Word in reg. 3 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 75(2) (with regs. 47, 70)
Words in reg. 3 substituted (28.12.2017) by The Communications Act 2003 and the Digital Economy Act 2017 (Consequential Amendments to Secondary Legislation) Regulations 2017 (S.I. 2017/1011), reg. 1(1), Sch. 3 para. 7(2)
Words in reg. 3 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 3 (with reg. 13)
Reg. 5A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(2) (with reg. 4(1))
Reg. 6(c) substituted (9.2.2015) by The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(2) (with reg. 1(2))
Words in reg. 6(c) omitted (1.10.2016) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(3) (with reg. 4(1))
Reg. 6A inserted (9.2.2015) by The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(3) (with reg. 1(2))
Reg. 6A(2)(b) omitted (1.10.2016) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(4)(a) (with reg. 4(1))
Reg. 6A(3) inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(4)(b) (with reg. 4(1))
Reg. 9A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(5) (with reg. 4(2))
Words in reg. 14 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 4(2) (with reg. 13)
Words in reg. 14 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 4(3) (with reg. 13)
Word in reg. 14(a)(iii) omitted (31.1.2018) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 4(4) (with reg. 13)
Reg. 14(a)(v) and word inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 4(5) (with reg. 13)
Words in reg. 15 heading inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(2) (with reg. 13)
Words in reg. 15 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(3) (with reg. 13)
Words in reg. 15(1)(a) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(4) (with reg. 13)
Word in reg. 15(1)(c) omitted (9.2.2015) by virtue of The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(4)(a) (with reg. 1(3))
Words in reg. 15(1)(c) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(5) (with reg. 13)
Words in reg. 15(1)(d) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(6) (with reg. 13)
Word in reg. 15(1)(d) omitted (31.1.2018) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(6) (with reg. 13)
Reg. 15(1)(e) and word inserted (9.2.2015) by The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(4)(b) (with reg. 1(3))
Reg. 15(1)(f) and word inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(7) (with reg. 13)
Words in reg. 15(2)(a) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(8) (with reg. 13)
Words in reg. 15(2)(d) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 5(8) (with reg. 13)
Words in reg. 16 heading inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 6(2) (with reg. 13)
Words in reg. 16 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 6(3) (with reg. 13)
Words in reg. 16(a)(iv) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 6(4) (with reg. 13)
Words in reg. 17 heading inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 7(2) (with reg. 13)
Words in reg. 17 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 7(3) (with reg. 13)
Words in reg. 17 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 7(4) (with reg. 13)
Words in reg. 17(c) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(2)(a)
Words in reg. 17(c) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(2)(b)
Word in reg. 17(c) omitted (31.1.2018) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 7(5) (with reg. 13)
Reg. 17(e) and word inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 7(6) (with reg. 13)
Reg. 17A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(6) (with reg. 4(3))
Word in reg. 17A(4) substituted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 8 (with reg. 13)
Words in reg. 18 heading inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(2) (with reg. 13)
Words in reg. 18(1)(a) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(3) (with reg. 13)
Words in reg. 18(1)(b) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(4) (with reg. 13)
Words in reg. 18(1)(c) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(5) (with reg. 13)
Words in reg. 18(1)(d) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(6) (with reg. 13)
Words in reg. 18(1)(f) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(7) (with reg. 13)
Words in reg. 18(2)(c) inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 9(8) (with reg. 13)
Reg. 18A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(7) (with reg. 4(4))
Reg. 18A(3) added (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 10 (with reg. 13)
Words in reg. 20 inserted (31.1.2018) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 (S.I. 2017/1243), regs. 1, 11 (with reg. 13)
Reg. 23(2) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 75(3) (with regs. 47, 70)
Words in reg. 24(c) substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571), regs. 1(1), 75(4) (with regs. 47, 70)
Words in reg. 24(d) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(3)(a)
Words in reg. 24(d) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(3)(b)
Reg. 24A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(8) (with reg. 4(3))
Reg. 25A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(9) (with reg. 4(3))
Pt. 8A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(10) (with reg. 4(5))
For the purposes of neighbourhood development orders, the definition of “qualifying body” is in section 61E(6) of the 1990 Act (inserted by paragraph 2 of the Localism Act 2011). A “community organisation” is to be regarded as a qualifying body (see paragraph 4(2) of Schedule 4C to the 1990 Act) (as inserted by Schedule 11 to the Localism Act 2011).
