The Neighbourhood Planning (General) Regulations 2012

Regulation 3

SCHEDULE 1 E+W Consultation Bodies

Neighbourhood development plans E+W

1.  For the purposes of regulations 14 and 16, a “ consultation body” means—

(a) where the local planning authority is a London borough council, the Mayor of London;

(b) a local planning authority, county council or parish council any part of whose area is in or adjoins the area of the local planning authority;

(c) the Coal Authority M1 ;

(d) the Homes and Communities Agency M2 ;

(e) Natural England M3 ;

(f) the Environment Agency M4 ;

(g) the Historic Buildings and Monuments Commission for England (known as English Heritage) M5 ;

(h) Network Rail Infrastructure Limited (company number 2904587);

[F1 (i) a strategic highways company any part of whose area is in or adjoins the neighbourhood area;

(ia) where the Secretary of State is the highway authority for any road in the area of a local planning authority any part of whose area is in or adjoins the neighbourhood area, the Secretary of State for Transport;]

(j) the Marine Management Organisation M6 ;

(k) any person—

(i) to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003; and

(ii) who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority;

(l) where it exercises functions in any part of the neighbourhood area—

[F2 (i) [F3 an integrated care board established under Chapter A3 of Part 2 of the National Health Service Act 2006];

(iia) [F4 NHS England];]

(ii) a person to whom a licence has been granted under section 6(1)(b) and (c) of the Electricity Act 1989 M7 ;

(iii) a person to whom a licence has been granted under section 7(2) of the Gas Act 1986 M8 ;

(iv) a sewerage undertaker; and

(v) a water undertaker;

(m) voluntary bodies some or all of whose activities benefit all or any part of the neighbourhood area;

(n) bodies which represent the interests of different racial, ethnic or national groups in the neighbourhood area;

(o) bodies which represent the interests of different religious groups in the neighbourhood area;

(p) bodies which represent the interests of persons carrying on business in the neighbourhood area; and

(q) bodies which represent the interests of disabled persons in the neighbourhood area.

Textual Amendments

F1 Sch. 1 para. 1(i)(ia) substituted for Sch. 1 para. 1(i) (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 53(2)

F2 Sch. 1 para. 1(l)(i)(ia) substituted for Sch. 1 para. 1(l)(i) (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 168

F3 Words in Regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1

F4 Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Marginal Citations

M1 See section 1 of the Coal Industry Act 1994 (c.21).

M2 See section 2 of the Housing and Regeneration Act 2008 (c.17).

M3 See section 1 of the Natural Environment and Rural Communities Act 2006 (c.16).

M4 See section 1(1) of the Environment Act 1995 (c.25).

M5 See section 32 of the National Heritage Act 1983 (c.47).

M6 See section 1 of the Marine and Coastal Access Act 2009 (c.23).

M7 1989 c.29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c.27).

M8 1986 c.44. Section 7 was amended sections 3(2), 76(1) and (3) of, and paragraphs 1 and 4 of Schedule 6 to, the Utilities Act 2000.

Neighbourhood development orders and community right to build orders E+W

2.—(1) For the purposes of regulations 21 and 23, a “ consultation body” means—

(a) any person referred to in paragraph 1(k) and (l);

(b) where the neighbourhood area to which the neighbourhood development order or community right to build order relates consists of or includes the whole or any part of the area of a parish council, that parish council;

(c) any parish council or, in the case of a neighbourhood development order (but not a community right to build order), a neighbourhood forum for an area which adjoins the neighbourhood area; and

(d) where the development to be authorised under the proposed neighbourhood development order or community right to build order falls within any category set out in the following Table, the person mentioned in the Table in relation to each of those categories.

