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Localism Act 2011

Type Public General Act

Publication 2011-11-15

Last updated 2026-05-02

State In force

Department Statute Law Database

Source legislation.gov.uk

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(za) in the case of a major precepting authority in England other than the Greater London Authority, the amount under section 42A(4) above, or any amount calculated under section 42B(1) or 45(2) or (3) above as the basic amount of council tax applicable to any dwelling, would exceed that so calculated in the previous calculations; or

(b) in paragraph (a) for “other than the Greater London Authority” substitute “ in Wales ”,

(d) in paragraph (b) for “subsection (3) or (3A) below” substitute “ whichever of subsections (2A), (3) and (3A) below is applicable to it ”.

(5) After that subsection insert—

(2A) In making substitute calculations under section 42B(1) or 45(3) above, an authority in England other than the Greater London Authority must use any amount determined in the previous calculations for item T in section 42B(1) above or item TP in section 45(3) above.

(6) In subsection (3) for “the authority” substitute “ an authority in Wales ”.

(7) In subsection (3A)—

(a) for “authority” substitute “ Greater London Authority ”, and

(b) omit “P1 or” and “item P2 or”.

(8) Omit subsections (4A) to (4C).

(9) Before subsection (5) insert—

(4D) Subsections (2) and (2A) above shall not apply if the previous calculations have been quashed because of a failure to comply with sections 42A, 42B and 45 to 48 above in making the calculations.

27

(1) Section 50 (calculation of budget requirement by major precepting authorities) is amended as follows.

(2) In the heading at the end insert “ by authorities in Wales ”.

(3) In subsection (1) after “local precepting authority” insert “ in Wales ”.

28

In section 65(4)(a) (duty to consult ratepayers: timing) after “under” insert “ section 31A above or ”.

29

In section 66(2)(c) (matters that may not be questioned except by an application for judicial review)—

(a) for “32” substitute “ 31A ”, and

(b) for “43” substitute “ 42A ”.

30

(1) Section 67 (functions to be discharged only by authority) is amended as follows.

(2) In subsection (2)(b)—

(a) for “32” substitute “ 31A ”, and

(b) for “43” substitute “ 42A ”.

(3) In subsection (2A)—

(a) before paragraph (a) insert—

(za) the determination of an amount for item T in section 31B(1) above;

, and

(b) after paragraph (b) insert—

(ba) the determination of an amount for item T in section 42B(1) above;

(4) In subsection (3) for “(2)(c)” substitute “ (2)(ba) or (c) ”.

31

In section 69 (interpretation of Part 1) omit subsection (2A).

Environment Act 1995 (c. 25)

32

In section 71(6) of the Environment Act 1995 (National Park authorities to be levying bodies) for the words from “32 or 43” to the end substitute “ 31A or 42A (calculation of council tax requirement by authorities in England) or section 32 or 42 (calculation of budget requirement by authorities in Wales) of the Local Government Finance Act 1992. ”

Police Act 1996 (c. 16)

33

In section 41(1) of the Police Act 1996 (directions as to minimum budget) for the words from “budget requirement” to “Act 1992)” substitute “ council tax requirement (under section 42A of the Local Government Finance Act 1992) or budget requirement (under section 43 of that Act) for any financial year ”.

Greater London Authority Act 1999 (c. 29)

34

The Greater London Authority Act 1999 is amended as follows.

35

In section 87 (procedure for determining the budget requirement) for “budget” in each place (including the heading) substitute “ council tax ”.

36

(1) Section 95 (minimum budget for Metropolitan Police Authority) is amended as follows.

(2) In each of the following provisions for “budget” substitute “ council tax ”

(a) subsection (1),

(b) subsection (2),

(d) subsection (7)(b) (in both places).

(3) In subsection (8) omit “P1 or” and “item P2 or”.

(4) Omit subsections (9) to (11).

37

In section 97 (emergencies and disasters) in both of the following provisions for “budget” substitute “ council tax ”

(a) subsection (1)(b), and

(b) subsection (2)(b).

