Localism Bill

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
294

61K
Revocation or modification of neighbourhood development orders
(1)
The Secretary of State may by order revoke a neighbourhood
development order.
(2)
A local planning authority may, with the consent of the Secretary of
State, by order revoke a neighbourhood development order that they
5
have made.
(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 that they have made for the
10
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
15
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.
20
(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,
25
(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,
30
(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
35
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—
40
(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
Schedule 9 — Neighbourhood planning
Part 1 — Neighbourhood development orders
295

(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
5
(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.
(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,
10
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
15
  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
20
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).
25
(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).
30
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
35
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—
40
“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.”
45

Localism Bill
Schedule 9 — Neighbourhood planning
Part 2 — Neighbourhood development plans
296

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
5
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
10
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—
15
“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
20
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—
25
(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
30
to the modifications set out in section 38C(5) of this Act).
(4)
A local planning authority to whom a proposal for the making of a
neighbourhood development plan has been made—
(a)
must make a neighbourhood development plan to which the
proposal relates if more than half of those voting in a
35
referendum under that Schedule (as so applied) have voted
in favour of the plan, 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
40
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

Localism Bill
Schedule 9 — Neighbourhood planning
Part 2 — Neighbourhood development plans
297

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).
5
(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,
(c)
as to the award of costs by the examiner,
10
(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,
15
(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),
20
(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—
25
(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—
30
(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—
35
“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,
40
“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
45
relation to a neighbourhood area as a result of section 61F of
the principal Act, as applied by section 38C of this Act.