The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016

Amendment of the 2015 Order

3.—(1) The 2015 Order is amended at follows.

(2) After article 25 insert—

“Representations by neighbourhood forum before determination of application

25A.   Where a neighbourhood forum(1) for a neighbourhood area(2) are given information in relation to an application under paragraph 8A(1) of Schedule 1 to the 1990 Act (local planning authorities: distribution of functions)(3)—

(a) the forum must, as soon as practicable, notify the local planning authority who are determining the application whether the forum proposes to make representations about the manner in which the application should be determined, and must make any representations to that authority within 21 days of the notification to the forum of the application; and

(b) article 25(2) to (4) applies, in relation to any such application, as if any reference to a council of a parish or to the parish (however expressed) were a reference to the neighbourhood forum or neighbourhood area, as appropriate.”.

(3) In article 38, after paragraph (3)(b), insert—

“(ba) a neighbourhood forum for a neighbourhood area any part of which is in or adjoins the area of the local planning authority;”.

(4) In Schedule 4, in paragraph (d) of the table—

(a) in the Description of development column, at the end insert “or a neighbourhood area for which a neighbourhood forum has been designated”; and

(b) in the Consultee column, at the end insert “or the neighbourhood forum (as the case may be)”.

(1)

A neighbourhood forum is an organisation or body designated by a local planning authority under section 61F of the 1990 Act.

(2)

A neighbourhood area is an area designated by a local planning authority under section 61G of the 1990 Act.

(3)

Paragraph 8A of Schedule 1 to the 1990 Act was inserted by section 142 of the Housing and Planning Act 2016 (c.22).