SCHEDULES

C1F1SCHEDULE 4BProcess for making of neighbourhood development orders

Annotations:
Amendments (Textual)
F1

Sch. 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)
C1

Sch. 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)

Independent examination

10

1

The examiner must make a report on the draft order containing recommendations in accordance with this paragraph (and no other recommendations).

2

The report must recommend either—

a

that the draft order is submitted to a referendum, or

b

that modifications specified in the report are made to the draft order and that the draft order as modified is submitted to a referendum, or

c

that the proposal for the order is refused.

3

The only modifications that may be recommended are—

a

modifications that the examiner considers need to be made to secure that the draft order meets the basic conditions mentioned in paragraph 8(2),

b

modifications that the examiner considers need to be made to secure that the draft order is compatible with the Convention rights,

c

modifications that the examiner considers need to be made to secure that the draft order complies with the provision made by or under sections 61E(2), 61J and 61L,

d

modifications specifying a period under section 61L(2)(b) or (5), and

e

modifications for the purpose of correcting errors.

4

The report may not recommend that an order (with or without modifications) is submitted to a referendum if the examiner considers that the order does not—

a

meet the basic conditions mentioned in paragraph 8(2), or

b

comply with the provision made by or under sections 61E(2), 61J and 61L.

5

If the report recommends that an order (with or without modifications) is submitted to a referendum, the report must also make—

a

a recommendation as to whether the area for the referendum should extend beyond the neighbourhood area to which the order relates, and

b

if a recommendation is made for an extended area, a recommendation as to what the extended area should be.

6

The report must—

a

give reasons for each of its recommendations, and

b

contain a summary of its main findings.

7

The examiner must send a copy of the report to the qualifying body and the local planning authority.

8

The local planning authority must then arrange for the publication of the report in such manner as may be prescribed.