Textual Amendments
F1Sch. A2 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), s. 46(3), Sch. 1; S.I. 2018/38, reg. 3(b)
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—
(a)in the period of two years ending with the date on which the proposal in question is received, the authority received a proposal under this Schedule (“the earlier proposal”),
(b)the authority did not make a neighbourhood development plan in response to the earlier proposal as a result of paragraph 8(4) or 14(4) or (8), and
(c)the earlier proposal was the same as or similar to the proposal in question.
(4)Condition B is that the local planning authority consider that there has been no significant change in circumstances since the earlier proposal was dealt with as mentioned in sub-paragraph (3)(b).
6E+WIf a local planning authority decline to consider a proposal under paragraph 5 they must notify the qualifying body of that fact and of their reasons for declining to consider it.
7(1)This paragraph applies if—E+W
(a)a proposal has been made to a local planning authority,
(b)the authority have not exercised their powers under paragraph 5 to decline to consider it, and
(c)the authority consider that the modifications contained in the draft plan to which it relates are so significant or substantial as to change the nature of the neighbourhood development plan which the draft plan would replace.
(2)The local planning authority must instead consider the proposal under paragraph 6 of Schedule 4B to the principal Act (as applied by sections 38A(3) and 38C(5) of this Act).
(3)That Schedule is to apply in relation to the proposal as if the proposal had been submitted to the local planning authority under that Schedule.
8(1)This paragraph applies if—E+W
(a)a proposal has been made to a local planning authority,
(b)the authority have not exercised their power under paragraph 5 to decline to consider it, and
(c)paragraph 7 does not apply.
(2)The authority must consider—
(a)whether the qualifying body is authorised for the purposes of a neighbourhood development plan to act in relation to the neighbourhood area concerned as a result of section 61F of the principal Act (as applied by section 38C(2)(a) of this Act),
(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 plan) 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 plan complies with the provision made by or under sections 38A and 38B.
(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.]