PART 1General

Citation and commencement1

These Regulations may be cited as the Neighbourhood Planning (General) Regulations 2012 and come into force on 6th April 2012.

Review2

1

Before the end of each review period, the Secretary of State must—

a

carry out a review of these Regulations (other than regulations 32 and 33 and Schedules 2 and 3),

b

set out the conclusions of the review in a report, and

c

publish the report.

2

The report must in particular—

a

set out the objectives intended to be achieved by the regulatory system established by these Regulations,

b

assess the extent to which those objectives are achieved, and

c

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

3

“Review period” means—

a

the period of five years beginning with the day on which these Regulations come into force, and

b

subject to paragraph (4), each successive period of five years.

4

If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Interpretation3

In these Regulations—

  • “the 1990 Act” means the Town and Country Planning Act 1990;

  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

  • “address” in relation to electronic communications means any number or address used for the purposes of such communications;

  • “approvals application” means an application for approval, in relation to a condition or limitation subject to which planning permission is granted by a neighbourhood development order, under section 61L(2) of the 1990 Act;

  • “area application” means an application for the designation of a neighbourhood area made under section 61G of the 1990 Act;

  • “consultation body” has the meaning given in Schedule 1;

  • “contact details” means the name, address and telephone number of the person concerned;

  • “EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations F142017;

  • “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 M1;

  • “electronic communications apparatus” has the meaning given in F21paragraph 5 of the electronic communications code;

  • “electronic communications code” has the meaning given in section 106(1) of the Communications Act 2003 M2;

  • “inspection” means inspection by the public;

  • F22“modification proposal” means a proposal submitted by a qualifying body under paragraph 1 of Schedule A2 to the 2004 Act;

  • “neighbourhood forum application” means an application for designation of a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act;

  • “order proposal” means a proposal for a neighbourhood development order submitted by a qualifying body M3 under paragraph 1 of Schedule 4B to the 1990 Act or community right to build order submitted by a community organisation M4 under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act; and

  • “plan proposal” means a proposal for a neighbourhood development plan submitted by a qualifying body M5 under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act).

Electronic communications4

1

Where within these Regulations—

a

a person is required to consult or seek representations from another person or body; and

b

that other person has an address for the purposes of electronic communications;

the document, copy, notice or notification may be sent or made by way of electronic communication.

2

Where within these Regulations a person may make representations on any matter or document, those representations may be made—

a

in writing, or

b

by way of electronic communication.

3

Where—

a

an electronic communication is used as mentioned in paragraphs (1) and (2); and

b

the communication is received by the recipient outside normal working hours;

it shall be taken to have been received on the next working day.

4

In this regulation “working day” means a day which is not a Saturday, Sunday, bank holiday under the Banking and Financial Dealings Act 1971 M6 or other public holiday in England.

PART 2Neighbourhood Areas

Application for designation of a neighbourhood area5

1

Where a relevant body M7 submits an area application to the local planning authority it must include—

a

a map which identifies the area to which the area application relates;

b

a statement explaining why this area is considered appropriate to be designated as a neighbourhood area; and

c

a statement that the organisation or body making the area application is a relevant body for the purposes of section 61G of the 1990 Act.

2

A local planning authority may decline to consider an area application if the relevant body has already made an area application and a decision has not yet been made on that application.

Annotations:
Marginal Citations
M7

For the definition of “relevant body” see section 61G(2) of the 1990 Act (inserted by paragraph 2 of Schedule 9 to the Localism Act 2011 (c.20).

F5Designation of the whole of the area of a parish council5A

1

This regulation applies where—

a

a local planning authority receive an area application from a parish council;

b

the area specified in the application consists of the whole of the parish council’s area; and

c

if any part of the specified area is part of a neighbourhood area, none of that neighbourhood area extends outside the parish council’s area.

2

The local planning authority must exercise their powers under section 61G of the 1990 Act to designate the specified area as a neighbourhood area.

3

Where this regulation applies, regulations 6 and 6A do not apply.

