Localism Bill

Session 2010 - 11
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Other Bills before Parliament

Localism Bill

Localism Bill
Schedule 10 — Process for making of neighbourhood development orders
305

(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
5
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
10
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),
15
(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
20
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
25
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
30
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
35
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.
40
      (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
45
to secure that the draft order meets the basic conditions
mentioned in paragraph 8(2),

Localism Bill
Schedule 10 — Process for making of neighbourhood development orders
306

(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
5
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
10
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
areas (whether or not those areas fall wholly or partly outside the
15
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.
20
     (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
25
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.
30
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
35
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
40
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
45
relation to the area in which a referendum is to take place.

Localism Bill
Schedule 10 — Process for making of neighbourhood development orders
307

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
5
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).
10
      (3)
A “relevant council” means—
(a)
a district council,
(b)
a London borough council,
(c)
a metropolitan district council, or
(d)
a county council in relation to any area in England for
15
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
20
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.
25
      (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.
30
      (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
35
(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—
40
(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
45
paragraph (a),

Localism Bill
Schedule 10 — Process for making of neighbourhood development orders
308

(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
5
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,
10
(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,
(j)
about certification as to the number of persons voting in
15
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
20
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
25
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.
30
      (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
35
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
40
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.”