Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
289

61F
Authorisation to act in relation to neighbourhood areas
(1)
For the purposes of a neighbourhood development order, a parish
council are authorised to act in relation to a neighbourhood area if
that area consists of or includes the whole or any part of the area of
the council.
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(2)
If that neighbourhood area also includes the whole or any part of the
area of another parish council, the parish council is authorised for
those purposes to act in relation to that neighbourhood area only if
the other parish council have given their consent.
(3)
For the purposes of a neighbourhood development order, an
10
organisation or body is authorised to act in relation to a
neighbourhood area if it is designated by a local planning authority
as a neighbourhood forum for that area.
(4)
An organisation or body may be designated for a neighbourhood
area only if that area does not consist of or include the whole or any
15
part of the area of a parish council.
(5)
A local planning authority may designate an organisation or body as
a neighbourhood forum if the authority are satisfied that it meets the
following conditions—
(a)
the organisation or body is established for the express
20
purpose of furthering the social, economic and
environmental well-being of individuals living, or wanting to
live, in an area that consists of or includes the neighbourhood
area concerned,
(b)
the membership of the organisation or body is open to
25
individuals living, or wanting to live, in the neighbourhood
area concerned,
(c)
there are at least 3 members of the organisation or body each
of whom lives in the neighbourhood area concerned, and
(d)
the organisation or body has a written constitution.
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(6)
A local planning authority may also designate an organisation or
body as a neighbourhood forum if they are satisfied that the
organisation or body meets prescribed conditions.
(7)
A local planning authority—
(a)
may designate only one organisation or body as a
35
neighbourhood forum for each neighbourhood area,
(b)
may designate an organisation or body as a neighbourhood
forum only if the organisation or body has made an
application to be designated, and
(c)
must give reasons to an organisation or body applying to be
40
designated as a neighbourhood forum where the authority
refuse the application.
(8)
A designation—
(a)
may not be withdrawn by a local planning authority,
(b)
ceases to have effect at the end of the period of 5 years
45
beginning with the day on which it is made but without
affecting the validity of any proposal for a neighbourhood
development order made before the end of that period, and

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
290

(c)
in the case of the designation of an unincorporated
association, is not to be affected merely because of a change
in the membership of the association.
(9)
A proposal for a neighbourhood development order by a parish
council or neighbourhood forum may not be made at any time in
5
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
10
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,
15
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—
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(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
25
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
30
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
35
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
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(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—
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(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

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
291

(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.
(4)
In determining an application the authority must have regard to—
(a)
the desirability of designating the whole of the area of a
5
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,
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(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,
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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.
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(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
25
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
30
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
35
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,
40
(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
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(h)
about the modification of designations (including provision
about the consequences of modification on proposals for

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
292

neighbourhood development orders, or on neighbourhood
development orders, that have already been made).
61H
Provision that may be made by neighbourhood development order
(1)
A neighbourhood development order may make provision in
relation to—
5
(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
10
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
15
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.
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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,
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(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
30
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
35
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.
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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
45
order.

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
293

(2)
The conditions that may be specified include—
(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
5
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.
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(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
15
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
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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
25
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
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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).
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(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
40
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
45
relation to development specified in the order under that section.