Publicising an area application6

As soon as possible after receiving an area application from a relevant body, a local planning authority must publicise the following on their website and in such other manner as they consider is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the area application relates—

a

a copy of the area application;

b

details of how to make representations; and

F2c

the date by which those representations must be received, being F11... not less than six weeks from the date on which the area application is first publicised.

F1Prescribed date for determination of an area application6A

1

Where a local planning authority receive an area application from a relevant body the authority must determine the application by the date prescribed in paragraph (2).

2

The date prescribed in this paragraph is—

a

in a case where the area to which the application relates falls within the areas of two or more local planning authorities, the date 20 weeks from the date immediately following that on which the application is first publicised;

F13b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

in all other cases, the date 13 weeks from the date immediately following that on which the application is first publicised.

F123

Where the application has not been determined by the date prescribed in paragraph (2), the local planning authority must exercise their powers under section 61G of the 1990 Act so as to secure that the whole of the area specified in the application is designated as a neighbourhood area unless on that date—

a

some or all of the specified area has been designated as a neighbourhood area; or

b

some or all of the specified area is specified in another area application and that other area application has not been determined.

Publicising a designation of a neighbourhood area etc7

1

As soon as possible after designating a neighbourhood area, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the designation to the attention of people who live, work or carry on business in the neighbourhood area—

a

the name of the neighbourhood area;

b

a map which identifies the area; and

c

the name of the relevant body who applied for the designation.

2

As soon as possible after deciding to refuse to designate a neighbourhood area, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the refusal to the attention of people who live, work or carry on business in the neighbourhood area —

a

a document setting out the decision and a statement of their reasons for making that decision (“the decision document”); and

b

details of where and when the decision document may be inspected.

PART 3Neighbourhood forums

Application for designation of a neighbourhood forum8

Where an organisation or body submits a neighbourhood forum application to the local planning authority it must include—

a

the name of the proposed neighbourhood forum;

b

a copy of the written constitution of the proposed neighbourhood forum;

c

the name of the neighbourhood area to which the application relates and a map which identifies the area;

d

the contact details of at least one member of the proposed neighbourhood forum to be made public under regulations 9 and 10; and

e

a statement which explains how the proposed neighbourhood forum meets the conditions contained in section 61F(5) of the 1990 Act.

Publicising a neighbourhood forum application9

As soon as possible after receiving a neighbourhood forum application, which the local planning authority do not decline to consider under regulation 11, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the application to the attention of people who live, work or carry on business in the area to which the application relates—

a

a copy of the application;

b

a statement that if a designation is made no other organisation or body may be designated for that neighbourhood area until that designation expires or is withdrawn;

c

details of how to make representations; and

d

the date by which those representations must be received, being not less than 6 weeks from the date on which the application is first publicised.

F7Prescribed date for determination of a neighbourhood forum application9A

1

Where a local planning authority receive a neighbourhood forum application, which they do not decline to consider under regulation 11, the authority must determine the application by the date prescribed in paragraph (2).

2

The date prescribed in this paragraph is—

a

in a case where the neighbourhood area to which the application relates falls within the areas of two or more local planning authorities, the date which is the last day of the period of 20 weeks beginning with the day immediately following that on which the application is first publicised in accordance with regulation 9;

b

in all other cases, the date which is the last day of the period of 13 weeks beginning with the day immediately following that on which the application is first publicised in accordance with regulation 9.

3

The date prescribed in paragraph (2) does not apply where, on that date, the authority are considering another neighbourhood forum application and that other application relates to an area which consists of or includes some or all of the neighbourhood area to which the application mentioned in paragraph (1) relates.

Publicising a designation of a neighbourhood forum10

1

As soon as possible after designating a neighbourhood forum, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the designation to the attention of people who live, work or carry on business in the neighbourhood area—

a

the name of the neighbourhood forum;

b

a copy of the written constitution of the neighbourhood forum;

c

the name of the neighbourhood area to which the designation relates; and

d

contact details for at least one member of the neighbourhood forum.

2

As soon as possible after deciding to refuse to designate a neighbourhood forum, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the decision to the attention of people who live, work or carry on business in the neighbourhood area—

a

a statement setting out the decision and their reasons for making that decision (“the refusal statement”); and

b

details of where and when the refusal statement may be inspected.

