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)
5(1)A local planning authority may decline to consider a proposal submitted to them if they consider that it is a repeat proposal.E+W
(2)A proposal (“the proposal in question”) is a “repeat” proposal for the purposes of this paragraph if it meets conditions A and B.
(3)Condition A is that in the period of two years ending with the date on which the proposal in question is received—
(a)the authority have refused a proposal under paragraph 12 or section 61E(8) that is the same as or similar to the proposal in question, or
(b)a referendum on an order relating to a proposal under this Schedule that is the same as or similar to the proposal in question has been held under this Schedule and half or less than half of those voting voted in favour of the order.
(4)Condition B is that the local planning authority consider that there has been no significant change in relevant considerations since the refusal of the proposal or the holding of the referendum.
(5) For the purposes of this paragraph “ relevant considerations ” means—
(a)national policies and advice contained in guidance issued by the Secretary of State that are relevant to the draft neighbourhood development order to which the proposal in question relates, and
(b)the strategic policies contained in the development plan for the area of the authority (or any part of that area).
(6)If the authority decline to consider the proposal, they must notify the qualifying body of that fact and of their reasons for declining to consider it.
6(1)This paragraph applies if—E+W
(a)a proposal has been made to a local planning authority, and
(b)the authority have not exercised their powers under paragraph 5 to decline to consider it.
(2)The authority must consider—
(a)whether the qualifying body is authorised for the purposes of a neighbourhood development order to act in relation to the neighbourhood area concerned as a result of section 61F,
(b)whether the proposal by the body complies with provision made by or under that section,
(c)whether the proposal and the documents and information accompanying it (including the draft neighbourhood development order) comply with provision made by or under paragraph 1, and
(d)whether the body has complied with the requirements of regulations made under paragraph 4 imposed on it in relation to the proposal.
(3)The authority must also consider whether the draft neighbourhood development order complies with the provision made by or under sections 61E(2), 61J and 61L.
(4)The authority must—
(a)notify the qualifying body as to whether or not they are satisfied that the matters mentioned in sub-paragraphs (2) and (3) have been met or complied with, and
(b)in any case where they are not so satisfied, refuse the proposal and notify the body of their reasons for refusing it.]