38

In section 99—

(a) at the appropriate place insert “BID levy” has the same meaning as in Part 4 of the Local Government Act 2003; ”,

(b) in each of the definitions of “component budget requirement” and “consolidated budget requirement” for “budget” substitute “ council tax ”, and

39

In section 102(2) (distribution of grants between authority and functional bodies)—

(a) omit paragraph (c), and

(b) at the end of paragraph (g) (but not as part of that paragraph) insert “ and which are credited to a revenue account for the year in accordance with proper practices. ”

40

In Schedule 6 (procedure for determining the Authority's consolidated budget requirement) in each of the following provisions for “budget” in each place substitute “ council tax ”

(a) the Schedule heading,

(b) paragraph 1(2)(a) and (3)(a) and (b),

(c) paragraph 5A(1), (2)(a), (3) to (5), (6)(b), (7) to (9) and (12) (but not in “the draft component budget for the body”),

(d) paragraph 7(2) to (4), and

(e) paragraph 8A(1), (2)(a), (3) to (5), (6)(b), (7), (8) and (10) (but not in “the final draft budget”).

41

In Schedule 7 (procedure for making of substitute calculations by the Authority) in each of following provisions for “ budget ” substitute “council tax”

(a) paragraph 4A(1), (2)(a), (3), (5) to (9) and (11)(c) (but not in “the first draft component budget for the body”), and

(b) paragraph 7A(1), (2)(a), (3), (5) to (9) and (11).

Local Government Act 2003 (c. 26)

42

The Local Government Act 2003 is amended as follows.

43

In section 25(1) (budget calculation: report on robustness of estimates etc) for “32” substitute “ 31A, 32, 42A ”.

44

In section 26(1) (minimum reserves)—

(a) in paragraph (a)—

(i) after “section” insert “ 31A or ”, and

(ii) after the second “of” insert “ council tax or ”, and

(b) in paragraph (b) after “section” insert “ 42A or ”.

45

In section 27(1) (budget calculation: report on inadequacy of controlled reserve) for “32” substitute “ 31A, 32, 42A ”.

46

(1) Section 28 (budget monitoring: general) is amended as follows.

(2) In subsection (1) for “32” substitute “ 31A, 32, 42A ”.

(3) In subsection (4)—

(a) for “32(4)” substitute “ 31A(4), 32(4), 42A(4) ”, and

(b) before “budget” insert “ council tax or ”.

London Local Authorities Act 2004 (2004 c. i)

47

In section 23 of the London Local Authorities Act 2004 (Greater London Magistrates' Courts Authority) for “33” substitute “ 31B ”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

48

The Local Government and Public Involvement in Health Act 2007 is amended as follows.

49

In section 24(1)(d) (authorities dissolved by orders: control of reserves) for “32(3) or 43(3)” substitute “ 31A(3) or 42A(3) ”.

50

In section 25(1)(a) (directions: further provisions about reserves) for “32(3) or 43(3)” substitute “ 31A(3) or 42A(3) ”.

51

(1) Section 28 (contraventions of direction) is amended as follows.

(2) In subsection (5) for “32(3)” substitute “ 31A(3) ”.

(3) In subsection (6) for “43(3)” substitute “ 42A(3) ”.

52

The Police Reform and Social Responsibility Act 2011 is amended as follows.

53

In section 18(7)(f) (function of calculating budget requirement may not be delegated by police and crime commissioner)—

(a) after “calculating a” insert “ council tax requirement or a ”, and

(b) after “section” insert “ 42A or ”.

54

In section 22(2) (minimum budget for police and crime commissioner: amendments to section 41(1) of the Police Act 1996) for paragraph (c) substitute—

(c) for “its” substitute “the commissioner's”.