Subsequent applications11

Where a neighbourhood forum has been designated in relation to a neighbourhood area under section 61F of the 1990 Act, and that designation has not expired or been withdrawn, a local planning authority may decline to consider any neighbourhood forum application made in relation to that neighbourhood area.

Voluntary withdrawal of designation12

1

Where a neighbourhood forum gives notice to a local planning authority that it no longer wishes to be designated as the neighbourhood forum for a neighbourhood area, the local planning authority must withdraw the designation of the neighbourhood forum.

2

As soon as possible after withdrawing the designation of a neighbourhood forum under paragraph (1) or under section 61F(9) of the 1990 Act, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the withdrawal of the designation to the attention of people who live, work or carry on business in the neighbourhood area—

a

a statement setting out details of the withdrawal (“the withdrawal statement”); and

b

details of where and when the withdrawal statement may be inspected.

PART 4Community right to build organisations

Prescribed conditions for community right to build organisations13

1

For the purposes of paragraph 3(1)(b) of Schedule 4C to the 1990 Act, the following additional conditions are prescribed for any community organisation which is not a parish council—

a

individuals who live or work in the particular area for which the community organisation is established (“the particular area”) must be entitled to become voting members of the community organisation (whether or not others can also become voting members); and

b

the constitution of the community organisation must—

i

provide that taken together the individuals who live in the particular area—

aa

hold the majority of the voting rights; and

bb

have the majority on the board of directors or governing body,

of the community organisation;

ii

include a statement—

aa

that the community organisation will carry on its activities for the benefit of the community in the particular area or a section of it; and

bb

indicating how it is proposed the community organisation's activities will benefit the community in the particular area (or a section of it);

iii

provide that any assets of the community organisation may not be disposed of, improved or developed except in a manner which the community organisation consider benefits the community in the particular area or a section of it; and

iv

provide that any profits from its activities may only be used to benefit the community in the particular area or a section of it (the payment of profits directly to members or directors is not to be considered a benefit to the community in the particular area or a section of it);

v

provide that in the event of the winding up of the community organisation or in any other circumstances where the community organisation ceases to exist, its assets must be transferred to another body corporate which has similar objectives; and

vi

provide that the organisation has at least 10 members, living in different dwellings to each other, who live in the particular area.

2

For the purposes of this regulation, “dwelling” has the meaning given in section 3 of the Local Government Finance Act 1992 M8.

PART 5Neighbourhood development plans

Pre-submission consultation and publicity14

Before submitting a plan proposal F23or a modification proposal to the local planning authority, a qualifying body must—

a

publicise, in a manner that is likely to bring it to the attention of people who live, work or carry on business in the neighbourhood area—

i

details of the proposals for a neighbourhood development plan F24or modification proposal;

ii

details of where and when the proposals for a neighbourhood development plan F24or modification proposal may be inspected;

iii

details of how to make representations; F25...

iv

the date by which those representations must be received, being not less than 6 weeks from the date on which the draft proposal is first publicised; F26and

F26v

in relation to a modification proposal, a statement setting out whether or not the qualifying body consider that the modifications contained in the modification proposal are so significant or substantial as to change the nature of the neighbourhood development plan which the modification proposal would modify, giving reasons for why the qualifying body is of this opinion;

b

consult any consultation body referred to in paragraph 1 of Schedule 1 whose interests the qualifying body considers may be affected by the proposals for a neighbourhood development plan F24or modification proposal; and

c

send a copy of the proposals for a neighbourhood development plan F24or modification proposal to the local planning authority.

Plan proposals F27and modification proposals15

1

Where a qualifying body submits a plan proposal F28or a modification proposal to the local planning authority, it must include—

a

a map or statement which identifies the area to which the proposed neighbourhood development plan F31or neighbourhood development plan as proposed to be modified relates;

b

a consultation statement;

c

the proposed neighbourhood development plan; F3...

d

a statement explaining how the proposed neighbourhood development plan F29or neighbourhood development plan as proposed to be modified meets the requirements of paragraph 8 of Schedule 4B to the 1990 Act F33or in the case of a modification proposal, how the neighbourhood development plan as proposed to be modified meets the requirements of paragraph 11 of Schedule A2 to the 2004 ActF32...

