Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
291

(9)
A 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.
(10)
Each 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.
(11)
Regulations—
(a)
may make provision in connection with proposals made by
qualifying bodies for neighbourhood development orders,
and
(b)
may make provision in connection with designations of
organisations or bodies as neighbourhood forums (including
provision of a kind mentioned in section 61G(11)(a) to (g)).
(12)
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
made 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, and
(c)
for determining when a proposal for a neighbourhood
development order is to be regarded as outstanding.
61G
Meaning of “neighbourhood area”
(1)
A “neighbourhood area” means an area within the area of a local
planning 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
as 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)
an 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)
in 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
of the area of a parish council.

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
292

(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
areas 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)
the 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
designated (or to be designated) as neighbourhood areas.
(6)
The authority may, in determining any application, modify
designations already made.
(7)
The areas designated as neighbourhood areas must not overlap with
each other.
(8)
A 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
specified 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)
as 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
designations (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)
entitling 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
neighbourhood development orders, or on neighbourhood
development orders, that have already been made).

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
293

61H
Provision that may be made by neighbourhood development order
(1)
A neighbourhood development order may make provision in
relation to—
(a)
all land in the neighbourhood area specified in the order,
(b)
any part of that land, or
(c)
a site in that area specified in the order.
(2)
A neighbourhood development order may not provide for the
granting of planning permission for any development that is
excluded development.
(3)
For the meaning of “excluded development”, see section 61I.
(4)
A neighbourhood development order may not grant planning
permission for any development in any particular case where
planning permission is already granted for that development in that
case.
(5)
A neighbourhood development order may not relate to more than
one neighbourhood area.
(6)
A neighbourhood development order may make different provision
for different cases or circumstances.
61I
Meaning of “excluded development”
  The following development is excluded development for the
purposes of section 61H—
(a)
development that consists of a county matter within
paragraph 1(1)(a) to (h) of Schedule 1,
(b)
development that consists of the carrying out of any
operation, or class of operation, prescribed under paragraph
1(j) of that Schedule (waste development) but that does not
consist of development of a prescribed description,
(c)
development that falls within Annex 1 to 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),
(d)
development that consists (whether wholly or partly) of a
nationally significant infrastructure project (within the
meaning of the Planning Act 2008),
(e)
prescribed development or development of a prescribed
description, and
(f)
development in a prescribed area or an area of a prescribed
description.
61J
Permission granted by neighbourhood development orders
(1)
Planning permission granted by a neighbourhood development
order may be granted—
(a)
unconditionally, or
(b)
subject to such conditions or limitations as are specified in the
order.
(2)
The conditions that may be specified include—

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
294

(a)
obtaining the approval of the local planning authority who
made the order but not of anyone else, and
(b)
provision specifying the period within which applications
must be made to a local planning authority for the approval
of the authority of any matter specified in the order.
(3)
Regulations may make provision entitling a parish council in
prescribed circumstances to require any application for approval
under subsection (2) of a prescribed description to be determined by
them instead of by a local planning authority.
(4)
The regulations may in particular make provision—
(a)
as to the procedure to be followed by parish councils in
deciding whether to determine applications for approvals
(including the time by which the decisions must be made),
(b)
requiring parish councils in prescribed circumstances to
cease determining applications for approvals,
(c)
conferring powers or imposing duties on local planning
authorities,
(d)
treating parish councils as local planning authorities (instead
of, or in addition to, the authorities) for the purposes of the
determination of applications for approvals (subject to such
exceptions or modifications in the application of any
enactment as may be prescribed),
(e)
applying any enactment relating to principal councils within
the meaning of section 270 of the Local Government Act 1972
for those purposes (with or without modifications), and
(f)
disapplying, or modifying the application of, any enactment
relating to parish councils for those purposes.
(5)
A neighbourhood development order may provide for the granting
of planning permission to be subject to the condition that the
development commences before the end of the period specified in
the order.
(6)
Regulations may make provision as to the periods that may be
specified in neighbourhood development orders under subsection
(5).
(7)
If—
(a)
planning permission granted by a neighbourhood
development order for any development is withdrawn by the
revocation of the order under section 61K, and
(b)
the revocation is made after the development has
commenced but before it has been completed,

the development may, despite the withdrawal of the permission, be
completed.
(8)
But an order under section 61K revoking a neighbourhood
development order may provide that subsection (7) is not to apply in
relation to development specified in the order under that section.
61K
Revocation or modification of neighbourhood development orders
(1)
The Secretary of State may by order revoke a neighbourhood
development order.