SCHEDULE 8

Town and Country Planning Act 1990 (c. 8)

1

In Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions) in paragraph 7—

(a) omit sub-paragraphs (2)(a), (3) and (5)(a),

(b) in sub-paragraph (7)(a) for the words from “the responsible regional authorities” to “(the consulted body)” substitute “ the county planning authority ”,

(c) in sub-paragraphs (7)(b) and (8) for “the consulted body” in each place substitute “ the county planning authority ”, and

(d) omit sub-paragraphs (9), (10)(b) and (11).

Regional Development Agencies Act 1998 (c. 45)

2

In the Regional Development Agencies Act 1998 omit section 7 (regional strategy).

Greater London Authority Act 1999 (c. 29)

3

The Greater London Authority Act 1999 is amended as follows.

4

In section 337(6)(a) (conflict between regional spatial strategy and spatial development strategy) omit “or the regional spatial strategy for a region which adjoins Greater London”.

5

In section 342(1) (matters to which the Mayor is to have regard)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “other”.

6

In Schedule 10 (Transport for London) in paragraph 2—

(a) omit sub-paragraph (3A), and

(b) in sub-paragraph (8) omit the definition of “regional planning body” and “region”.

Planning and Compulsory Purchase Act 2004 (c. 5)

7

The Planning and Compulsory Purchase Act 2004 is amended as follows.

8

In section 15(3) (preparation of local development scheme) omit paragraph (c).

9

In section 19(2) (preparation of local development documents) omit paragraphs (b) and (d).

10

(1) Section 24 (conformity with regional strategy) is amended as follows.

(2) In the heading for “regional strategy” substitute “ spatial development strategy ”.

(3) In subsection (1) omit paragraph (a).

11

In section 28 (joint local development documents) omit subsection (4).

12

In section 37 (interpretation) omit subsections (6) and (6A).

13

(1) In section 38(3) (development plan for areas in England outside Greater London) in paragraph (a) after “situated” insert “ (if there is a regional strategy for that region) ”.

(2) Omit section 38(3)(a).

14

(1) Section 45 (simplified planning zones) is amended as follows.

(2) Before subsection (1) insert—

(A1) The principal Act is amended in relation to Wales as follows.

(3) In subsection (1) for “the principal Act” substitute “ that Act ”.

(4) In the text to be inserted by subsection (2), in subsection (1A)—

(a) omit paragraph (a), and

(b) in paragraph (b) omit “in Wales”.

(5) In the text to be inserted by subsection (3)—

(a) in subsection (2)(b) omit—

(i) “the Secretary of State or”, and

(ii) “(as the case may be)”,

(b) in subsection (2A) omit paragraph (b), and

(6) Omit subsection (4).

(7) In the text to be inserted by subsection (9)—

(a) in sub-paragraph (1A)—

(i) omit paragraph (a), and

(ii) in paragraph (b) omit “in Wales”,

(b) in sub-paragraph (1B) omit—

(i) “the Secretary of State or”, and

(ii) “(as the case may be)”, and

(i) “Secretary of State or the”, and

(ii) “(as the case may be)”.

15

In section 62(5) (preparation of local development plan) omit paragraph (c).

16

In section 78 (interpretation of Part 6) omit subsection (5).

17

(1) Section 113 (validity of strategies, plans and documents) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (a), and

(b) in the words following paragraph (g) for “(a)” substitute “ (b) ”.

(3) In subsection (9) omit paragraph (a).

(4) In subsection (11) omit paragraph (a).

(5) Omit subsection (12).

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

18

In section 70(5) (which provides for how a regional strategy is to be interpreted) for “the regional strategy” insert “ a regional strategy under this Part ”.

19

In section 82(2) (during the interim period, a regional strategy does not include the regional economic strategy) for the words after “For the purposes of that section,” substitute “ a regional strategy under this Part is to be regarded as consisting solely of the regional spatial strategy under section 1 of the Planning and Compulsory Purchase Act 2004 that subsisted for the region concerned immediately before 1 April 2010. ”

Marine and Coastal Access Act 2009 (c. 23)

20

In Schedule 6 to the Marine and Coastal Access Act 2009, in paragraph 1—

(a) in sub-paragraph (2) omit paragraph (e), and

(b) in sub-paragraph (3) omit the definition of “responsible regional authorities”.