Table

1 S.I. 2010/2184.
2 1953 c.49.
3 London Protected Vista Directions were made by the Secretary of State under section 74(1)(c) of the 1990 Act.
Paragraph	Development	Consultation body
(a)	Any development.	The Historic Buildings and Monument Commission for England (known as English Heritage)
(b)	Development which falls within a category specified in Schedule 5 to the Town and Country Planning (Development Management Procedure) (England) Order 20101.	The person mentioned in relation to that category of development in Schedule 5 to that Order
(c)	Development of land— (i) forming the site of or in the neighbourhood of a civil aerodrome or technical site; or (ii) involving the construction of any building or works extending 91.4 metres or more above ground level.	The Civil Aviation Authority and NATS Holdings Limited
(d)	Development of land— (i) forming the site of or in the neighbourhood of a military aerodrome, technical site or explosives storage area; or (ii) involving the construction of any highway or formation, laying out or alteration of any means of access to a highway, which is planned to run within 300 metres of the perimeter of a military aerodrome.	Secretary of State for Defence
(e)	Development which, in the qualifying body's opinion, is likely to affect any garden or park of special historic interest which is registered in accordance with section 8C of the Historic Buildings and Ancient Monuments Act 19532.	The Garden History Society
(f)	Development in the area of a London borough council to which any of Protected Vista Directions issued by the Secretary of State for Communities and Local Government in July 2010 apply3.	Mayor of London and, in relation to the protected vista of the Tower of London from outside City Hall on Queen's Walk, the Historic Royal Palaces Trust
([F5 g)	Development which consists of or includes the construction, formation or laying out of access to or from a trunk road.]	[F5 The highway authority for the trunk road.]

(2) In the above Table—

(a) in paragraphs (c) and (d) “aerodrome” means any area of land or water designed, equipped, set apart, commonly used or in prospective use for affording facilities for the landing and departure of aircraft and includes any area of space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing or departure of aircraft capable of descending or climbing vertically, particulars of which have been furnished by the Civil Aviation Authority or the Secretary of State to the local planning authority or authorities for the area in which it is situated;

(b) in paragraph (c) “technical site” means any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000 M9 for the provision of air traffic services, particulars of which have been furnished by the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated;

(c) in paragraph (d) “technical site” means any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated; and

(d) in paragraph (g) “trunk road” and “special road” have the meanings given in section 329 of the Highways Act 1980 M10 .

Textual Amendments

F5 Sch. 1 para. 2(1)(g) substituted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 53(3)

Marginal Citations

M9 2000 c.38.

M10 1980 c.66.

Regulation 32

SCHEDULE 2 E+W Habitats

[F6 Neighbourhood development plans E+W

1.   In relation to the examination of neighbourhood development plans the following basic condition is prescribed for the purpose of paragraph 8(2)(g) of Schedule 4B to the 1990 Act—

• The making of the neighbourhood development plan does not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017.]

Textual Amendments

F6 Sch. 2 para. 1 substituted (28.12.2018) by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1307), regs. 1(1), 3(2)

Amendments to the Conservation of Habitats and Species Regulations 2010 E+W

F7 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 2 paras. 2-5 omitted (30.11.2017) by virtue of The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(4)(ii)

F7 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 Sch. 2 paras. 2-5 omitted (30.11.2017) by virtue of The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(4)(ii)

F7 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F7 Sch. 2 paras. 2-5 omitted (30.11.2017) by virtue of The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(4)(ii)

F7 5.  ................... E+W

Textual Amendments

F7 Sch. 2 paras. 2-5 omitted (30.11.2017) by virtue of The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 27(4)(ii)

Regulation 33

SCHEDULE 3 E+W Environmental Impact Assessments

1.  In this Schedule— E+W

“EIA development” means development which satisfies the definition of “Schedule 2 development” in regulation 2(1) of the EIA Regulations; and

“environmental information” has the meaning given in regulation 2(1) of the EIA Regulations.

2.  Where the development described in an order proposal is EIA development, the following basic condition is prescribed for the purpose of paragraph 8(2)(g) of Schedule 4B to the 1990 Act— E+W

Having regard to all material considerations, it is appropriate that the neighbourhood development order is made.

Amendments to the EIA Regulations E+W

3.  The EIA Regulations are amended in accordance with the following paragraphs.

4.  In regulation 2(1) (interpretation)— E+W

(a) before the definition of “the Order”, insert—

““neighbourhood development order” means a neighbourhood development order made pursuant to section 61E; ”;M11

(b) before the definition of “principal council”, insert—

““order proposal” means a proposal for the making of a neighbourhood development order by a qualifying body under paragraph 1 of Schedule 4B to the Act;”; and

(c) before the definition of “register”, insert—

““qualifying body” has the meaning given by section 61E(6);”.