The definition of “community organisation” is in paragraph 3 of Schedule 4C to the 1990 Act.
For the purposes of neighbourhood development plans the definition of “qualifying body” is in section 38A(12) of the 2004 Act (as inserted by paragraph 7 of the Localism Act 2011).
For the definition of “relevant body” see section 61G(2) of the 1990 Act (inserted by paragraph 2 of Schedule 9 to the Localism Act 2011 (c.20).
“Enfranchisement rights” are defined in paragraph 11 of Schedule 4C to the 1990 Act.
These Regulations may be cited as the Neighbourhood Planning (General) Regulations 2012 and come into force on 6th April 2012.
Before the end of each review period, the Secretary of State must—
carry out a review of these Regulations (other than regulations 32 and 33 and Schedules 2 and 3),
set out the conclusions of the review in a report, and
publish the report.
The report must in particular—
set out the objectives intended to be achieved by the regulatory system established by these Regulations,
assess the extent to which those objectives are achieved, and
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
“
the period of five years beginning with the day on which these Regulations come into force, and
subject to paragraph (4), each successive period of five years.
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
In these Regulations—
“
“
“
“
“
“
“
“
“
“
“
“
“
“
“
Where within these Regulations—
a person is required to consult or seek representations from another person or body; and
that other person has an address for the purposes of electronic communications;
the document, copy, notice or notification may be sent or made by way of electronic communication.
Where within these Regulations a person may make representations on any matter or document, those representations may be made—
in writing, or
by way of electronic communication.
Where—
an electronic communication is used as mentioned in paragraphs (1) and (2); and
the communication is received by the recipient outside normal working hours;
it shall be taken to have been received on the next working day.
In this regulation “
Where a relevant body
a map which identifies the area to which the area application relates;
a statement explaining why this area is considered appropriate to be designated as a neighbourhood area; and
a statement that the organisation or body making the area application is a relevant body for the purposes of section 61G of the 1990 Act.
A local planning authority may decline to consider an area application if the relevant body has already made an area application and a decision has not yet been made on that application.
This regulation applies where—
a local planning authority receive an area application from a parish council;
the area specified in the application consists of the whole of the parish council’s area; and
if any part of the specified area is part of a neighbourhood area, none of that neighbourhood area extends outside the parish council’s area.
The local planning authority must exercise their powers under section 61G of the 1990 Act to designate the specified area as a neighbourhood area.
Where this regulation applies, regulations 6 and 6A do not apply.
As soon as possible after receiving an area application from a relevant body, a local planning authority must publicise the following on their website and in such other manner as they consider is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the area application relates—
a copy of the area application;
details of how to make representations; and
the date by which those representations must be received, being
Where a local planning authority receive an area application from a relevant body the authority must determine the application by the date prescribed in paragraph (2).
The date prescribed in this paragraph is—
in a case where the area to which the application relates falls within the areas of two or more local planning authorities, the date 20 weeks from the date immediately following that on which the application is first publicised;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in all other cases, the date 13 weeks from the date immediately following that on which the application is first publicised.
Where the application has not been determined by the date prescribed in paragraph (2), the local planning authority must exercise their powers under section 61G of the 1990 Act so as to secure that the whole of the area specified in the application is designated as a neighbourhood area unless on that date—
some or all of the specified area has been designated as a neighbourhood area; or
some or all of the specified area is specified in another area application and that other area application has not been determined.
As soon as possible after designating a neighbourhood area, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the designation to the attention of people who live, work or carry on business in the neighbourhood area—
the name of the neighbourhood area;
a map which identifies the area; and
the name of the relevant body who applied for the designation.