SCHEDULE 9

PART 1 — Neighbourhood development orders

1

The Town and Country Planning Act 1990 is amended as follows.

2

After section 61D insert—

(61E) (1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development order. (2) A “neighbourhood development order” is an order which grants planning permission in relation to a particular neighbourhood area specified in the order— (a) for development specified in the order, or (b) for development of any class specified in the order. (3) Schedule 4B makes provision about the process for the making of neighbourhood development orders, including— (a) provision for independent examination of orders proposed by qualifying bodies, and (b) provision for the holding of referendums on orders proposed by those bodies. (4) A local planning authority to whom a proposal for the making of a neighbourhood development order has been made— (a) must make a neighbourhood development order to which the proposal relates if in each applicable referendum under that Schedule more than half of those voting have voted in favour of the order, and (b) if paragraph (a) applies, must make the order as soon as reasonably practicable after the referendum is held. (5) If— (a) there are two applicable referendums under that Schedule (because the order relates to a neighbourhood area designated as a business area under section 61H), and (b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the order, the authority may (but need not) make a neighbourhood development order to which the proposal relates. (6) A “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development order to act in relation to a neighbourhood area as a result of section 61F. (7) For the meaning of “neighbourhood area”, see sections 61G and 61I(1). (8) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the order would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998). (9) Regulations may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (8). (10) The regulations may in particular make provision— (a) for the holding of an examination, (b) as to the payment by a local planning authority of remuneration and expenses of the examiner, (c) as to the award of costs by the examiner, (d) as to the giving of notice and publicity, (e) as to the information and documents that are to be made available to the public, (f) as to the making of reasonable charges for anything provided as a result of the regulations, (g) as to consultation with and participation by the public, and (h) as to the making and consideration of representations (including the time by which representations must be made). (11) The authority must publish in such manner as may be prescribed— (a) their decision to act under subsection (4) or (8), (b) their reasons for making that decision, and (c) such other matters relating to that decision as may be prescribed. (12) The authority must send a copy of the matters required to be published to— (a) the qualifying body that initiated the process for the making of the order, and (b) such other persons as may be prescribed. (13) A local planning authority must publish each neighbourhood development order that they make in such manner as may be prescribed. (61F) (1) For the purposes of a neighbourhood development order, a parish council are authorised to act in relation to a neighbourhood area if that area consists of or includes the whole or any part of the area of the council. (2) If that neighbourhood area also includes the whole or any part of the area of another parish council, the parish council is authorised for those purposes to act in relation to that neighbourhood area only if the other parish council have given their consent. (3) For the purposes of a neighbourhood development order, an organisation or body is authorised to act in relation to a neighbourhood area if it is designated by a local planning authority as a neighbourhood forum for that area. (4) An organisation or body may be designated for a neighbourhood area only if that area does not consist of or include the whole or any part of the area of a parish council. (5) A local planning authority may designate an organisation or body as a neighbourhood forum if the authority are satisfied that it meets the following conditions— (a) it is established for the express purpose of promoting or improving the social, economic and environmental well-being of an area that consists of or includes the neighbourhood area concerned (whether or not it is also established for the express purpose of promoting the carrying on of trades, professions or other businesses in such an area), (b) its membership is open to— (i) individuals who live in the neighbourhood area concerned, (ii) individuals who work there (whether for businesses carried on there or otherwise), and (iii) individuals who are elected members of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned, (c) its membership includes a minimum of 21 individuals each of whom— (i) lives in the neighbourhood area concerned, (ii) works there (whether for a business carried on there or otherwise), or (iii) is an elected member of a county council, district council or London borough council any of whose area falls within the neighbourhood area concerned, (d) it has a written constitution, and (e) such other conditions as may be prescribed. (6) A local planning authority may also designate an organisation or body as a neighbourhood forum if they are satisfied that the organisation or body meets prescribed conditions. (7) A local planning authority— (a) must, in determining under subsection (5) whether to designate an organisation