Town and Country Planning Act 1990

[F1 Proposals by community organisations for community right to build orders E+W

Textual Amendments

F1 Sch. 4C 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) by Localism Act 2011 (c. 20), ss. 116(3), 240(5)(j), Sch. 11; 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)

4 (1) A community organisation is authorised for the purposes of a community right to build order to act in relation to a neighbourhood area (whether or not any part of the neighbourhood area falls within the area of a parish council) if— E+W

(a) the area mentioned in paragraph 3(1)(a) consists of or includes the neighbourhood area, and

(b) at the time the proposal for the order is made more than half of the members of the organisation live in the neighbourhood area.

(2) Accordingly, the community organisation is in that case to be regarded as a qualifying body for the purposes of section 61E.

(3) Nothing in section 61F is to apply in relation to community right to build orders except subsections (12)(a) and (13)(d) of that section.

(4) In particular, the reference in section 61F(10) to a neighbourhood development order is not to include a reference to a community right to build order (in a case where a community organisation is also a neighbourhood forum).

(5) But a local planning authority may decline to consider a proposal for a community right to build order or other neighbourhood development order if—

(a) another proposal has been made for a community right to build order or other neighbourhood development order,

(b) the other proposal is outstanding, and

(c) the authority consider that the development and site to which the proposals relate are the same or substantially the same.

(6) If the authority decline to consider the proposal, they must notify the person making the proposal of that fact and of their reasons for declining to consider it.

(7) A proposal for a community right to build order must state that the proposal is for such an order.

5 (1) A community organisation is to be regarded as a relevant body for the purposes of section 61G if— E+W

(a) the area specified in the application made by the organisation consists of or includes the area mentioned in paragraph 3(1)(a), and

(b) at the time the application is made more than half of the members of the organisation live in the area specified in the application.

(2) The application made by the community organisation may specify any area within the local planning authority's area, irrespective of whether or not any part of the specified area falls within the area of a parish council.

(3) This paragraph applies only if the application by the community organisation under section 61G is made in connection with a proposal (or an anticipated proposal) for a community right to build order.]