F4e

i

an environmental report prepared in accordance with paragraphs (2) and (3) of regulation 12 of the Environmental Assessment of Plans and Programmes Regulations 2004; or

ii

where it has been determined under regulation 9(1) of those Regulations that the plan proposal F28or the modification proposal is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a statement of reasons for the determinationF30;and

F30f

in relation to a modification proposal, a statement setting out the whether or not the qualifying body consider that the modifications contained in the modification proposal are so significant or substantial as to change the nature of the neighbourhood development plan which the modification proposal would modify, giving reasons for why the qualifying body is of this opinion.

2

In this regulation “consultation statement” means a document which—

a

contains details of the persons and bodies who were consulted about the proposed neighbourhood development plan F34or neighbourhood development plan as proposed to be modified.;

b

explains how they were consulted;

c

summarises the main issues and concerns raised by the persons consulted; and

d

describes how these issues and concerns have been considered and, where relevant, addressed in the proposed neighbourhood development plan F35or neighbourhood development plan as proposed to be modified.

Publicising a plan proposal F36or a modification proposal16

As soon as possible after receiving a plan proposal F37or a modification proposal which includes each of the documents referred to in regulation 15(1), a local planning authority must—

a

publicise the following on their website and in such other manner as they consider is likely to bring the proposal to the attention of people who live, work or carry on business in the neighbourhood area—

i

details of the plan proposal F37or the modification proposal;

ii

details of where and when the plan proposal F37or the modification proposal may be inspected;

iii

details of how to make representations;

iv

F38in the case of a plan proposal, a statement that any representations may include a request to be notified of the local planning authority's decision under regulation 19 in relation to the neighbourhood development plan; and

v

the date by which those representations must be received, being not less than 6 weeks from the date on which the plan proposal F37or the modification proposal is first publicised; and

b

notify any consultation body which is referred to in the consultation statement submitted in accordance with regulation 15, that the plan proposal F37or the modification proposal has been received.

Submission of plan proposal F39or modification proposal to examination17

As soon as possible after the appointment of a person to carry out an examination under paragraph 7 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) F40or paragraph 9 of Schedule A2 to the 2004 Act, a local planning authority must send the following to the person appointed—

a

the plan proposal F41or the modification proposal;

b

the documents referred to in regulation 15(1) and any other document submitted to the local planning authority by the qualifying body in relation to the plan proposal F41or the modification proposal;

c

if the order proposal is one to which F17the Conservation of Habitats and Species Regulations 2017 applies, the information submitted in accordance with F18regulation 106 of those Regulations; F43...

d

a copy of any representations which have been made in accordance with regulation 16; F42and

F42e

in relation to a modification proposal—

i

a copy of the neighbourhood development plan as proposed to be modified;

ii

a statement setting out the whether or not the authority consider that the modifications contained in the modification proposal are so significant or substantial as to change the nature of the neighbourhood development plan which the modification proposal would modify, giving reasons for why the authority is of this opinion.

F8Decision on examiner’s recommendations17A

1

This regulation applies where an examiner has made a report under paragraph 10 of Schedule 4B to the 1990 Act (applied by section 38A(3) of the 2004 Act) in relation to a plan proposal.

2

The persons prescribed for the purposes of paragraph 13(1) of that Schedule are—

a

the qualifying body;

b

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

c

any consultation body which is referred to in the consultation statement mentioned in regulation 15.

3

Representations invited under paragraph 13(1) must be submitted on or before the date which is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first invited representations.

4

On or F44before the date prescribed in paragraph (5) the local planning authority must decide what action to take in response to each recommendation made by the report mentioned in paragraph (1).