or body as a neighbourhood forum for a neighbourhood area, have regard to the desirability of designating an organisation or body— (i) which has secured (or taken reasonable steps to attempt to secure) that its membership includes at least one individual falling within each of sub-paragraphs (i) to (iii) of subsection (5)(b), (ii) whose membership is drawn from different places in the neighbourhood area concerned and from different sections of the community in that area, and (iii) whose purpose reflects (in general terms) the character of that area, (b) may designate only one organisation or body as a neighbourhood forum for each neighbourhood area, (c) may designate an organisation or body as a neighbourhood forum only if the organisation or body has made an application to be designated, and (d) must give reasons to an organisation or body applying to be designated as a neighbourhood forum where the authority refuse the application. (8) A designation— (a) ceases to have effect at the end of the period of 5 years beginning with the day on which it is made but without affecting the validity of any proposal for a neighbourhood development order made before the end of that period, and (b) in the case of the designation of an unincorporated association, is not to be affected merely because of a change in the membership of the association. (9) A local planning authority may withdraw an organisation or body's designation as a neighbourhood forum if they consider that the organisation or body is no longer meeting— (a) the conditions by reference to which it was designated, or (b) any other criteria to which the authority were required to have regard in making the designation; and, where an organisation or body's designation is withdrawn, the authority must give reasons to the organisation or body. (10) A proposal for a neighbourhood development order by a parish council or neighbourhood forum may not be made at any time in relation to a neighbourhood area if there is at that time another proposal by the council or forum in relation to that area that is outstanding. (11) Each local planning authority must make such arrangements as they consider appropriate for making people aware as to the times when organisations or bodies could make applications to be designated as neighbourhood forums for neighbourhood areas. (12) Regulations— (a) may make provision in connection with proposals made by qualifying bodies for neighbourhood development orders, and (b) may make provision in connection with designations (or withdrawals of designations) of organisations or bodies as neighbourhood forums (including provision of a kind mentioned in section 61G(11)(a) to (g)). (13) The regulations may in particular make provision— (a) as to the consequences of the creation of a new parish council, or a change in the area of a parish council, on any proposal made for a neighbourhood development order, (b) as to the consequences of the dissolution of a neighbourhood forum on any proposal for a neighbourhood development order made by it, (c) suspending the operation of any duty of a local planning authority under paragraph 6 or 7 of Schedule 4B in cases where they are considering the withdrawal of the designation of an organisation or body as a neighbourhood forum, (d) for determining when a proposal for a neighbourhood development order is to be regarded as outstanding, and (e) requiring a local planning authority to have regard (in addition, where relevant, to the matters set out in subsection (7)(a)) to prescribed matters in determining whether to designate an organisation or body as a neighbourhood forum. (61G) (1) A “neighbourhood area” means an area within the area of a local planning authority in England which has been designated by the authority as a neighbourhood area; but that power to designate is exercisable only where— (a) a relevant body has applied to the authority for an area specified in the application to be designated by the authority as a neighbourhood area, and (b) the authority are determining the application (but see subsection (5)). (2) A “relevant body” means— (a) a parish council, or (b) an organisation or body which is, or is capable of being, designated as a neighbourhood forum (on the assumption that, for this purpose, the specified area is designated as a neighbourhood area). (3) The specified area— (a) in the case of an application by a parish council, must be one that consists of or includes the whole or any part of the area of the council, and (b) in the case of an application by an organisation or body, must not be one that consists of or includes the whole or any part of the area of a parish council. (4) In determining an application the authority must have regard to— (a) the desirability of designating the whole of the area of a parish council as a neighbourhood area, and (b) the desirability of maintaining the existing boundaries of areas already designated as neighbourhood areas. (5) If— (a) a valid application is made to the authority, (b) some or all of the specified area has not been designated as a neighbourhood area, and (c) the authority refuse the application because they consider that the specified area is not an appropriate area to be designated as a neighbourhood area, the authority must exercise their power of designation so as to secure that some or all of the specified area forms part of one or more areas designated (or to be designated) as neighbourhood areas. (6) The authority may, in determining any application, modify designations already made; but if a modification relates to any extent to the area of a parish