Localism Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 11 — Neighbourhood planning: community right to build orders
312

proposal (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—
5
(a)
the 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
10
effects 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
15
within 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
20
to 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—
25
“the EIA directive” means Council Directive 85/337/EEC on
the assessment of the effects of certain public and private
projects on the environment (as amended from time to
time),
“qualifying European site” means—
30
(a)
a European offshore marine site within the meaning
of 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
35
2010, and
“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
40
community right to build orders with the following modifications.
8
Any 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.
45

Localism Bill
Schedule 11 — Neighbourhood planning: community right to build orders
313

10    (1)
The provision made by this paragraph is 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
5
submitted 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 neighbourhood
development order.
      (4)
The order on which the referendum is to be held is the order that
10
the 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
15
to 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),
20
and
(c)
modifications for the purpose of correcting errors.
Use of land
11    (1)
Regulations may make provision for securing that in prescribed
circumstances—
25
(a)
an enfranchisement right is not exercisable in relation to
land 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
30
regulations.
      (2)
Each 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
35
Reform, Housing and Urban Development Act 1993
(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—
40
(a)
confer discretionary powers on the Secretary of State, a
community organisation or any other specified person,
and
(b)
require notice to be given by a community organisation in
any case where, as a result of the regulations, an
45
enfranchisement right is not exercisable or is exercisable
subject to modifications.

Localism Bill
Schedule 12 — Neighbourhood planning: consequential amendments
314

Different 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.
5
      (2)
Sub-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).”
Schedule 12
Section 101

Neighbourhood planning: consequential amendments
10
Town and Country Planning Act 1990
1
The Town and Country Planning Act 1990 is amended as follows.
2
In section 57(3) (extent of permission granted by development order), for “or
a local development order” substitute “, a local development order or a
neighbourhood development order”.
15
3
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”.
4
In section 62 (applications for planning permission), after subsection (2)
insert—
20
“(2A)
In subsections (1) and (2) references to applications for planning
permission include references to applications for approval under
section 61J(2).”
5
In section 65 (notice etc of applications for planning permission), after
subsection (3) insert—
25
“(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 61J(2) or any applicant
for such approval.”
6     (1)
Section 69 (register of applications etc) is amended as follows.
30
      (2)
In subsection (1), after paragraph (c) insert—
“(ca)
neighbourhood planning matters;”.
      (3)
In subsection (2)(b), after “order” insert “, neighbourhood planning matter”.
      (4)
After subsection (2) insert—
“(2A)
For the purposes of subsections (1) and (2) “neighbourhood planning
35
matters” means—
(a)
neighbourhood development orders;
(b)
neighbourhood development plans (made under section 38A
of the Planning and Compulsory Purchase Act 2004); and

Localism Bill
Schedule 12 — Neighbourhood planning: consequential amendments
315

(c)
proposals for such orders or plans.”
7     (1)
Section 71 (consultations in connection with determinations under s.70) is
amended as follows.
      (2)
After subsection (2) insert—
“(2ZA)
In subsections (1) and (2) references to an application for planning
5
permission include references to an application for approval under
section 61J(2).”
      (3)
After subsection (3) insert—
“(3A)
Subsection (3) does not apply in relation to planning permission
granted by a neighbourhood development order.”
10
8
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
15
section 61J(2), and
(b)
in paragraph (f) references to applications for planning
permission include references to applications for approvals
under section 61J(2).”
9
In section 77(1) (certain applications to be referred to the Secretary of State),
20
for “or a local development order” substitute “, a local development order or
a neighbourhood development order”.
10
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”.
25
11
In 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”.
12
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
30
development order or a neighbourhood development order”.
13
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
35
the 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.”
14    (1)
Section 108 (compensation for refusal or conditional grant of planning
40
permission formerly granted by development order or local development
order) is amended as follows.
      (2)
In subsection (1)—

