Localism Bill

House of Commons

Session 2010 - 11
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Localism Bill

Localism Bill (Volume II)
Schedule 10 — Process for making of neighbourhood development orders
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(b)
modifications that the examiner considers need to be made
to secure that the draft order is compatible with the
Convention rights,
(c)
modifications that the examiner considers need to be made
to secure that the draft order complies with the provision
made by or under sections 61E(2), 61H and 61J,
(d)
modifications specifying a period under section 61J(2)(b)
or (5), and
(e)
modifications for the purpose of correcting errors.
      (4)
The report may not recommend that an order (with or without
modifications) is submitted to a referendum if the examiner
considers that the order does not—
(a)
meet the basic conditions mentioned in paragraph 8(2), or
(b)
comply with the provision made by or under sections
61E(2), 61H and 61J.
      (5)
If the report recommends that an order (with or without
modifications) is submitted to a referendum, the report must also
make—
(a)
a recommendation as to whether the area for the
referendum should extend beyond the neighbourhood
area to which the order relates, and
(b)
if a recommendation is made for an extended area, a
recommendation as to what the extended area should be.
      (6)
The report must—
(a)
give reasons for each of its recommendations, and
(b)
contain a summary of its main findings.
      (7)
The examiner must send a copy of the report to the qualifying
body and the local planning authority.
      (8)
The local planning authority must then arrange for the publication
of the report in such manner as may be prescribed.
11    (1)
Regulations may make provision in connection with examinations
under paragraph 7.
      (2)
The regulations may in particular make provision as to—
(a)
the giving of notice and publicity in connection with an
examination,
(b)
the information and documents relating to an examination
that are to be made available to the public,
(c)
the making of reasonable charges for anything provided as
a result of the regulations,
(d)
the making of written or oral representations in relation to
draft neighbourhood development orders (including the
time by which written representations must be made),
(e)
the written representations which are to be, or which may
be or may not be, considered at an examination,
(f)
the refusal to allow oral representations of a prescribed
description to be made at a hearing,
(g)
the procedure to be followed at an examination (including
the procedure to be followed at a hearing),

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(h)
the payment by a local planning authority of remuneration
and expenses of the examiner, and
(i)
the award of costs by the examiner.
Consideration by authority of recommendations made by examiner etc
12    (1)
This paragraph applies if an examiner has made a report under
paragraph 10.
      (2)
The local planning authority must—
(a)
consider each of the recommendations made by the report
(and the reasons for them), and
(b)
decide what action to take in response to each
recommendation.
      (3)
The authority must also consider such other matters as may be
prescribed.
      (4)
If the authority are satisfied—
(a)
that the draft order meets the basic conditions mentioned
in paragraph 8(2), is compatible with the Convention
rights and complies with the provision made by or under
sections 61E(2), 61H and 61J, or
(b)
that the draft order would meet those conditions, be
compatible with those rights and comply with that
provision if modifications were made to the draft order
(whether or not recommended by the examiner),

a referendum in accordance with paragraph 14 must be held on
the making by the authority of a neighbourhood development
order.
      (5)
The order on which the referendum is to be held is the draft order
subject to such modifications (if any) as the authority consider
appropriate.
      (6)
The only modifications that the authority may make are—
(a)
modifications that the authority consider need to be made
to secure that the draft order meets the basic conditions
mentioned in paragraph 8(2),
(b)
modifications that the authority consider need to be made
to secure that the draft order is compatible with the
Convention rights,
(c)
modifications that the authority consider need to be made
to secure that the draft order complies with the provision
made by or under sections 61E(2), 61H and 61J,
(d)
modifications specifying a period under section 61J(2)(b)
or (5), and
(e)
modifications for the purpose of correcting errors.
      (7)
The area in which the referendum is to take place must, as a
minimum, be the neighbourhood area to which the proposed
order relates.
      (8)
If the authority consider it appropriate to do so, they may extend
the area in which the referendum is to take place to include other

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areas (whether or not those areas fall wholly or partly outside the
authority’s area).
      (9)
If the authority decide to extend the area in which the referendum
is to take place, they must publish a map of that area.
     (10)
In any case where the authority are not satisfied as mentioned in
sub-paragraph (4), they must refuse the proposal.
     (11)
The authority must publish in such manner as may be
prescribed—
(a)
the decisions they make under this paragraph,
(b)
their reasons for making those decisions, and
(c)
such other matters relating to those decisions as may be
prescribed.
     (12)
The authority must send a copy of the matters required to be
published to—
(a)
the qualifying body, and
(b)
such other persons as may be prescribed.
13    (1)
If—
(a)
the local planning authority propose to make a decision
which differs from that recommended by the examiner,
and
(b)
the reason for the difference is (wholly or partly) as a result
of new evidence or a new fact or a different view taken by
the authority as to a particular fact,

the authority must notify prescribed persons of their proposed
decision (and the reason for it) and invite representations.
      (2)
If the authority consider it appropriate to do so, they may refer the
issue to independent examination.
      (3)
Regulations may make provision about examinations under this
paragraph (and the regulations may include any provision of a
kind mentioned in paragraph 11(2)).
      (4)
This paragraph does not apply in relation to recommendations in
relation to the area in which a referendum is to take place.
Referendum
14    (1)
This paragraph makes provision in relation to a referendum that,
as a result of paragraph 12(4), must be held on the making of a
neighbourhood development order.
      (2)
A relevant council must make arrangements for the referendum to
take place in so much of their area as falls within the area (“the
referendum area”) in which the referendum is to take place (as
determined under paragraph 12(7) and (8)).