council, the modification may be made only with the council's consent. (7) The areas designated as neighbourhood areas must not overlap with each other. (8) A local planning authority must publish a map setting out the areas that are for the time being designated as neighbourhood areas. (9) If the authority refuse an application, they must give reasons to the applicant for refusing the application. (10) In this section “specified”, in relation to an application, means specified in the application. (11) Regulations may make provision in connection with the designation of areas as neighbourhood areas; and the regulations may in particular make provision— (a) as to the procedure to be followed in relation to designations, (b) as to the giving of notice and publicity in connection with designations, (c) as to consultation with and participation by the public in relation to designations, (d) as to the making and consideration of representations about designations (including the time by which representations must be made), (e) as to the form and content of applications for designations, (f) requiring an application for a designation to be determined by a prescribed date, (g) entitling or requiring a local planning authority in prescribed circumstances to decline to consider an application for a designation, and (h) about the modification of designations (including provision about the consequences of modification on proposals for neighbourhood development orders, or on neighbourhood development orders, that have already been made). (61H) (1) Whenever a local planning authority exercise their powers under section 61G to designate an area as a neighbourhood area, they must consider whether they should designate the area concerned as a business area. (2) The reference here to the designation of an area as a neighbourhood area includes the modification under section 61G(6) of a designation already made. (3) The power of a local planning authority to designate a neighbourhood area as a business area is exercisable by the authority only if, having regard to such matters as may be prescribed, they consider that the area is wholly or predominantly business in nature. (4) The map published by a local planning authority under section 61G(8) must state which neighbourhood areas (if any) are for the time being designated as business areas. (61I) (1) The power to designate an area as a neighbourhood area under section 61G is exercisable by two or more local planning authorities in England if the area falls within the areas of those authorities. (2) Regulations may make provision in connection with— (a) the operation of subsection (1), and (b) the operation of other provisions relating to neighbourhood development orders (including sections 61F to 61H) in cases where an area is designated as a neighbourhood area as a result of that subsection. (3) The regulations may in particular make provision— (a) modifying or supplementing the application of, or disapplying, any of the provisions mentioned in subsection (2)(b), (b) applying (with or without modifications) any provision of Part 6 of the Local Government Act 1972 (discharge of functions) in cases where the provision would not otherwise apply, (c) requiring local planning authorities to exercise, or not to exercise, any power conferred by any provision of that Part (including as applied by virtue of paragraph (b)), and (d) conferring powers or imposing duties on local planning authorities. (61J) (1) A neighbourhood development order may make provision in relation to— (a) all land in the neighbourhood area specified in the order, (b) any part of that land, or (c) a site in that area specified in the order. (2) A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development. (3) For the meaning of “excluded development”, see section 61K. (4) A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case. (5) A neighbourhood development order may not relate to more than one neighbourhood area. (6) A neighbourhood development order may make different provision for different cases or circumstances. (61K) The following development is excluded development for the purposes of section 61J— (a) development that consists of a county matter within paragraph 1(1)(a) to (h) of Schedule 1, (b) development that consists of the carrying out of any operation, or class of operation, prescribed under paragraph 1(j) of that Schedule (waste development) but that does not consist of development of a prescribed description, (c) development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time), (d) development that consists (whether wholly or partly) of a nationally significant infrastructure project (within the meaning of the Planning Act 2008), (e) prescribed development or development of a prescribed description, and (f) development in a prescribed area or an area of a prescribed description. (61L) (1) Planning permission granted by a neighbourhood development order may be granted— (a) unconditionally, or (b) subject to such conditions or limitations as are specified in the order. (2) The conditions that may be specified include— (a) obtaining the approval of the local planning authority who made the order but not of anyone else, and (b) provision specifying the period within which applications must be made to a local planning authority for the approval of the authority of any matter specified in the order. (3) Regulations may make provision entitling a parish council in prescribed circumstances to require any application for approval under subsection (2) of a prescribed description to be determined by them instead of by a