As soon as possible after deciding to refuse to designate a neighbourhood area, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the refusal to the attention of people who live, work or carry on business in the neighbourhood area —
a document setting out the decision and a statement of their reasons for making that decision (“the decision document”); and
details of where and when the decision document may be inspected.
Where an organisation or body submits a neighbourhood forum application to the local planning authority it must include—
the name of the proposed neighbourhood forum;
a copy of the written constitution of the proposed neighbourhood forum;
the name of the neighbourhood area to which the application relates and a map which identifies the area;
the contact details of at least one member of the proposed neighbourhood forum to be made public under regulations 9 and 10; and
a statement which explains how the proposed neighbourhood forum meets the conditions contained in section 61F(5) of the 1990 Act.
As soon as possible after receiving a neighbourhood forum application, which the local planning authority do not decline to consider under regulation 11, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the application to the attention of people who live, work or carry on business in the area to which the application relates—
a copy of the application;
a statement that if a designation is made no other organisation or body may be designated for that neighbourhood area until that designation expires or is withdrawn;
details of how to make representations; and
the date by which those representations must be received, being not less than 6 weeks from the date on which the application is first publicised.
Where a local planning authority receive a neighbourhood forum application, which they do not decline to consider under regulation 11, the authority must determine the application by the date prescribed in paragraph (2).
The date prescribed in this paragraph is—
in a case where the neighbourhood area to which the application relates falls within the areas of two or more local planning authorities, the date which is the last day of the period of 20 weeks beginning with the day immediately following that on which the application is first publicised in accordance with regulation 9;
in all other cases, the date which is the last day of the period of 13 weeks beginning with the day immediately following that on which the application is first publicised in accordance with regulation 9.
The date prescribed in paragraph (2) does not apply where, on that date, the authority are considering another neighbourhood forum application and that other application relates to an area which consists of or includes some or all of the neighbourhood area to which the application mentioned in paragraph (1) relates.
As soon as possible after designating a neighbourhood forum, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the designation to the attention of people who live, work or carry on business in the neighbourhood area—
the name of the neighbourhood forum;
a copy of the written constitution of the neighbourhood forum;
the name of the neighbourhood area to which the designation relates; and
contact details for at least one member of the neighbourhood forum.
As soon as possible after deciding to refuse to designate a neighbourhood forum, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the decision to the attention of people who live, work or carry on business in the neighbourhood area—
a statement setting out the decision and their reasons for making that decision (“the refusal statement”); and
details of where and when the refusal statement may be inspected.
Where a neighbourhood forum has been designated in relation to a neighbourhood area under section 61F of the 1990 Act, and that designation has not expired or been withdrawn, a local planning authority may decline to consider any neighbourhood forum application made in relation to that neighbourhood area.
Where a neighbourhood forum gives notice to a local planning authority that it no longer wishes to be designated as the neighbourhood forum for a neighbourhood area, the local planning authority must withdraw the designation of the neighbourhood forum.
As soon as possible after withdrawing the designation of a neighbourhood forum under paragraph (1) or under section 61F(9) of the 1990 Act, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the withdrawal of the designation to the attention of people who live, work or carry on business in the neighbourhood area—
a statement setting out details of the withdrawal (“the withdrawal statement”); and
details of where and when the withdrawal statement may be inspected.
For the purposes of paragraph 3(1)(b) of Schedule 4C to the 1990 Act, the following additional conditions are prescribed for any community organisation which is not a parish council—
individuals who live or work in the particular area for which the community organisation is established (“the particular area”) must be entitled to become voting members of the community organisation (whether or not others can also become voting members); and
the constitution of the community organisation must—
provide that taken together the individuals who live in the particular area—
hold the majority of the voting rights; and
have the majority on the board of directors or governing body,
of the community organisation;
include a statement—
that the community organisation will carry on its activities for the benefit of the community in the particular area or a section of it; and
indicating how it is proposed the community organisation's activities will benefit the community in the particular area (or a section of it);
provide that any assets of the community organisation may not be disposed of, improved or developed except in a manner which the community organisation consider benefits the community in the particular area or a section of it; and
provide that any profits from its activities may only be used to benefit the community in the particular area or a section of it (the payment of profits directly to members or directors is not to be considered a benefit to the community in the particular area or a section of it);
provide that in the event of the winding up of the community organisation or in any other circumstances where the community organisation ceases to exist, its assets must be transferred to another body corporate which has similar objectives; and
provide that the organisation has at least 10 members, living in different dwellings to each other, who live in the particular area.