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
295

(2)
A local planning authority may, with the consent of the Secretary of
State, by order revoke a neighbourhood development order.
(3)
If a neighbourhood development order is revoked, the person
revoking the order must state the reasons for the revocation.
(4)
A local planning authority may at any time by order modify a
neighbourhood development order for the purpose of correcting
errors.
(5)
If the qualifying body that initiated the process for the making of that
order is still authorised at that time to act for the purposes of a
neighbourhood development order in relation to the neighbourhood
area concerned, the power under subsection (4) is exercisable only
with that body’s consent.
(6)
A modification of a neighbourhood development order is to be done
by replacing the order with a new one containing the modification.
(7)
Regulations may make provision in connection with the revocation
or modification of a neighbourhood development order.
(8)
The regulations may in particular make provision—
(a)
for the holding of an examination in relation to a revocation
proposed to be made by the authority,
(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 in connection with a
revocation or modification,
(e)
as to the information and documents relating to a revocation
or modification 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 in
relation to a revocation, and
(h)
as to the making and consideration of representations about
a revocation (including the time by which representations
must be made).
61L
Legal challenges in relation to neighbourhood development orders
(1)
A court may entertain proceedings for questioning a decision to act
under section 61E(4) or (8) only if—
(a)
the proceedings are brought by a claim for judicial review,
and
(b)
the claim form is filed before the end of the period of 6 weeks
beginning with the day on which the decision is published.
(2)
A court may entertain proceedings for questioning a decision under
paragraph 12 of Schedule 4B (consideration by local planning
authority of recommendations made by examiner etc) only if—
(a)
the proceedings are brought by a claim for judicial review,
and
(b)
the claim form is filed before the end of the period of 6 weeks
beginning with the day on which the decision is published.

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 2 — Neighbourhood development plans
296

(3)
A court may entertain proceedings for questioning anything relating
to a referendum under paragraph 14 of Schedule 4B only if—
(a)
the proceedings are brought by a claim for judicial review,
and
(b)
the claim form is filed during the period of 6 weeks beginning
with the day on which the result of the referendum is
declared.
61M
Guidance
  Local planning authorities must have regard to any guidance issued
by the Secretary of State in the exercise of any function under any
provision relating to neighbourhood development orders (including
any function under section 61F or 61G).
61N
Provision as to the making of certain decisions by local planning
authorities
(1)
Regulations may make provision regulating the arrangements of a
local planning authority for the making of any prescribed decision
under any provision relating to neighbourhood development orders
(including under section 61F or 61G).
(2)
The provision made by the regulations is to have effect despite
provision made by any enactment as to the arrangements of a local
planning authority for the exercise of their functions (such as section
101 of the Local Government Act 1972 or section 13 of the Local
Government Act 2000).
61O
Community right to build orders
  Schedule 4C makes provision in relation to a particular type of
neighbourhood development order (a community right to build
order).”
3
In section 5(3) (provisions for the purposes of which the Broads Authority
are the sole district planning authority)—
(a)
after “sections” insert “61E to 61O,”, and
(b)
at the end insert “and Schedules 4B and 4C”.
4
In Schedule 1 (local planning authorities: distribution of functions), after
paragraph 6 insert—
“6A   (1)
This paragraph applies to the functions of local planning
authorities under any of sections 61E to 61O and Schedules 4B and
4C (neighbourhood development orders).
      (2)
Those functions are to be exercised by a district planning authority
in any area of a non-metropolitan county.”
Part 2
Neighbourhood development plans
5
The Planning and Compulsory Purchase Act 2004 is amended as follows.
6
In section 38 (development plan)—
(a)
in subsection (2), omit the “and” at the end of paragraph (a) and at

Localism Bill (Volume II)
Schedule 9 — Neighbourhood planning
Part 2 — Neighbourhood development plans
297

the end of paragraph (b) insert “, and
(c)
the neighbourhood development plans which have
been made in relation to that area.”,
(b)
in subsection (3), at the end of paragraph (b) insert “, and
(c)
the neighbourhood development plans which have
been made in relation to that area.”, and
(c)
at the end insert—
“(10)
Neighbourhood development plan must be construed in
accordance with section 38A.”
7
After that section insert—
“38A
Meaning of “neighbourhood development plan”
(1)
Any qualifying body is entitled to initiate a process for the purpose
of requiring a local planning authority in England to make a
neighbourhood development plan.
(2)
A “neighbourhood development plan” is a plan which sets out
policies (however expressed) in relation to the development and use
of land in a particular neighbourhood area specified in the plan.
(3)
Schedule 4B to the principal Act, which makes provision about the
process for the making of neighbourhood development orders,
including—
(a)
provision for independent examination of orders proposed
by qualifying bodies, and
(b)
provision for the holding of referendums on orders proposed
by those bodies,

is to apply in relation to neighbourhood development plans (subject
to the modifications set out in section 38C(5) of this Act).
(4)
A local planning authority—
(a)
must make a neighbourhood development plan if more than
half of those voting in a referendum under that Schedule (as
so applied) have voted in favour of the order, and
(b)
if paragraph (a) applies, must make the plan as soon as
reasonably practicable after the referendum is held.
(5)
There are no other circumstances in which a neighbourhood
development plan may be made.
(6)
The authority are not to be subject to the duty under subsection (4)(a)
if they consider that the making of the plan 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).
(7)
Regulations made by the Secretary of State may make provision as to
the procedure to be followed by local planning authorities in cases
where they act under subsection (6).
(8)
The regulations may in particular make provision—
(a)
for the holding of an examination,
(b)
as to the payment by a local planning authority of
remuneration and expenses of the examiner,