The Neighbourhood Planning (General) Regulations 2012

PART 2 E+W Neighbourhood Areas

Application for designation of a neighbourhood area E+W

5.—(1) Where a relevant body M1 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.

Marginal Citations

M1 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).

[F1 Designation of the whole of the area of a parish council E+W

5A.— (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.]

Textual Amendments

F1 Reg. 5A inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(2) (with reg. 4(1))

Publicising an area application E+W

6.  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

[F2 (c) the date by which those representations must be received, being F3 ... not less than six weeks from the date on which the area application is first publicised.]

Textual Amendments

F2 Reg. 6(c) substituted (9.2.2015) by The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(2) (with reg. 1(2))

F3 Words in reg. 6(c) omitted (1.10.2016) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(3) (with reg. 4(1))

[F4 Prescribed date for determination of an area application E+W

6A.— (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;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F6 (3) 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.]]

Textual Amendments

F4 Reg. 6A inserted (9.2.2015) by The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(3) (with reg. 1(2))

F5 Reg. 6A(2)(b) omitted (1.10.2016) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(4)(a) (with reg. 4(1))

F6 Reg. 6A(3) inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(4)(b) (with reg. 4(1))

Publicising a designation of a neighbourhood area etc E+W

7.—(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.