For the purposes of this regulation, “
Before submitting a plan proposal
publicise, in a manner that is likely to bring it to the attention of people who live, work or carry on business in the neighbourhood area—
details of the proposals for a neighbourhood development plan
details of where and when the proposals for a neighbourhood development plan
details of how to make representations;
the date by which those representations must be received, being not less than 6 weeks from the date on which the draft proposal is first publicised;
in relation to a modification proposal, a statement setting out whether or not the qualifying body consider that the modifications contained in the modification proposal are so significant or substantial as to change the nature of the neighbourhood development plan which the modification proposal would modify, giving reasons for why the qualifying body is of this opinion;
consult any consultation body referred to in paragraph 1 of Schedule 1 whose interests the qualifying body considers may be affected by the proposals for a neighbourhood development plan
send a copy of the proposals for a neighbourhood development plan
Where a qualifying body submits a plan proposal
a map or statement which identifies the area to which the proposed neighbourhood development plan
a consultation statement;
the proposed neighbourhood development plan;
a statement explaining how the proposed neighbourhood development plan
an environmental report prepared in accordance with paragraphs (2) and (3) of regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004; or
where it has been determined under regulation 9(1) of those Regulations that the plan proposal
in relation to a modification proposal, a statement setting out the whether or not the qualifying body consider that the modifications contained in the modification proposal are so significant or substantial as to change the nature of the neighbourhood development plan which the modification proposal would modify, giving reasons for why the qualifying body is of this opinion.
In this regulation “
contains details of the persons and bodies who were consulted about the proposed neighbourhood development plan
explains how they were consulted;
summarises the main issues and concerns raised by the persons consulted; and
describes how these issues and concerns have been considered and, where relevant, addressed in the proposed neighbourhood development plan
As soon as possible after receiving a plan proposal
publicise the following on their website and in such other manner as they consider is likely to bring the proposal to the attention of people who live, work or carry on business in the neighbourhood area—
details of the plan proposal
details of where and when the plan proposal
details of how to make representations;
the date by which those representations must be received, being not less than 6 weeks from the date on which the plan proposal
notify any consultation body which is referred to in the consultation statement submitted in accordance with regulation 15, that the plan proposal
As soon as possible after the appointment of a person to carry out an examination under paragraph 7 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act)
the plan proposal
the documents referred to in regulation 15(1) and any other document submitted to the local planning authority by the qualifying body in relation to the plan proposal
if the order proposal is one to which
a copy of any representations which have been made in accordance with regulation 16;
in relation to a modification proposal—
a copy of the neighbourhood development plan as proposed to be modified;
a statement setting out the whether or not the authority consider that the modifications contained in the modification proposal are so significant or substantial as to change the nature of the neighbourhood development plan which the modification proposal would modify, giving reasons for why the authority is of this opinion.
This regulation applies where an examiner has made a report under paragraph 10 of Schedule 4B to the 1990 Act (applied by section 38A(3) of the 2004 Act) in relation to a plan proposal.
The persons prescribed for the purposes of paragraph 13(1) of that Schedule are—
the qualifying body;
any person whose representation was submitted to the examiner of the plan proposal in accordance with regulation 17(d); and
any consultation body which is referred to in the consultation statement mentioned in regulation 15.
Representations invited under paragraph 13(1) must be submitted on or before the date which is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first invited representations.
On or
The date prescribed in this paragraph is—
where the local planning authority and the qualifying body agree a date, that date;
where sub-paragraph (a) does not apply but paragraph 13 of Schedule 4B to the 1990 Act (applied by section 38A(3) of the 2004 Act) applies—
where the authority refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which they receive the report of the examiner on that issue;
where the authority do not refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following the date prescribed in paragraph (3);
in all other cases, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which the local planning authority receive the report mentioned in paragraph (1).