5

The date prescribed in this paragraph is—

a

where the local planning authority and the qualifying body agree a date, that date;

b

where sub-paragraph (a) does not apply but paragraph 13 of Schedule 4B to the 1990 Act (applied by section 38A(3) of the 2004 Act) applies—

i

where the authority refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which they receive the report of the examiner on that issue;

ii

where the authority do not refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following the date prescribed in paragraph (3);

c

in all other cases, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which the local planning authority receive the report mentioned in paragraph (1).

Publication of the examiner's report and plan proposal F45or modification proposal decisions18

1

Paragraph (2) applies where a local planning authority decide—

a

to decline to consider a plan proposal under paragraph 5 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) F46or a modification proposal under paragraph 5 of Schedule A2 to the 2004 Act;

b

to refuse a plan proposal under paragraph 6 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) F47or a modification proposal under paragraph 8 of Schedule A2 to the 2004 Act ;

c

what action to take in response to the recommendations of an examiner made in a report under paragraph 10 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) in relation to a neighbourhood development plan F48or under paragraph 13 of Schedule A2 to the 2004 Act in relation to a proposed modification of a neighbourhood development plan;

d

what modifications, if any, they are to make to the draft plan under paragraph 12(6) of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) F49or paragraph 14(6) of Schedule A2 to the 2004 Act;

e

whether to extend the area to which the referendum is (or referendums are) to take place; or

f

that they are not satisfied with the plan proposal under paragraph 12(10) of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) F50or the draft plan under paragraph 14(4) of Schedule A2 to the 2004 Act.

2

As soon as possible after making a decision referred to in paragraph (1), a local planning authority must publish—

a

the decision and their reasons for it (“the decision statement”),

b

details of where and when the decision statement may be inspected; and

c

in the case of a decision mentioned in paragraph (1)(c), the report made by the examiner under paragraph 10 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act) F51or paragraph 13 of Schedule A2 to the 2004 Act ,

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

F9Prescribed date for making a neighbourhood development plan18A

1

The date prescribed for the purposes of section 38A(4)(b) of the 2004 Act is the date which is the last day of the period of 8 weeks beginning with the day immediately following that on which the last applicable referendum is held.

2

Paragraph (1) does not apply where proceedings for questioning anything relating to an applicable referendum are brought in accordance with section 61N(3) of the 1990 Act (applied by section 38C(2)(d) of the 2004 Act) before the neighbourhood development plan is made.

F523

The date prescribed for the purposes of paragraph 14(7) of Schedule A2 to the 2004 Act is—

b

the last day of the period of 5 weeks beginning with the day immediately following that on which the examiner’s report was received by the local authority in accordance with paragraph 13 of Schedule A2 to the 2004 Act; or

c

such later date as may be agreed in writing by the local planning authority and the qualifying body.

Decision on a plan proposal19

As soon as possible after deciding to make a neighbourhood development plan under section 38A(4) of the 2004 Act or refusing to make a plan under section 38A(6) of the 2004 Act, a local planning authority must—

a

publish on their website and in such other manner as they consider is likely to bring the decision to the attention of people who live, work or carry on business in the neighbourhood area—

i

a statement setting out the decision and their reasons for making that decision (“the decision statement”);

ii

details of where and when the decision statement may be inspected; and

b

send a copy of the decision statement to—

i

the qualifying body; and

ii

any person who asked to be notified of the decision.

Publicising a neighbourhood development plan20

As soon as possible after making a neighbourhood development plan under section 38A(4) F53or section 38A(11) of the 2004 Act, a local planning authority must—

a

publish on their website and in such other manner as they consider is likely to bring the decision to the attention of people who live, work or carry on business in the neighbourhood area—

i

the neighbourhood development plan; and

ii

details of where and when the neighbourhood development plan may be inspected; and

b

notify any person who asked to be notified of the making of the neighbourhood development plan that it has been made and where and when it may be inspected.