Marginal Citations

M11 Section 61E of the Town and Country Planning Act 1990 was inserted by paragraph 2 of Schedule 9 to the Localism Act 2011.

5.  In regulation 25(b) (modifications where application by a local planning authority) for “regulations 7 and 8” substitute “ regulation 7 ”. E+W

6.  After regulation 29 (local development orders) insert— E+W

“Neighbourhood development orders

29A.— (1) This regulation applies to Schedule 2 development for which an order proposal is submitted under paragraph 1 of Schedule 4B to the Act.

(2) Paragraphs (3) and (4) apply where—

(a) the local planning authority adopt a screening opinion; or

(b) the Secretary of State makes a screening direction under these Regulations,

to the effect that the development is Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(3) No referendum may be held under paragraph 12(4) of Schedule 4B to the Act on the making of a neighbourhood development order which would grant planning permission for Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location unless—

(a) an environmental statement has been prepared in relation to that development;

(b) the local planning authority are satisfied that the basic condition prescribed by paragraph 2 of Schedule 3 to the Neighbourhood Planning (General) Regulations 2012 is met; and

(c) the local planning authority have first taken the environmental information into consideration, and have stated in their decision that they have done so.

(4) In a case to which this regulation applies these Regulations have effect subject to the following modifications—

(a) regulation 3 shall not apply;

(b) in regulation 4—

(i) for sub-paragraph (2)(a), substitute—

“(a) the submission by a qualifying body in relation to that development of a statement referred to by the qualifying body as an environmental statement for the purposes of these Regulations; or”; and

(ii) in sub-paragraph (7)(b), for “person” substitute “ qualifying body ”.

(c) in regulation 5—

(i) for paragraph (1), substitute—

“(1) A qualifying body which is minded to submit an order proposal may request the relevant local planning authority to adopt a screening opinion.”;

(ii) in paragraph (2)—

(aa) for “in relation to an application for planning permission” substitute “ by a qualifying body ”; and

(bb) for “person” substitute “ qualifying body ”;

(iii) paragraph (3) shall not apply; and

(iv) in paragraphs (4) to (8) for each reference to “person” substitute “ qualifying body ”;

(d) in regulation 6 for each reference to “person” substitute “ qualifying body ”;

(e) in regulation 7—

(i) for paragraph (a) substitute—

“(a) an order proposal which has been submitted to them under paragraph 1 of Schedule 4B to the Act relates to Schedule 2 development; and”;

(ii) in paragraph (c)—

(aa) for “application” substitute “ order proposal ”; and

(bb) for “applicant” substitute “ qualifying body ”; and

(iii) for “or lodging of the application” substitute “ of the order proposal ”;

(f) regulations 8 and 9 shall not apply;

(g) in regulation 10—

(i) for paragraph (1) substitute—

“(1) Where—

(a) a qualifying body submits an order proposal which is not accompanied by a statement referred to by the qualifying body as an environmental statement for the purposes of these Regulations; and

(b) the relevant planning authority is of the view that the development is Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

the authority shall notify the qualifying body in writing that the submission of an environmental statement is required.”;

(ii) in paragraph (2)—

(aa) for “application” substitute “ order proposal ”; and

(bb) for “applicant” substitute “ qualifying body ”;

(iii) in paragraph (3)—

(aa) for each reference to “applicant” substitute “ qualifying body ”; and

(bb) for “application” substitute “ order proposal ”;

(iv) for paragraphs (4) to (7) substitute—

“(4) A qualifying body receiving a notification pursuant to paragraph (1) may, within 3 weeks beginning with the date of the notification, write to the relevant planning authority stating—

(a) that it accepts their view and is providing an environmental statement; or

(b) unless the condition referred to in paragraph (5) is satisfied, that it is writing to the Secretary of State to request a screening direction.

(5) For the purpose of paragraph (4)(b) the condition is that the Secretary of State has made a screening direction in respect of the development.

(6) If the qualifying body does not write to the authority in accordance with paragraph (4), unless the condition referred to in paragraph (7) is satisfied, at the end of the 3 week period the relevant planning authority must decline to consider the order proposal.