This sub-paragraph is subject to regulations under paragraph
15(2)(b).
      (3)
A “relevant council” means—
(a)
a district council,
(b)
a London borough council,

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(c)
a metropolitan district council, or
(d)
a county council in relation to any area in England for
which there is no district council.
      (4)
A person is entitled to vote in the referendum if on the prescribed
date—
(a)
the person is entitled to vote in an election of any
councillors of a relevant council any of whose area is in the
referendum area, and
(b)
the person’s qualifying address for the election is in the
referendum area.
      (5)
Sub-paragraph (4) does not apply in relation to so much of the
referendum area as falls within the City of London.
      (6)
In that case a person is entitled to vote in the referendum if on the
prescribed date—
(a)
the person is entitled to vote in an Authority election, and
(b)
the person’s qualifying address for the election is in the
City of London.
      (7)
For the purposes of this paragraph—
(a)
“Authority election” has the same meaning as in the
Representation of the People Act 1983 (see section 203(1)),
(b)
the Inner Temple and the Middle Temple are to be treated
as forming part of the City of London, and
(c)
“qualifying address” has the same meaning as in the
Representation of the People Act 1983 (see section 9).
15    (1)
Regulations may make provision about referendums held under
paragraph 14.
      (2)
The regulations may in particular make provision—
(a)
dealing with any case where there are two or more
relevant councils any of whose areas fall within the
referendum area,
(b)
for only one relevant council to be subject to the duty to
make arrangements for the referendum in a case within
paragraph (a),
(c)
prescribing a date by which the referendum must be held
or before which it cannot be held,
(d)
as to the question to be asked in the referendum and any
explanatory material in relation to that question (including
provision conferring power on a local planning authority
to set the question and provide that material),
(e)
as to the publicity to be given in connection with the
referendum,
(f)
about the limitation of expenditure in connection with the
referendum,
(g)
as to the conduct of the referendum,
(h)
as to when, where and how voting in the referendum is to
take place,
(i)
as to how the votes cast are to be counted,

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309

(j)
about certification as to the number of persons voting in
the referendum and as to the number of those persons
voting in favour of a neighbourhood development order,
and
(k)
about the combination of polls at a referendum held under
paragraph 14 with polls at another referendum or at any
election.
      (3)
The regulations may apply or incorporate, with or without
modifications, any provision made by or under any enactment
relating to elections or referendums.
      (4)
But where the regulations apply or incorporate (with or without
modifications) any provision that creates an offence, the
regulations may not impose a penalty greater than is provided for
in respect of that provision.
      (5)
Before making the regulations, the Secretary of State must consult
the Electoral Commission.
      (6)
In this paragraph “enactment” means an enactment, whenever
passed or made.
Interpretation
16
In this Schedule—
“the Convention rights” has the same meaning as in the
Human Rights Act 1998, and
“development plan”—
(a)
includes a development plan for the purposes of
paragraph 1 of Schedule 8 to the Planning and
Compulsory Purchase Act 2004 (transitional
provisions), but
(b)
does not include so much of a development plan as
consists of a neighbourhood development plan under
section 38A of that Act.”
Schedule 11
Section 96

Neighbourhood planning: community right to build orders

This is the Schedule to be inserted as Schedule 4C to the Town and Country
Planning Act 1990—
“Schedule 4C
Section 61O

Community right to build orders
Introduction
1     (1)
This Schedule makes special provision about a particular type of
neighbourhood development order, which is to be known as a
“community right to build order”.

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      (2)
In their application to community right to build orders, the
provisions of this Act relating to neighbourhood development
orders have effect subject to the provision made by or under this
Schedule.
      (3)
In its application to community organisations, section 61G
(meaning of “neighbourhood area”) has effect subject to the
provision made by this Schedule.
Meaning of “community right to build order”
2     (1)
A neighbourhood development order is a community right to
build order if—
(a)
the order is made pursuant to a proposal made by a
community organisation,
(b)
the order grants planning permission for specified
development in relation to a specified site in the specified
neighbourhood area, and
(c)
the specified development does not exceed prescribed
limits.
      (2)
Regulations under sub-paragraph (1)(c) may prescribe a limit by
reference to—
(a)
the area in which the development is to take place,
(b)
the number or type of operations or uses of land
constituting the development, or
(c)
any other factor.
      (3)
In this paragraph “specified” means specified in the community
right to build order.
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
the 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)
Regulations 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
winding 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).

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Proposals by community organisations for community right to build orders
4     (1)
A 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
includes 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
regarded 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 (11)(a) and (12)(c) of that
section.
      (4)
In particular, the reference in section 61F(9) to a neighbourhood
development 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
development 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
which 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
the 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
paragraph 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
any 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