The Neighbourhood Planning (Referendums) (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of these Regulations)

These Regulations amend the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031) (the “2012 Regulations”). The 2012 Regulations make provision for the conduct of referendums held in accordance with paragraphs 14 and 15 of Schedule 4B to the Town and Country Planning Act 1990 (“the 1990 Act”) in relation to the question of whether a neighbourhood development plan, neighbourhood development order or a community right to build order should be made in relation to a neighbourhood area in England.

Regulation 2 of these Regulations inserts a new regulation 2A of the 2012 Regulations that prescribes a date by which a referendum must be held. Paragraph (2) of the new regulation 2A prescribes this as the date 56 days from the day after a local planning authority publishes their decision that a referendum must be held. A longer period of 84 days is allowed where a business referendum is also required to be held, where the referendum area comprises any part of the area of two or more relevant councils, or where the relevant council is not the local planning authority. Paragraph (3) of the new Regulation 2A describes circumstances in which the referendum need not be held by the prescribed date, though a relevant council may still choose to hold the referendum by the prescribed date. Paragraphs (4) and (5) provide that any days used to calculate dates referred to in these Regulations are working days.

An Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or the voluntary sector.