Paragraph (2) applies where a local planning authority decide—
to decline to consider a plan proposal under paragraph 5 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act)
to refuse a plan proposal under paragraph 6 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act)
what action to take in response to the recommendations of an examiner made in a report under paragraph 10 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) in relation to a neighbourhood development plan
what modifications, if any, they are to make to the draft plan under paragraph 12(6) of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act)
whether to extend the area to which the referendum is (or referendums are) to take place; or
that they are not satisfied with the plan proposal under paragraph 12(10) of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act)
As soon as possible after making a decision referred to in paragraph (1), a local planning authority must publish—
the decision and their reasons for it (“the decision statement”),
details of where and when the decision statement may be inspected; and
in the case of a decision mentioned in paragraph (1)(c), the report made by the examiner under paragraph 10 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act)
on their website and in such other manner as they consider is likely to bring the decision statement and, as the case may be, the report to the attention of people who live, work or carry on business in the neighbourhood area.
The date prescribed for the purposes of section 38A(4)(b) of the 2004 Act is the date which is the last day of the period of 8 weeks beginning with the day immediately following that on which the last applicable referendum is held.
Paragraph (1) does not apply where proceedings for questioning anything relating to an applicable referendum are brought in accordance with section 61N(3) of the 1990 Act (applied by section 38C(2)(d) of the 2004 Act) before the neighbourhood development plan is made.
The date prescribed for the purposes of paragraph 14(7) of Schedule A2 to the 2004 Act is—
the last day of the period of 5 weeks beginning with the day immediately following that on which the examiner’s report was received by the local authority in accordance with paragraph 13 of Schedule A2 to the 2004 Act; or
such later date as may be agreed in writing by the local planning authority and the qualifying body.
As soon as possible after deciding to make a neighbourhood development plan under section 38A(4) of the 2004 Act or refusing to make a plan under section 38A(6) of the 2004 Act, a local planning authority must—
publish on their website and in such other manner as they consider is likely to bring the decision to the attention of people who live, work or carry on business in the neighbourhood area—
a statement setting out the decision and their reasons for making that decision (“the decision statement”);
details of where and when the decision statement may be inspected; and
send a copy of the decision statement to—
the qualifying body; and
any person who asked to be notified of the decision.
As soon as possible after making a neighbourhood development plan under section 38A(4)
publish on their website and in such other manner as they consider is likely to bring the decision to the attention of people who live, work or carry on business in the neighbourhood area—
the neighbourhood development plan; and
details of where and when the neighbourhood development plan may be inspected; and
notify any person who asked to be notified of the making of the neighbourhood development plan that it has been made and where and when it may be inspected.
Before submitting an order proposal to the local planning authority, a qualifying body must—
publicise, in a manner that is likely to bring it to the attention of people who live, work or carry on business in the neighbourhood area—
details of the proposals for a neighbourhood development order or community right to build order;
details of where and when the proposals may be inspected;
details of how to make representations; and
the date by which those representations must be received, being not less than 6 weeks from the date on which details of the proposals are first publicised;
consult—
any consultation body referred to in paragraph 2(1)(a) to (c) of Schedule 1 whose interests the qualifying body considers may be affected by the proposals for a neighbourhood development order or a community right to build order; and
where the qualifying body considers the development to be authorised under the proposed neighbourhood development order or community right to build order which falls within any category set out in the Table in paragraph 2 of Schedule 1, any consultation body mentioned in the Table in relation to each of those categories; and
any person who, on the date 21 days before the order proposal is submitted under regulation 22, the qualifying body considers to be—
an owner of any of the land which is proposed to be developed under the order proposal; and
a tenant of any of that land; and
send a copy of the proposals for a neighbourhood development order or a community right to build order to the local planning authority.
