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SCHEDULES

[F1SCHEDULE 4BE+WProcess for making of neighbourhood development orders

Textual Amendments

F1Sch. 4B inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss. 116(2), 240(5)(j), Sch. 10; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

Modifications etc. (not altering text)

C1Sch. 4B applied (with modifications) by 2004 c. 5, s. 38A(3) 38C(5) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2)

ReferendumE+W

Intervention powers of Secretary of StateE+W

[F213B(1)This paragraph applies where the qualifying body requests the Secretary of State to intervene under this paragraph and—

(a)the local planning authority have failed, by the applicable date prescribed under paragraph 13A, to take a decision as to whether a referendum is (or referendums are) to be held on the making of a neighbourhood development order,

(b)a recommendation made under paragraph 10(2) is not followed by the authority, or

(c)the authority make any modification under paragraph 12(5) that is not—

(i)a modification recommended under paragraph 10(2)(b),

(ii)a modification that the authority consider needs to be made to secure that the draft order does not breach, and is otherwise compatible with, [F3retained EU obligations],

(iii)a modification that the authority consider needs to be made to secure that the draft order is compatible with the Convention rights, or

(iv)a modification for the purpose of correcting an error.

(2)The Secretary of State may exercise functions of the local planning authority under paragraph 12(2) and (3) and—

(a)if satisfied that paragraph (a) or (b) of paragraph 12(4) applies, may direct the authority to make arrangements for a referendum (or referendums) to be held on the making of a neighbourhood development order;

(b)if not so satisfied, may direct the authority to refuse the proposal.

(3)The Secretary of State may direct the authority to take the actions referred to in paragraph 12(8) and (9).

(4)If by reason (wholly or partly) of new evidence or a new fact, or a different view taken by the Secretary of State as to a particular fact, the Secretary of State proposes to direct the local planning authority to act in a way that is not in accordance with what was recommended by the examiner—

(a)the Secretary of State may require the authority to notify prescribed persons of the proposed direction (and the reason for it) and invite representations;

(b)the Secretary of State may also require them to refer the issue to independent examination.

(5)The order on which a referendum is (or referendums are) to be held by virtue of sub-paragraph (2)(a) is the draft order subject to such modification (if any) as the Secretary of State or the local planning authority consider appropriate.

(6)The only modifications the local planning authority may make under sub-paragraph (5) are—

(a)modifications that the authority consider need to be made to secure that the draft order does not breach, and is otherwise compatible with, [F4retained EU obligations],

(b)modifications that the authority consider need to be made to secure that the draft order is compatible with the Convention rights, and

(c)modifications for the purpose of correcting errors.

Textual Amendments

F2Sch. 4B paras. 13B, 13C and cross-heading inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(1), 216(3); S.I. 2016/733, reg. 4(1)(b)

[F213CRegulations may make provision supplementing that made by paragraph 13B; and the regulations may in particular—

(a)prescribe the form and content of a request by the qualifying body under paragraph 13B(1) and the date by which it must be made;

(b)confer power on the Secretary of State to direct a local planning authority to refrain from taking any action specified in the direction that they would otherwise be required or entitled to take under paragraph 12 or 13;

(c)make provision under which decisions falling to be made by the Secretary of State under paragraph 13B may be made instead by a person appointed by the Secretary of State for the purpose (an “inspector”);

(d)prescribe matters that the Secretary of State or an inspector must take into account in making a decision;

(e)require a local planning authority to provide prescribed information to the Secretary of State or to an inspector;

(f)make provision about examinations carried out by virtue of paragraph 13B(4)(b) (including any provision of a kind mentioned in paragraph 11(2));

(g)make provision (in addition to that made by paragraph 13B(4)(b)) for the holding of an examination, and for the payment by a local planning authority of remuneration and expenses of the examiner;

(h)provide for the Secretary of State, or a local planning authority on the direction of the Secretary of State, to notify to prescribed persons and to publish—

(i)prescribed decisions made by the Secretary of State under paragraph 13B,

(ii)the reasons for making those decisions, and

(iii)other prescribed matters relating to those decisions.]

Textual Amendments

F2Sch. 4B paras. 13B, 13C and cross-heading inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(1), 216(3); S.I. 2016/733, reg. 4(1)(b)

14(1)This paragraph makes provision in relation to a referendum that, as a result of paragraph 12(4) [F5or a direction under paragraph 13B(2)(a)], must be held on the making of a neighbourhood development order.E+W

(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)).

(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 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).

Textual Amendments

F5Words in Sch. 4B para. 14(1) inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 141(2), 216(3); S.I. 2016/733, reg. 4(1)(b)

15(1)The additional referendum mentioned in paragraph 12(4) must be held on the making of a neighbourhood development order if the draft order relates to a neighbourhood area that has been designated as a business area under section 61H.E+W

(2)Sub-paragraph (2) of paragraph 14 is to apply in relation to the additional referendum as it applies in relation to a referendum under that paragraph.

(3)A person is entitled to vote in the additional referendum if on the prescribed date—

(a)the person is a non-domestic ratepayer in the referendum area, or

(b)the person meets such other conditions as may be prescribed.

(4) “ Non-domestic ratepayer ” has the same meaning as in Part 4 of the Local Government Act 2003 (see section 59(1)).

(5)Regulations may make provision for excluding a person's entitlement to vote in the additional referendum.

16(1)[F6The Secretary of State F7... may by regulations] make provision about referendums held under paragraph 14 or 15.E+W

(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,

(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 or 15 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 F8... must consult the Electoral Commission.

(6) In this paragraph “ enactment ” means an enactment, whenever passed or made. ]

Textual Amendments

Modifications etc. (not altering text)

C2Sch. 4B para. 16 functions made excercisable concurrently (6.11.2013) by The Transfer of Functions (Elections and Referendums) Order 2013 (S.I. 2013/2597), arts. 1(2), 2(a) (with art. 3)

C3Sch. 4B para. 16 functions transferred (22.6.2015) by The Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376), arts. 1(2), 3(1), Sch. 1 (with art. 9)