PART 6Neighbourhood development orders and community right to build orders

Pre-submission consultation and publicity21

Before submitting an order proposal to the local planning authority, a qualifying body must—

a

publicise, in a manner that is likely to bring it to the attention of people who live, work or carry on business in the neighbourhood area—

i

details of the proposals for a neighbourhood development order or community right to build order;

ii

details of where and when the proposals may be inspected;

iii

details of how to make representations; and

iv

the date by which those representations must be received, being not less than 6 weeks from the date on which details of the proposals are first publicised;

b

consult—

i

any consultation body referred to in paragraph 2(1)(a) to (c) of Schedule 1 whose interests the qualifying body considers may be affected by the proposals for a neighbourhood development order or a community right to build order; and

ii

where the qualifying body considers the development to be authorised under the proposed neighbourhood development order or community right to build order which falls within any category set out in the Table in paragraph 2 of Schedule 1, any consultation body mentioned in the Table in relation to each of those categories; and

iii

any person who, on the date 21 days before the order proposal is submitted under regulation 22, the qualifying body considers to be—

aa

an owner of any of the land which is proposed to be developed under the order proposal; and

bb

a tenant of any of that land; and

c

send a copy of the proposals for a neighbourhood development order or a community right to build order to the local planning authority.

Order proposals22

1

Where a qualifying body submits an order proposal to the local planning authority it must include—

a

a map which identifies the land to which the order proposal relates;

b

a consultation statement;

c

the proposed neighbourhood development order or community right to build order;

d

where the qualifying body considers it appropriate, following consultation with the Historic Buildings and Monument Commission for England (known as English Heritage), an archaeology statement;

e

a statement explaining how the proposed neighbourhood development order or a community right to build order meets the basic conditions in paragraph 8(2) of Schedule 4B to the 1990 Act; and

f

in the case of a proposal for a community right to build order, details of the enfranchisement rights M9, if any, which the qualifying body proposes are not exercisable and the properties, or types of properties, in relation to which to the enfranchisement rights are not exercisable.

2

In this regulation—

  • “archaeology statement” means a document which—

    1. a

      confirms that the information in relation to archaeology contained in the historic environment record for the neighbourhood area has been reviewed;

    2. b

      sets out the findings from that review for the area to which the order proposal relates; and

    3. c

      explains how the findings have been taken into account in preparing the order proposal,

    but where no findings relevant to the neighbourhood area were identified in the review the archaeology statement need only—

    1. i

      confirm that the review mentioned in sub-paragraph (a) took place; and

    2. ii

      explain there were no findings relevant to the neighbourhood area; and

  • “consultation statement” means a document which—

    1. a

      contains details of the persons and bodies who were consulted about the proposed neighbourhood development order or community right to build order;

    2. b

      explains how they were consulted;

    3. c

      summarises the main issues and concerns raised by the persons consulted; and

    4. d

      describes how these issues and concerns have been considered and, where relevant, addressed in the proposed neighbourhood development order or community right to build order.

Annotations:
Marginal Citations
M9

“Enfranchisement rights” are defined in paragraph 11 of Schedule 4C to the 1990 Act.

Publicising an order proposal23

1

As soon as possible after receiving an order proposal which includes each of the documents referred to in regulation 22(1), a local planning authority must—

a

publicise the following on their website and in such other manner they consider is likely to bring the proposal to the attention of people who live, work or carry on business in the neighbourhood area—

i

details of the order proposal;

ii

details of where and when the order proposal may be inspected;

iii

details of how to make representations;

iv

a statement that any representations may include a request to be notified of the local planning authority's decision under regulation 26 in relation to the neighbourhood development order or community right to build order; and

v

the date by which those representations must be received, being not less than 6 weeks from the date on which the proposal is first publicised; and

b

notify any consultation body which is referred to in the consultation statement submitted in accordance with regulation 22, that the order proposal has been received.

F152

As soon as possible after receiving an order proposal to which regulation 33 of the EIA Regulations applies, the local planning authority must, in addition to any publicity required under paragraph (1), publicise the information described in paragraph (1)(a) and the environmental statement submitted in accordance with the EIA Regulations by giving notice—

a

by site display in at least one place on or near the land to which the order proposal relates for not less than 30 days;

b

by publication of the notice in a newspaper circulating in the locality in which the land to which the order proposal relates is situated; and

c

by publication on a website maintained by or on behalf of the authority.

