Intervention powers of Secretary of State

13B

1

This paragraph applies where the qualifying body requests the Secretary of State to intervene under this paragraph and—

a

the local planning authority have failed, by the applicable date prescribed under paragraph 13A, to take a decision as to whether a referendum is (or referendums are) to be held on the making of a neighbourhood development order,

b

a recommendation made under paragraph 10(2) is not followed by the authority, or

c

the authority make any modification under paragraph 12(5) that is not—

i

a modification recommended under paragraph 10(2)(b),

ii

a modification that the authority consider needs to be made to secure that the draft order does not breach, and is otherwise compatible with, EU obligations,

iii

a modification that the authority consider needs to be made to secure that the draft order is compatible with the Convention rights, or

iv

a modification for the purpose of correcting an error.

2

The Secretary of State may exercise functions of the local planning authority under paragraph 12(2) and (3) and—

a

if satisfied that paragraph (a) or (b) of paragraph 12(4) applies, may direct the authority to make arrangements for a referendum (or referendums) to be held on the making of a neighbourhood development order;

b

if not so satisfied, may direct the authority to refuse the proposal.

3

The Secretary of State may direct the authority to take the actions referred to in paragraph 12(8) and (9).

4

If by reason (wholly or partly) of new evidence or a new fact, or a different view taken by the Secretary of State as to a particular fact, the Secretary of State proposes to direct the local planning authority to act in a way that is not in accordance with what was recommended by the examiner—

a

the Secretary of State may require the authority to notify prescribed persons of the proposed direction (and the reason for it) and invite representations;

b

the Secretary of State may also require them to refer the issue to independent examination.

5

The order on which a referendum is (or referendums are) to be held by virtue of sub-paragraph (2)(a) is the draft order subject to such modification (if any) as the Secretary of State or the local planning authority consider appropriate.

6

The only modifications the local planning authority may make under sub-paragraph (5) are—

a

modifications that the authority consider need to be made to secure that the draft order does not breach, and is otherwise compatible with, EU obligations,

b

modifications that the authority consider need to be made to secure that the draft order is compatible with the Convention rights, and

c

modifications for the purpose of correcting errors.

13C

Regulations may make provision supplementing that made by paragraph 13B; and the regulations may in particular—

a

prescribe the form and content of a request by the qualifying body under paragraph 13B(1) and the date by which it must be made;

b

confer power on the Secretary of State to direct a local planning authority to refrain from taking any action specified in the direction that they would otherwise be required or entitled to take under paragraph 12 or 13;

c

make provision under which decisions falling to be made by the Secretary of State under paragraph 13B may be made instead by a person appointed by the Secretary of State for the purpose (an “inspector”);

d

prescribe matters that the Secretary of State or an inspector must take into account in making a decision;

e

require a local planning authority to provide prescribed information to the Secretary of State or to an inspector;

f

make provision about examinations carried out by virtue of paragraph 13B(4)(b) (including any provision of a kind mentioned in paragraph 11(2));

g

make provision (in addition to that made by paragraph 13B(4)(b)) for the holding of an examination, and for the payment by a local planning authority of remuneration and expenses of the examiner;

h

provide for the Secretary of State, or a local planning authority on the direction of the Secretary of State, to notify to prescribed persons and to publish—

i

prescribed decisions made by the Secretary of State under paragraph 13B,

ii

the reasons for making those decisions, and

iii

other prescribed matters relating to those decisions.