(7) For the purpose of paragraph (6) the condition is that the Secretary of State has made a screening direction to the effect that the development is not EIA development.”;

(v) in paragraph (8) for “determine the relevant application only by refusing planning permission or subsequent consent” substitute “ decline to consider the order proposal ”; and

(vi) in paragraph (9)—

(aa) for “person” substitute “ qualifying body ”;

(bb) for “applicant” substitute “ qualifying body ”;

(cc) for each reference to “application” substitute “ order proposal ”;

(dd) sub-paragraphs (d) and (e) shall not apply;

(h) regulations 11 and 12 shall not apply;

(i) in regulation 13—

(i) for paragraphs (1) and (2) substitute—

“13.— (1) A qualifying body which is minded to submit an order proposal in respect of Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its size, nature or location may ask the relevant planning authority to state in writing their opinion as to the information to be provided in the environmental statement (“a scoping opinion”).

(2) A request under paragraph (1) shall include—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the development and of its possible effects on the environment; and

(c) such other information or representations as the qualifying body may wish to provide or make.”;

(ii) for each reference to “person” substitute “ qualifying body ”; and

(iii) for paragraph (9) substitute—

“(9) An authority which have adopted a scoping opinion in response to a request under paragraph (1) shall not be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request.”;

(j) in regulation 14—

(i) for each reference to “person” substitute “ qualifying body ”; and

(ii) for paragraph (6) substitute—

“(6) Neither the Secretary of State who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request.”;

(k) in regulation 15—

(i) for each reference to “person” substitute “ qualifying body ”; and

(ii) in paragraph (3), omit “or 11(5) or 12(6)”;

(l) in regulation 16—

(i) in paragraph (1) for “An applicant who makes an EIA application” substitute “ A qualifying body which makes an order proposal ”;

(ii) for each reference to “applicant” substitute “ qualifying body ”;

(iii) for each reference to “application” substitute “ order proposal ”; and

(iv) for paragraph (5) substitute—

“(5) The local planning authority shall not submit the order proposal for independent examination under paragraph 7 of Schedule 4B to the Act until the expiry of 14 days from the last date on which a copy of the statement was served in accordance with this regulation.”;

(m) in regulation 17—

(i) for paragraphs (1) and (2) (a) and (b) substitute—

“Publicity where an environmental statement is submitted after the order proposal

17.— (1) Where a qualifying body has submitted an order proposal without an environmental statement and the qualifying body later proposes to submit such a statement, it shall, before submitting it, comply with paragraphs (2) to (5).

(2) The qualifying body shall publish in a local newspaper circulating in the locality in which the land to which the order proposal relates is situated a notice stating—

(a) the qualifying body's name, that an order proposal has been submitted, and the name and address of the relevant planning authority;

(b) the date on which the order proposal was submitted;”;

(ii) in sub-paragraph (2)(d)(i) for “application” substitute “ order proposal ”;

(iii) sub-paragraph (2)(d)(ii) shall not apply;

(iv) for sub-paragraph (2)(i) and (j) substitute—

“(i) that any person wishing to make representations about the order proposal should make them in writing, before the date named in accordance with sub-paragraph (e), to the relevant planning authority.”;

(v) in sub-paragraph (3)—

(aa) for “An applicant who” substitute “ A qualifying body which ”;

(bb) omit “, 11(4) or 12(5)”;

(vi) in paragraphs (4) and (6) for each reference to “applicant” substitute “ qualifying body ”;

(vii) for paragraph (7) substitute—

“(7) Where a qualifying body indicates that it intends to provide a statement in the circumstances mentioned in paragraph (1), the relevant planning authority must not consider the order proposal further until 21 days following the receipt of the statement and of the other documents so mentioned.”; and

(viii) omit paragraph (8);

(n) regulations 18 and 19 shall not apply;

(o) for regulation 20 substitute—

“Availability of copies of environmental statements

20.   A qualifying body which submits an environmental statement in connection with a order proposal, shall ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to regulation 23(2) of the Neighbourhood Planning (General) Regulations 2012 or regulation 17 as the address at which such copies may be obtained.”;