Localism Bill
Schedule 12 — Neighbourhood planning: consequential amendments
316

(a)
in paragraph (a), for “or a local development order” substitute “, a
local development order or a neighbourhood development order”,
and
(b)
in the words after paragraph (b), for “or a local development order”
substitute “, the local development order or the neighbourhood
5
development order”.
      (3)
In subsection (2), for “or a local development order” substitute “, a local
development order or a neighbourhood development order”.
      (4)
In subsection (3B), at the end insert—
“(c)
in the case of planning permission granted by a
10
neighbourhood development order, the condition in
subsection (3E) is met.”
      (5)
After subsection (3D) insert—
“(3E)
The condition referred to in subsection (3B)(c) is that—
(a)
the planning permission is withdrawn by the revocation of
15
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
period before the revocation took effect, and
(c)
either—
20
(i)
the development authorised by the neighbourhood
development order had not started before the notice
was published, or
(ii)
section 61J(7) applies in relation to the development.”
      (6)
In the title, for “or a local development order” substitute “, local
25
development order or neighbourhood development order”.
15
In section 109(6) (apportionment of compensation for depreciation), in the
definition of “relevant planning permission”, for “or a local development
order” substitute “, the local development order or the neighbourhood
development order”.
30
16
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
development order”.
17
In section 197 (planning permission to include appropriate provision for
35
preservation and planting of trees), at the end insert—

“Nothing in this section applies in relation to neighbourhood
development orders.”
18
In section 253(2)(c) (cases in which certain procedures may be carried out in
anticipation of planning permission), for “or a local development order”
40
substitute “, a local development order or a neighbourhood development
order”.
19
In section 264(5) (land treated not as operational land)—
(a)
in paragraph (b), omit “or a local development order”, and
(b)
after paragraph (c) (but before the “or” at the end of the paragraph)
45

Localism Bill
Schedule 12 — Neighbourhood planning: consequential amendments
317

insert—
“(ca)
granted by a local development order or a
neighbourhood development order;”.
20    (1)
Section 324 (rights of entry) is amended as follows.
      (2)
In subsection (1), after paragraph (a) insert—
5
“(aa)
the preparation, making, modification or revocation of a
neighbourhood development plan under Part 3 of that Act;”.
      (3)
After that subsection insert—
“(1A)
For the purposes of subsection (1)(c) the reference to a proposal by
the local planning authority to make any order under Part 3 includes
10
a reference to a proposal submitted (or to be submitted) to the
authority for the making by them of a neighbourhood development
order.”
21
In paragraph 1A of Schedule 13 (blighted land: land allocated for public
authority functions in development plans etc)—
15
(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)
For the purposes of this paragraph a neighbourhood
20
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)
after Note (5) insert—
25
    “(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.”
Planning (Listed Buildings and Conservation Areas) Act 1990
30
22
The Planning (Listed Buildings and Conservation Areas) Act 1990 is
amended as follows.
23
In section 66 (general duty as respects listed buildings in exercise of
planning functions), at the end insert—
“(4)
Nothing in this section applies in relation to neighbourhood
35
development orders.”
24
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
development orders.”
40
Planning and Compulsory Purchase Act 2004
25
The Planning and Compulsory Purchase Act 2004 is amended as follows.

Localism Bill
Schedule 13 — Infrastructure Planning Commission: transfer of functions to Secretary of State
Part 1 — Amendments of the Planning Act 2008
318

26
In section 18 (statement of community involvement), after subsection (2)
insert—
“(2A)
The 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
5
function under section 61F or 61G).”
27
In section 40(2) (local development orders), omit paragraphs (b) to (k).
28
In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “or 3”.
Housing and Regeneration Act 2008
29
In section 13(5) of the Housing and Regeneration Act 2008 (power of
10
Secretary 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”.
15
Schedule 13
Section 107

Infrastructure Planning Commission: transfer of functions to Secretary of
State
Part 1
Amendments of the Planning Act 2008
20
Introductory
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).
25
Fees
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
30
Secretary 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
35
Secretary of State”, and