[F161FAuthorisation to act in relation to neighbourhood areasE+W
(1)For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council.
(2)If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent.
(3)For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area.
(4)An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council.
(5)A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions—
(a)it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area),
(b)its membership is open to—
(i)individuals who live in the neighbourhood area concerned,
(ii)individuals who work there (whether for businesses carried on there or otherwise), and
(iii)individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
(c)its membership includes a minimum of 21 individuals each of whom—
(i)lives in the neighbourhood area concerned,
(ii)works there (whether for a business carried on there or otherwise), or
(iii)is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned,
(d)it has a written constitution, and
(e)such other conditions as may be prescribed.
(6)A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions.
(7)A local planning authority—
(a)must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body—
(i)which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b),
(ii)whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and
(iii)whose purpose reflects (in general terms) the character of that area,
(b)may designate only one organisation or body as a neighbourhood forum for each neighbourhood area,
(c)may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and
(d)must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application.
(8)A designation—
(a)ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and
(b)in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association.
[F2(8A)A designation ceases to have effect if—
(a)a new parish council is created or there is a change in the area of a parish council, and
(b)as a result, the neighbourhood area for which the neighbourhood forum is designated consists of or includes the whole or any part of the area of the parish council.
(8B)The operation of subsection (8A) does not affect the validity of any proposal for a neighbourhood development order made before the event mentioned in paragraph (a) of that subsection took place.]
(9)A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting—
(a)the conditions by reference to which it was designated, or
(b)any other criteria to which the authority were required to have regard in making the designation;
and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body.
(10)A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding.
(11)Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas.
(12)Regulations—
(a)may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and
(b)may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)).
(13)The regulations may in particular make provision—
(a)as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order,
(b)as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it,
(c)suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum,
(d)for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and
(e)requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum.]
Textual Amendments
F1Ss. 61E-61Q and cross-heading inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 2; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)
F2S. 61F(8A), (8B) inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(2), 46(1); S.I. 2018/38, reg. 3(c)
Modifications etc. (not altering text)
C1S. 61F applied by 2004 c. 5, s. 38C(2)(a) (as inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))
C2S. 61F applied (with modifications) by 2004 c. 5, s. 38C(2A) (as 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), ss. 4(7), 46(3); S.I. 2018/38, reg. 3(b))