Where a qualifying body submits an order proposal to the local planning authority it must include—
a map which identifies the land to which the order proposal relates;
a consultation statement;
the proposed neighbourhood development order or community right to build order;
where the qualifying body considers it appropriate, following consultation with the Historic Buildings and Monument Commission for England (known as English Heritage), an archaeology statement;
a statement explaining how the proposed neighbourhood development order or a community right to build order meets the basic conditions in paragraph 8(2) of Schedule 4B to the 1990 Act; and
in the case of a proposal for a community right to build order, details of the enfranchisement rights
In this regulation—
“
confirms that the information in relation to archaeology contained in the historic environment record for the neighbourhood area has been reviewed;
sets out the findings from that review for the area to which the order proposal relates; and
explains how the findings have been taken into account in preparing the order proposal,
but where no findings relevant to the neighbourhood area were identified in the review the archaeology statement need only—
confirm that the review mentioned in sub-paragraph (a) took place; and
explain there were no findings relevant to the neighbourhood area; and
“
contains details of the persons and bodies who were consulted about the proposed neighbourhood development order or community right to build order;
explains how they were consulted;
summarises the main issues and concerns raised by the persons consulted; and
describes how these issues and concerns have been considered and, where relevant, addressed in the proposed neighbourhood development order or community right to build order.
As soon as possible after receiving an order proposal which includes each of the documents referred to in regulation 22(1), a local planning authority must—
publicise the following on their website and in such other manner they consider is likely to bring the proposal to the attention of people who live, work or carry on business in the neighbourhood area—
details of the order proposal;
details of where and when the order proposal may be inspected;
details of how to make representations;
a statement that any representations may include a request to be notified of the local planning authority's decision under regulation 26 in relation to the neighbourhood development order or community right to build order; and
the date by which those representations must be received, being not less than 6 weeks from the date on which the proposal is first publicised; and
notify any consultation body which is referred to in the consultation statement submitted in accordance with regulation 22, that the order proposal has been received.
As soon as possible after receiving an order proposal to which regulation 33 of the EIA Regulations applies, the local planning authority must, in addition to any publicity required under paragraph (1), publicise the information described in paragraph (1)(a) and the environmental statement submitted in accordance with the EIA Regulations by giving notice—
by site display in at least one place on or near the land to which the order proposal relates for not less than 30 days;
by publication of the notice in a newspaper circulating in the locality in which the land to which the order proposal relates is situated; and
by publication on a website maintained by or on behalf of the authority.
As soon as possible after the appointment of a person to carry out an examination under paragraph 7 of Schedule 4B to the 1990 Act, a local planning authority must send the following to the person appointed—
the order proposal;
the documents referred to in regulation 22(1);
if the order proposal is one to which
if the order proposal is one to which
any other document submitted to the local planning authority by the qualifying body in relation to the order proposal; and
a copy of any representations which have been made in accordance with regulation 23.
This regulation applies where an examiner has made a report under paragraph 10 of Schedule 4B to the 1990 Act in relation to an order proposal.
The persons prescribed for the purposes of paragraph 13(1) of that Schedule are—
the qualifying body;
any person whose representation was submitted to the examiner of the order proposal in accordance with regulation 24(f); and
any consultation body which is referred to in the consultation statement mentioned in regulation 22.
Representations invited under paragraph 13(1) must be submitted on or before the date which is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first invited representations.
The local planning authority must decide what action to take in response to each recommendation made by the report mentioned in paragraph (1) by the date prescribed in paragraph (5).
The date prescribed in this paragraph is—
where the local planning authority and the qualifying body agree a date, that date;
where sub-paragraph (a) does not apply but paragraph 13 of Schedule 4B to the 1990 Act applies—
where the authority refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which they receive the report of the examiner on that issue;
where the authority do not refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following the date prescribed in paragraph (3);
in all other cases, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which the local planning authority receive the report mentioned in paragraph (1).
