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Localism Bill (Volume II)
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

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—

(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

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

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.

(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

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

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—

(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

plan conflicts with any other statement or information in the plan,

the conflict must be resolved in favour of the policy.

 
 

Localism Bill (Volume II)
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

(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

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—

(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),

(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

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

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

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

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

(3) of the principal Act is not to affect the operation of section 20(2) of

 
 

Localism Bill (Volume II)
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

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

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

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

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

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,

(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.

      (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.

 
 

Localism Bill (Volume II)
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.

      (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

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

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

(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

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.

      (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

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

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.

 
 

Localism Bill (Volume II)
Schedule 10 — Process for making of neighbourhood development orders

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      (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

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

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

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

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

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.

      (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

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.

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

been met or complied with.

      (2)  

The authority must submit for independent examination—

 
 

Localism Bill (Volume II)
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,

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

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—

(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

(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

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

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

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

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

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

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

(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,

(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,

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

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

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

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

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

to secure that the draft order meets the basic conditions

mentioned in paragraph 8(2),

 
 

 
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