20
(d)
has appropriate qualifications and experience.
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
25
by or under sections 61E(2), 61H and 61J,
(c)
whether any period specified under section 61J(2)(b) or (5)
is appropriate,
(d)
whether the area for any referendum should extend
beyond the neighbourhood area to which the draft order
30
relates, 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
35
to make the order,
(b)
the 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),
(c)
the making of the order does not breach, and is otherwise
40
compatible with, EU obligations, and
(d)
prescribed conditions are met in relation to the order and
prescribed matters have been complied with in connection
with the proposal for the order.
      (3)
The examiner is not to consider any matter that does not fall
45
within sub-paragraph (1) (apart from considering whether the
draft order is compatible with the Convention rights).

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Schedule 10 — Process for making of neighbourhood development orders
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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
of receiving oral representations about a particular issue at the
5
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
chance to put a case, or
10
(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)
the local planning authority,
15
(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)
It is for the examiner to decide how the hearing is to be conducted,
20
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)
the amount of time for the making of a person’s oral
25
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
the examiner considers that questioning by another is necessary to
30
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)
The examiner must make a report on the draft order containing
35
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)
that modifications specified in the report are made to the
40
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)
modifications that the examiner considers need to be made
45
to secure that the draft order meets the basic conditions
mentioned in paragraph 8(2),