(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 policies (however expressed) in relation to the development and use of land in the whole or any part of 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—
(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 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 in each applicable referendum under that Schedule (as so applied) more than half of those voting 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 [F2and, in any event, by such date as may be prescribed].
(5)If—
(a)there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and
(b)in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan,
the authority may (but need not) make a neighbourhood development plan to which the proposal relates.
(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 [F3[F4assimilated] obligation] or any of the 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).
(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,
(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,
(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),
(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—
(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—
(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.
[F5(11A)Subsection (11) is subject to Schedule A2, which makes provision for the modification of a neighbourhood development plan.]
[F6(11B)Subsection (11C) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood development plan relates to more than one neighbourhood area.
(11C)The replacement of the plan by a new plan in relation to one or some of those areas does not affect the continuation in force of the plan in relation to the other area or areas.]
(12)For the purposes of this section—
“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 sections 61G and 61I(1) of the principal Act,
“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 relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act.]
Textual Amendments
F1Ss. 38A-38C 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), ss., 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
F2Words in s. 38A(4)(b) inserted (12.5.2016) by Housing and Planning Act 2016 (c. 22), ss. 140(3), 216(1)(d)
F3Words in s. 38A(6) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 3(2); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in s. 38A(6) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 53(2)(a)
F5S. 38A(11A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(5), 46(3); S.I. 2018/38, reg. 3(b)
F6S. 38A(11B)(11C) inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(6), 46(1); S.I. 2018/38, reg. 3(c)