(p) In regulation 22—

(i) for paragraph (1) substitute—

“(1) Where a relevant planning authority or independent examiner dealing with an order proposal in relation to which a qualifying body has submitted an environmental statement are of the opinion that the statement should contain additional information in order to be an environmental statement, the authority or the examiner, as the case may be, shall notify the qualifying body in writing accordingly, and the qualifying body shall provide that additional information; and such information provided by the qualifying body is referred to in these Regulations as “further information”.”;

(ii) for sub-paragraph (3)(a) substitute—

“(a) the name of the qualifying body and the name and address of the relevant planning authority;”;

(iii) for sub-paragraph (3)(b) substitute—

“(b) the date on which the order proposal was submitted;”;

(iv) sub-paragraph (3)(c) shall not apply;

(v) in sub-paragraph (3)(f) for “planning permission or subsequent application” substitute “ order proposal ”;

(vi) in sub-paragraph (3)(k) for “, the Secretary of State or the inspector (as the case may be)” substitute “ or independent examiner. ”;

(vii) in paragraph (6) for “applicant or appellant” substitute “ qualifying body ”;

(viii) for paragraph (7), substitute—

“(7) Where information is requested under paragraph (1) or any other information is provided—

(a) the relevant planning authority shall not consider the proposal further until 21 days following the receipt of the statement and of the other documents so mentioned;

(b) the independent examiner shall not make their report until 21 days following the receipt of the statement and of the other documents so mentioned.”

(ix) in paragraph (8) for “applicant or appellant” substitute “ qualifying body ”; and

(x) for paragraph (10) substitute—

“(10) The relevant planning authority or independent examiner may in writing require a qualifying body to produce such evidence as they may reasonably call for to verify any information in the environmental statement.”;

(q) In regulation 23—

(i) for paragraph (1) substitute—

“(1) Where particulars of an order proposal are placed on the register, the relevant planning authority shall take steps to secure that there is also placed on the register a copy of any relevant—”;

(ii) in sub-paragraph (1)(e) omit “, 11(2) or 12(4)”; and

(iii) in paragraph (2) for “application is made for planning permission or subsequent consent” substitute “ order proposal is submitted by a qualifying body ”;

(r) in regulation 24—

(i) for “Where an EIA application is determined by a local planning authority,” substitute “ As soon as possible after making a decision to make the neighbourhood development order under section 61E(4) of the Act or to refuse to make it under section 61E(8) of the Act, ”; and

(ii) paragraphs (2) and (3) shall not apply.

(s) Parts 7 to 10 shall not apply; and

(t) in regulation 53—

(i) in paragraph (3) for each reference to “application” substitute “ order proposal ”;

(ii) in sub-paragraph (4)(b) for “before planning permission for the development is granted” substitute “before a decision is made under paragraph 12(4) of Schedule 4B to the Act that the draft order meets the basic conditions; and

(iii) in paragraph (6) for “on the determination of the application concerned” substitute “ on a decision being made under paragraph 12(4) of Schedule 4B to the Act that the draft order meets the basic conditions ”.”.

7.  In regulation 36(b) (appeal to Secretary of State without an environmental statement) for “paragraph (2) of this regulation” substitute “ regulation 31 ”. E+W

8.  In regulation 38 (further information and evidence respecting environmental statements) for “this regulation” substitute “ this Part ”. E+W

9.  In regulation 43 (modification of provisions on prohibition of granting planning permission or subsequent consent)— E+W

(a) for “regulation 3(1)” substitute “ regulation 3 ”; and

(b) in paragraph (b) for “article 29(2)” substitute “ article 29(3) ”.

10.  In regulation 47(2) (modification of provisions on preparation, publicity and procedures on submission of environmental statements) for “(3A) Where” substitute “ (4) Where ”. E+W

11.  In regulation 49(2)(b) and (c) (suspension of minerals development) for “paragraph (16)” substitute “ paragraph (1) ”. E+W

12.  In regulation 64(5) delete “laid”. E+W

13.  In paragraph 2(c)(v) of Schedule 3 (selection criteria for screening Schedule 2 development) before “areas designated by Member States” insert “areas classified or protected under Member States' legislation”. E+W