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The Neighbourhood Planning (General) Regulations 2012

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PART 5E+WNeighbourhood development plans

Pre-submission consultation and publicityE+W

14.  Before submitting a plan proposal [F1or 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 [F2or modification proposal];

(ii)details of where and when the proposals for a neighbourhood development plan [F2or modification proposal] may be inspected;

(iii)details of how to make representations; F3...

(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; [F4and]

[F4(v)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 [F2or modification proposal]; and

(c)send a copy of the proposals for a neighbourhood development plan [F2or modification proposal] to the local planning authority.

Plan proposals [F5and modification proposals] E+W

15.—(1) Where a qualifying body submits a plan proposal [F6or 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 [F7or neighbourhood development plan as proposed to be modified] relates;

(b)a consultation statement;

(c)the proposed neighbourhood development plan; F8...

(d)a statement explaining how the proposed neighbourhood development plan [F9or neighbourhood development plan as proposed to be modified] meets the requirements of paragraph 8 of Schedule 4B to the 1990 Act [F10or 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 Act] F11...

[F12(e)(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 [F6or the modification proposal] is unlikely to have significant environmental effects (and, accordingly, does not require an environmental assessment), a statement of reasons for the determination][F13;and]

[F13(f)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 [F14or 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 [F15or neighbourhood development plan as proposed to be modified.]

Publicising a plan proposal [F16or a modification proposal] E+W

16.  As soon as possible after receiving a plan proposal [F17or 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 [F17or the modification proposal];

(ii)details of where and when the plan proposal [F17or the modification proposal] may be inspected;

(iii)details of how to make representations;

(iv)[F18in 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 [F17or 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 [F17or the modification proposal] has been received.

Submission of plan proposal [F19or modification proposal] to examinationE+W

17.  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) [F20or 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 [F21or 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 [F21or the modification proposal];

(c)if the order proposal is one to which [F22the Conservation of Habitats and Species Regulations 2017] applies, the information submitted in accordance with [F23regulation 106] of those Regulations; F24...

(d)a copy of any representations which have been made in accordance with regulation 16; [F25and]

[F25(e)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.]

[F26Decision on examiner’s recommendationsE+W

17A.(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 [F27before] 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 [F28or modification proposal] decisionsE+W

18.—(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) [F29or 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) [F30or 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 [F31or 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) [F32or 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) [F33or 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) [F34or 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.

[F35Prescribed date for making a neighbourhood development planE+W

18A.(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.

[F36(3) 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 proposalE+W

19.  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 planE+W

20.  As soon as possible after making a neighbourhood development plan under section 38A(4) [F37or 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.

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