The Neighbourhood Planning (General) Regulations 2012

[F1 PART 8A E+W Intervention by the Secretary of State

Textual Amendments

F1 Pt. 8A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(10) (with reg. 4(5))

Requests to intervene and dealing with requests E+W

31A.— (1) This regulation applies where a qualifying body requests the Secretary of State to intervene—

(a) in relation to an order proposal, under paragraph 13B of Schedule 4B to the 1990 Act; or

(b) in relation to a plan proposal, under that paragraph as applied by section 38A(3) of the 2004 Act.

(2) The request must be in writing and give reasons for the request.

(3) In a case where sub-paragraph (1)(b) or (c) of paragraph 13B of Schedule 4B to the 1990 Act applies, the request must be submitted to the Secretary of State by the date prescribed in paragraph (4).

(4) The date prescribed in this paragraph is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first publish their decision in accordance with regulation 18(2) (in the case of a plan proposal) or 25(2) (in the case of an order proposal).

(5) The Secretary of State may appoint an inspector to make any decision falling to be made by the Secretary of State under paragraph 13B of Schedule 4B to the 1990 Act in relation to the proposal.

(6) The Secretary of State or the inspector may direct the authority to refrain from taking any action that is specified in the direction that the authority would otherwise be required or entitled to take under paragraph 12 or 13 of that Schedule in relation to the proposal.

Information provided to the Secretary of State E+W

31B.   Where a qualifying body makes a request in accordance with regulation 31A in relation to an order proposal or a plan proposal, the local planning authority must send to the Secretary of State or the inspector appointed under paragraph (5) of that regulation—

(a) the report made by the examiner of the proposal under paragraph 10 of Schedule 4B to the 1990 Act;

(b) in a case where sub-paragraph (1)(b) or (c) of paragraph 13B applies, the decision statement published in accordance with regulation 18(2) (in the case of a plan proposal) or 25(2) (in the case of an order proposal);

(c) in the case of a plan proposal, each of the documents referred to in regulation 17;

(d) in the case of an order proposal, each of the documents referred to in regulation 24;

(e) any representations received by the authority in response to an invitation under paragraph 13(1) of Schedule 4B to the 1990 Act;

(f) any other document held by the local planning authority that the authority consider to be relevant to the consideration of the request by the Secretary of State or the inspector; and

(g) any other document held by the local planning authority that is requested by the Secretary of State or the inspector.

Notification where Secretary of State proposes to differ from examiner E+W

31C.   The persons prescribed for the purposes of sub-paragraph (4)(a) of paragraph 13B of Schedule 4B to the 1990 Act are—

(a) the qualifying body; and

(b) in the case of a plan proposal,

(i) any person whose representation was submitted to the examiner of the proposal in accordance with regulation 17(d); and

(ii) any consultation body which is referred to in the consultation statement mentioned in regulation 15;

(c) in the case of an order proposal,

(i) any person whose representation was submitted to the examiner of the proposal in accordance with regulation 24(f); and

(ii) any consultation body which is referred to in the consultation statement mentioned in regulation 22.

Publication of directions E+W

31D.— (1) This regulation applies where the Secretary of State or the inspector appointed under paragraph (5) of regulation 31A gives a direction under sub-paragraph (2) or (3) of paragraph 13B of Schedule 4B to the 1990 Act.

(2) The direction must be accompanied by a statement setting out the reasons of the Secretary of State or the inspector for making the direction.

(3) As soon as possible after receiving the direction, the local planning authority must—

(a) publish—

(i) the direction and the reasons; and

(ii) the report made by the examiner under paragraph 10 of Schedule 4B to the 1990 Act (if that report has not been published in accordance with regulation 18(2)(c) (in the case of a plan proposal) or 25(2)(c) (in the case of an order proposal)),

on their website and in such other manner as they consider is likely to bring the direction and, as the case may be, the report to the attention of people who live, work or carry on business in the neighbourhood area; and

(b) send a copy of the direction and reasons to the qualifying body.]