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)
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.]