Paragraph (2) applies where a local planning authority decide—
to decline to consider an order proposal under paragraph 5 of Schedule 4B to the 1990 Act;
to refuse an order proposal under paragraph 6 of Schedule 4B to the 1990 Act;
what action to take in response to the recommendations of an examiner made in a report under paragraph 10 of Schedule 4B to the 1990 Act in relation to a neighbourhood development order or community right to build order (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act);
what modifications, if any, they are to make to the draft neighbourhood development order or community right to build order under paragraph 12(6) of Schedule 4B to the 1990 Act (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act);
whether to extend the area to which the referendum is (or referendums are) to take place; or
that they are not satisfied with the proposed neighbourhood development order or community right to build order under paragraph 12(10) of Schedule 4B to the 1990 Act (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act).
As soon as possible after making a decision referred to in paragraph (1), a local planning authority must publish—
the decision and their reasons for it (“the decision statement”),
details of where and when the decision statement may be inspected, and
in the case of a decision mentioned in sub-paragraph (c), the report made by the examiner under paragraph 10 of Schedule 4B to the 1990 Act,
on their website and in such other m anner as they consider is likely to bring the decision statement and, as the case may be, the report to the attention of people who live, work or carry on business in the neighbourhood area.
The date prescribed for the purposes of section 61E(4)(b) of the 1990 Act is the date which is the last day of the period of 8 weeks beginning with the day immediately following that on which the last applicable referendum is held.
Paragraph (1) does not apply where proceedings for questioning anything relating to an applicable referendum are brought in accordance with section 61N(3) of the 1990 Act before the neighbourhood development order is made.
As soon as possible after deciding to make the neighbourhood development order or community right to build order under section 61E(4) of the 1990 Act or to refuse to make it under section 61E(8) of the 1990 Act (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act), a local planning authority must—
publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area—
a document setting out their decision and their reasons for making that decision (“the decision document”);
details of where and when the decision document may be inspected;
send a copy of the decision document to—
the qualifying body or the community organisation, as the case may be; and
any person who asked to be notified of the decision.
As soon as possible after making a neighbourhood development order or community right to build order under section 61E(4) of the 1990 Act, a local planning authority must —
publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area —
the neighbourhood development order or community right to build order; and
details of where and when the order may be inspected;
notify any person who asked to be notified of the making of the neighbourhood development order or community right to build order that it has been made and where and when it may be inspected.
Subject to paragraph (2), for the purposes of paragraph 11 of Schedule 4C to the 1990 Act, a community organisation may only provide that an enfranchisement right is not exercisable in relation to a property which is not an existing residential property.
An enfranchisement right is not exercisable in relation to land the development of which is authorised by a community right to build order if the community organisation specified in the order proposal—
the enfranchisement rights which are not exercisable; and
the properties, or types of properties, in relation to which those rights are not exercisable.
In this regulation—
“
which exists on the date the order proposal was submitted by the community organisation to the local planning authority under regulation 22; and
in relation to which, on that date, any tenant of the property has an enfranchisement right in respect of the property.
Where as a result of the making of a community right to build order an enfranchisement right is not exercisable in respect of a property, a landlord who grants a tenancy in relation to the property must give notice to the tenant affected by endorsing a notice on the face of the tenancy stating that the enfranchisement right in question is not exercisable.
Provided the community organisation complies with regulation 28 a failure to give notice in accordance with paragraph (1) does not cause the enfranchisement right to be exercisable.
As soon as possible after modifying a neighbourhood development plan, a neighbourhood development order or community right to build order under section 61M(4) of the 1990 Act (as applied in the case of neighbourhood development plans by section 38C of the 2004 Act), a local planning authority must—
publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area—
a document setting out details of the modification (“the modification document”); and
details of where and when the modification document may be inspected; and
give notice of the modification to the following—
the qualifying body or community organisation, as the case may be; and
any person the authority previously notified of the making of the order or plan.
