The Legislative Reform (Community Governance Reviews) Order 2015

Community governance applications

4.  After section 80 insert—

“Community governance applications

80A.— (1) A community governance application is an application for a community governance review to be undertaken.

(2) An application is not a valid community governance application unless the conditions in subsections (3) to (7) are met (so far as they are applicable).

(3) The application may be made only by an organisation or body designated as a neighbourhood forum under section 61F of the Town and Country Planning Act 1990(1).

(4) The application must relate to the whole or any part of an area specified in a neighbourhood development plan made under section 38A of the Planning and Compulsory Purchase Act 2004.

(5) The application must—

(a) define the area to which the review is to relate (whether on a map or otherwise), and

(b) specify one or more recommendations which the applicant wishes a community governance review to consider making.

(6) If the specified recommendations include the constitution of a new parish, the application must define the area of the new parish (whether on a map or otherwise).

(7) If the specified recommendations include the alteration of the area of an existing parish, the application must define the area of the parish as it would be after alteration (whether on a map or otherwise).

(8) If the specified recommendations include the constitution of a new parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include the recommendations in section 87(5) to (7).

(9) If the specified recommendations include the establishment of a parish council or parish meeting for an area which does not exist as a parish, the application is to be treated for the purposes of this Chapter as if the specified recommendations also include recommendations for such a parish to come into being (either by constitution of a new parish or alteration of the area of an existing parish).”

(1)

1990 c. 8. Section 61F added by the Localism Act 2011 c. 20 (Sch 9(1) para 2). The requirements on an application for designation as a neighbourhood forum are prescribed in article 8 of S.I. 2012/637