Submission of order proposal to examination24

As soon as possible after the appointment of a person to carry out an examination under paragraph 7 of Schedule 4B to the 1990 Act, a local planning authority must send the following to the person appointed—

a

the order proposal;

b

the documents referred to in regulation 22(1);

c

if the order proposal is one to which F16regulation 33 of the EIA Regulations applies, the environmental statement submitted in accordance with those Regulations;

d

if the order proposal is one to which F19the Conservation of Habitats and Species Regulations 2017 applies, the information submitted in accordance with F20regulation 63(2) of those Regulations;

e

any other document submitted to the local planning authority by the qualifying body in relation to the order proposal; and

f

a copy of any representations which have been made in accordance with regulation 23.

F10Decision on examiner’s recommendations24A

1

This regulation applies where an examiner has made a report under paragraph 10 of Schedule 4B to the 1990 Act in relation to an order proposal.

2

The persons prescribed for the purposes of paragraph 13(1) of that Schedule are—

a

the qualifying body;

b

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

c

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

3

Representations invited under paragraph 13(1) must be submitted on or before the date which is the last day of the period of 6 weeks beginning with the day immediately following that on which the local planning authority first invited representations.

4

The local planning authority must decide what action to take in response to each recommendation made by the report mentioned in paragraph (1) by the date prescribed in paragraph (5).

5

The date prescribed in this paragraph is—

a

where the local planning authority and the qualifying body agree a date, that date;

b

where sub-paragraph (a) does not apply but paragraph 13 of Schedule 4B to the 1990 Act applies—

i

where the authority refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which they receive the report of the examiner on that issue;

ii

where the authority do not refer the issue to independent examination, the date which is the last day of the period of 5 weeks beginning with the day immediately following the date prescribed in paragraph (3);

c

in all other cases, the date which is the last day of the period of 5 weeks beginning with the day immediately following that on which the local planning authority receive the report mentioned in paragraph (1).

Publication of the examiner's report and order proposal decisions25

1

Paragraph (2) applies where a local planning authority decide—

a

to decline to consider an order proposal under paragraph 5 of Schedule 4B to the 1990 Act;

b

to refuse an order proposal under paragraph 6 of Schedule 4B to the 1990 Act;

c

what action to take in response to the recommendations of an examiner made in a report under paragraph 10 of Schedule 4B to the 1990 Act in relation to a neighbourhood development order or community right to build order (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act);

d

what modifications, if any, they are to make to the draft neighbourhood development order or community right to build order under paragraph 12(6) of Schedule 4B to the 1990 Act (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act);

e

whether to extend the area to which the referendum is (or referendums are) to take place; or

f

that they are not satisfied with the proposed neighbourhood development order or community right to build order under paragraph 12(10) of Schedule 4B to the 1990 Act (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act).

2

As soon as possible after making a decision referred to in paragraph (1), a local planning authority must publish—

a

the decision and their reasons for it (“the decision statement”),

b

details of where and when the decision statement may be inspected, and

c

in the case of a decision mentioned in sub-paragraph (c), the report made by the examiner under paragraph 10 of Schedule 4B to the 1990 Act,

on their website and in such other m anner as they consider is likely to bring the decision statement and, as the case may be, the report to the attention of people who live, work or carry on business in the neighbourhood area.

F54Prescribed date for making a neighbourhood development order25A

1

The date prescribed for the purposes of section 61E(4)(b) of the 1990 Act is the date which is the last day of the period of 8 weeks beginning with the day immediately following that on which the last applicable referendum is held.

2

Paragraph (1) does not apply where proceedings for questioning anything relating to an applicable referendum are brought in accordance with section 61N(3) of the 1990 Act before the neighbourhood development order is made.

Decision on an order proposal26

As soon as possible after deciding to make the neighbourhood development order or community right to build order under section 61E(4) of the 1990 Act or to refuse to make it under section 61E(8) of the 1990 Act (as modified in the case of community right to build orders by paragraphs 7 to 10 of Schedule 4C to the 1990 Act), a local planning authority must—

a

publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area—

i

a document setting out their decision and their reasons for making that decision (“the decision document”);

ii

details of where and when the decision document may be inspected;

b

send a copy of the decision document to—

i

the qualifying body or the community organisation, as the case may be; and

ii

any person who asked to be notified of the decision.