As soon as possible after revoking a neighbourhood development plan, neighbourhood development order or community right to build order in accordance with section 61M of the 1990 Act (as applied in the case of neighbourhood development plans by section 38C of the 2004 Act), a local planning authority must—
publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area—
a document setting out a statement of the revocation and the reasons for it (“the revocation document”); and
details of where and when the revocation document may be inspected;
give notice of the revocation to—
the qualifying body or community organisation, as the case may be;
in the case of the revocation of a neighbourhood development order or community right to build order, any person who the authority knows to be the owner or tenant of any part of the land to which the order applies and whose name and address is known to the local planning authority;
any person the local planning authority notified of the making of the neighbourhood development order, community right to build order or neighbourhood development plan; and
any other person the local planning authority consider necessary in order to bring the revocation to the attention of people who live, work or carry on business in the area to which the revoked neighbourhood development order, community right to build order or neighbourhood development plan related; and
cease to make the revoked neighbourhood development order, community right to build order or neighbourhood development plan available on their website and at any other place where it was available for inspection.
This regulation applies where a qualifying body requests the Secretary of State to intervene—
in relation to an order proposal, under paragraph 13B of Schedule 4B to the 1990 Act; or
in relation to a plan proposal, under that paragraph as applied by section 38A(3) of the 2004 Act.
The request must be in writing and give reasons for the request.
In a case where sub-paragraph (1)(b) or (c) of paragraph 13B of Schedule 4B to the 1990 Act applies, the request must be submitted to the Secretary of State by the date prescribed in paragraph (4).
The date prescribed in this paragraph is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first publish their decision in accordance with regulation 18(2) (in the case of a plan proposal) or 25(2) (in the case of an order proposal).
The Secretary of State may appoint an inspector to make any decision falling to be made by the Secretary of State under paragraph 13B of Schedule 4B to the 1990 Act in relation to the proposal.
The Secretary of State or the inspector may direct the authority to refrain from taking any action that is specified in the direction that the authority would otherwise be required or entitled to take under paragraph 12 or 13 of that Schedule in relation to the proposal.
Where a qualifying body makes a request in accordance with regulation 31A in relation to an order proposal or a plan proposal, the local planning authority must send to the Secretary of State or the inspector appointed under paragraph (5) of that regulation—
the report made by the examiner of the proposal under paragraph 10 of Schedule 4B to the 1990 Act;
in a case where sub-paragraph (1)(b) or (c) of paragraph 13B applies, the decision statement published in accordance with regulation 18(2) (in the case of a plan proposal) or 25(2) (in the case of an order proposal);
in the case of a plan proposal, each of the documents referred to in regulation 17;
in the case of an order proposal, each of the documents referred to in regulation 24;
any representations received by the authority in response to an invitation under paragraph 13(1) of Schedule 4B to the 1990 Act;
any other document held by the local planning authority that the authority consider to be relevant to the consideration of the request by the Secretary of State or the inspector; and
any other document held by the local planning authority that is requested by the Secretary of State or the inspector.
The persons prescribed for the purposes of sub-paragraph (4)(a) of paragraph 13B of Schedule 4B to the 1990 Act are—
the qualifying body; and
in the case of a plan proposal,
any person whose representation was submitted to the examiner of the proposal in accordance with regulation 17(d); and
any consultation body which is referred to in the consultation statement mentioned in regulation 15;
in the case of an order proposal,
any person whose representation was submitted to the examiner of the proposal in accordance with regulation 24(f); and
any consultation body which is referred to in the consultation statement mentioned in regulation 22.
This regulation applies where the Secretary of State or the inspector appointed under paragraph (5) of regulation 31A gives a direction under sub-paragraph (2) or (3) of paragraph 13B of Schedule 4B to the 1990 Act.
The direction must be accompanied by a statement setting out the reasons of the Secretary of State or the inspector for making the direction.
As soon as possible after receiving the direction, the local planning authority must—
publish—
the direction and the reasons; and
the report made by the examiner under paragraph 10 of Schedule 4B to the 1990 Act (if that report has not been published in accordance with regulation 18(2)(c) (in the case of a plan proposal) or 25(2)(c) (in the case of an order proposal)),
on their website and in such other manner as they consider is likely to bring the direction and, as the case may be, the report to the attention of people who live, work or carry on business in the neighbourhood area; and
send a copy of the direction and reasons to the qualifying body.
The provisions of Schedule 2 have effect.
The provisions of Schedule 3 have effect.
Signed by authority of the Secretary of State for Communities and Local Government