local planning authority. (4) The regulations may in particular make provision— (a) as to the procedure to be followed by parish councils in deciding whether to determine applications for approvals (including the time by which the decisions must be made), (b) requiring parish councils in prescribed circumstances to cease determining applications for approvals, (c) conferring powers or imposing duties on local planning authorities, (d) treating parish councils as local planning authorities (instead of, or in addition to, the authorities) for the purposes of the determination of applications for approvals (subject to such exceptions or modifications in the application of any enactment as may be prescribed), (e) applying any enactment relating to principal councils within the meaning of section 270 of the Local Government Act 1972 for those purposes (with or without modifications), and (f) disapplying, or modifying the application of, any enactment relating to parish councils for those purposes. (5) A neighbourhood development order may provide for the granting of planning permission to be subject to the condition that the development begins before the end of the period specified in the order. (6) Regulations may make provision as to the periods that may be specified in neighbourhood development orders under subsection (5). (7) If— (a) planning permission granted by a neighbourhood development order for any development is withdrawn by the revocation of the order under section 61M, and (b) the revocation is made after the development has begun but before it has been completed, the development may, despite the withdrawal of the permission, be completed. (8) But an order under section 61M revoking a neighbourhood development order may provide that subsection (7) is not to apply in relation to development specified in the order under that section. (61M) (1) The Secretary of State may by order revoke a neighbourhood development order. (2) A local planning authority may, with the consent of the Secretary of State, by order revoke a neighbourhood development order that they have made. (3) If a neighbourhood development order is revoked, the person revoking the order must state the reasons for the revocation. (4) A local planning authority may at any time by order modify a neighbourhood development order that they have made for the purpose of correcting errors. (5) If the qualifying body that initiated the process for the making of that order is still authorised at that time to act for the purposes of a neighbourhood development order in relation to the neighbourhood area concerned, the power under subsection (4) is exercisable only with that body's consent. (6) A modification of a neighbourhood development order is to be done by replacing the order with a new one containing the modification. (7) Regulations may make provision in connection with the revocation or modification of a neighbourhood development order. (8) The regulations may in particular make provision— (a) for the holding of an examination in relation to a revocation proposed to be made by the authority, (b) as to the payment by a local planning authority of remuneration and expenses of the examiner, (c) as to the award of costs by the examiner, (d) as to the giving of notice and publicity in connection with a revocation or modification, (e) as to the information and documents relating to a revocation or modification that are to be made available to the public, (f) as to the making of reasonable charges for anything provided as a result of the regulations, (g) as to consultation with and participation by the public in relation to a revocation, and (h) as to the making and consideration of representations about a revocation (including the time by which representations must be made). (61N) (1) A court may entertain proceedings for questioning a decision to act under section 61E(4) or (8) only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed before the end of the period of 6 weeks beginning with the day on which the decision is published. (2) A court may entertain proceedings for questioning a decision under paragraph 12 of Schedule 4B (consideration by local planning authority of recommendations made by examiner etc) only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed before the end of the period of 6 weeks beginning with the day on which the decision is published. (3) A court may entertain proceedings for questioning anything relating to a referendum under paragraph 14 or 15 of Schedule 4B only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed during the period of 6 weeks beginning with the day on which the result of the referendum is declared. (61O) Local planning authorities must have regard to any guidance issued by the Secretary of State in the exercise of any function under any provision relating to neighbourhood development orders (including any function under any of sections 61F to 61H). (61P) (1) Regulations may make provision regulating the arrangements of a local planning authority for the making of any prescribed decision under any provision relating to neighbourhood development orders (including under any of sections 61F to 61H). (2) The provision made by the regulations is to have effect despite provision made by any enactment as to the arrangements of a local planning authority for the exercise of their functions (such as section 101 of the Local Government Act 1972 or section 13 of the Local Government Act 2000). (61Q) Schedule 4C makes provision in relation to a particular type of neighbourhood development order (a community right to build order).

