EXPLANATORY NOTE
(This note is not part of the Regulations)

The Localism Act 2011 (c.20) provided a statutory regime for neighbourhood planning. The Neighbourhood Planning (General) Regulations 2012 (“the 2012 Regulations”) make provision in relation to that regime. These Regulations amend the 2012 Regulations.

Regulation 2(3) inserts a new regulation 6A into the 2012 Regulations to prescribe the date by which a local planning authority must determine applications for designation of a neighbourhood area. Different provision is made for cases where the application area falls within the areas of two or more local planning authorities, is the whole of the area of a parish council but does not fall within the areas of two or more local planning authorities (in which case, regulation 2(2) reduces the minimum period that the local planning authority must allow for representations from six weeks to four weeks), and in all other cases.

Regulation 2(4) adds to the list of documents that a qualifying body must submit to a local planning authority with a proposal for a neighbourhood plan. The additional document which must be submitted is either an environmental report prepared in accordance with the Environmental Assessment of Plans and Programmes Regulations 2004, or a statement of reasons why an environmental assessment is not required.

An impact assessment has been prepared in relation to these Regulations. The assessment has been placed in the Library of each House of Parliament and can be found on the Department for Communities and Local Government website (http://www.communities.gov.uk).