Publicising a neighbourhood development order or a community right to build order27

As soon as possible after making a neighbourhood development order or community right to build order under section 61E(4) of the 1990 Act, a local planning authority must —

a

publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area —

i

the neighbourhood development order or community right to build order; and

ii

details of where and when the order may be inspected;

b

notify any person who asked to be notified of the making of the neighbourhood development order or community right to build order that it has been made and where and when it may be inspected.

PART 7Community right to build orders

Enfranchisement rights28

1

Subject to paragraph (2), for the purposes of paragraph 11 of Schedule 4C to the 1990 Act, a community organisation may only provide that an enfranchisement right is not exercisable in relation to a property which is not an existing residential property.

2

An enfranchisement right is not exercisable in relation to land the development of which is authorised by a community right to build order if the community organisation specified in the order proposal—

a

the enfranchisement rights which are not exercisable; and

b

the properties, or types of properties, in relation to which those rights are not exercisable.

3

In this regulation—

“existing residential property” means a property (including part of a building)—

  1. a

    which exists on the date the order proposal was submitted by the community organisation to the local planning authority under regulation 22; and

  2. b

    in relation to which, on that date, any tenant of the property has an enfranchisement right in respect of the property.

Notice29

1

Where as a result of the making of a community right to build order an enfranchisement right is not exercisable in respect of a property, a landlord who grants a tenancy in relation to the property must give notice to the tenant affected by endorsing a notice on the face of the tenancy stating that the enfranchisement right in question is not exercisable.

2

Provided the community organisation complies with regulation 28 a failure to give notice in accordance with paragraph (1) does not cause the enfranchisement right to be exercisable.

PART 8Revocation and modification of a neighbourhood development order, a community right to build order or a neighbourhood development plan

Publicising a modification30

As soon as possible after modifying a neighbourhood development plan, a neighbourhood development order or community right to build order under section 61M(4) of the 1990 Act (as applied in the case of neighbourhood development plans by section 38C of the 2004 Act), a local planning authority must—

a

publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area—

i

a document setting out details of the modification (“the modification document”); and

ii

details of where and when the modification document may be inspected; and

b

give notice of the modification to the following—

i

the qualifying body or community organisation, as the case may be; and

ii

any person the authority previously notified of the making of the order or plan.

Revocation31

As soon as possible after revoking a neighbourhood development plan, neighbourhood development order or community right to build order in accordance with section 61M of the 1990 Act (as applied in the case of neighbourhood development plans by section 38C of the 2004 Act), a local planning authority must—

a

publish on their website and in such other manner as they consider is likely to bring the order to the attention of people who live, work or carry on business in the neighbourhood area—

i

a document setting out a statement of the revocation and the reasons for it (“the revocation document”); and

ii

details of where and when the revocation document may be inspected;

b

give notice of the revocation to—

i

the qualifying body or community organisation, as the case may be;

ii

in the case of the revocation of a neighbourhood development order or community right to build order, any person who the authority knows to be the owner or tenant of any part of the land to which the order applies and whose name and address is known to the local planning authority;

iii

any person the local planning authority notified of the making of the neighbourhood development order, community right to build order or neighbourhood development plan; and

iv

any other person the local planning authority consider necessary in order to bring the revocation to the attention of people who live, work or carry on business in the area to which the revoked neighbourhood development order, community right to build order or neighbourhood development plan related; and

c

cease to make the revoked neighbourhood development order, community right to build order or neighbourhood development plan available on their website and at any other place where it was available for inspection.

F6PART 8AIntervention by the Secretary of State

Annotations:
Amendments (Textual)

Requests to intervene and dealing with requests31A

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 State31B

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 examiner31C

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 directions31D

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.

PART 9European legislation

Habitats32

The provisions of Schedule 2 have effect.

Environmental impact assessment33

The provisions of Schedule 3 have effect.

Signed by authority of the Secretary of State for Communities and Local Government

Greg Clark Minister of State Department for Communities and Local Government