3

In section 5(3) (provisions for the purposes of which the Broads Authority are the sole district planning authority)—

(a) after “sections” insert “ 61E to 61Q, ”, and

(b) at the end insert “ and Schedules 4B and 4C ”.

4

In Schedule 1 (local planning authorities: distribution of functions), after paragraph 6 insert—

(6A) (1) This paragraph applies to the functions of local planning authorities under any of sections 61E to 61Q and Schedules 4B and 4C (neighbourhood development orders). (2) Those functions are to be exercised by a district planning authority in any area of a non-metropolitan county.

PART 2 — Neighbourhood development plans

5

The Planning and Compulsory Purchase Act 2004 is amended as follows.

6

In section 38 (development plan)—

(a) in subsection (2), omit the “and” at the end of paragraph (a) and at the end of paragraph (b) insert

, and (c) the neighbourhood development plans which have been made in relation to that area.

(b) in subsection (3), at the end of paragraph (b) insert

, and (c) the neighbourhood development plans which have been made in relation to that area.

(c) in subsection (5), for “to be adopted, approved or published (as the case may be)” substitute “ to become part of the development plan ”, and

(d) at the end insert—

(10) Neighbourhood development plan must be construed in accordance with section 38A.

7

After that section insert—

(38A) (1) Any qualifying body is entitled to initiate a process for the purpose of requiring a local planning authority in England to make a neighbourhood development plan. (2) A “neighbourhood development plan” is a plan which sets out policies (however expressed) in relation to the development and use of land in the whole or any part of a particular neighbourhood area specified in the plan. (3) Schedule 4B to the principal Act, which makes provision about the process for the making of neighbourhood development orders, including— (a) provision for independent examination of orders proposed by qualifying bodies, and (b) provision for the holding of referendums on orders proposed by those bodies, is to apply in relation to neighbourhood development plans (subject to the modifications set out in section 38C(5) of this Act). (4) A local planning authority to whom a proposal for the making of a neighbourhood development plan has been made— (a) must make a neighbourhood development plan to which the proposal relates if in each applicable referendum under that Schedule (as so applied) more than half of those voting have voted in favour of the plan, and (b) if paragraph (a) applies, must make the plan as soon as reasonably practicable after the referendum is held. (5) If— (a) there are two applicable referendums under that Schedule as so applied (because the plan relates to a neighbourhood area designated as a business area under section 61H of the principal Act), and (b) in one of those referendums (but not the other) more than half of those voting have voted in favour of the plan, the authority may (but need not) make a neighbourhood development plan to which the proposal relates. (6) The authority are not to be subject to the duty under subsection (4)(a) if they consider that the making of the plan would breach, or would otherwise be incompatible with, any EU obligation or any of the Convention rights (within the meaning of the Human Rights Act 1998). (7) Regulations made by the Secretary of State may make provision as to the procedure to be followed by local planning authorities in cases where they act under subsection (6). (8) The regulations may in particular make provision— (a) for the holding of an examination, (b) as to the payment by a local planning authority of remuneration and expenses of the examiner, (c) as to the award of costs by the examiner, (d) as to the giving of notice and publicity, (e) as to the information and documents that are to be made available to the public, (f) as to the making of reasonable charges for anything provided as a result of the regulations, (g) as to consultation with and participation by the public, and (h) as to the making and consideration of representations (including the time by which representations must be made). (9) The authority must publish in such manner as may be prescribed— (a) their decision to act under subsection (4) or (6), (b) their reasons for making that decision, and (c) such other matters relating to that decision as may be prescribed. (10) The authority must send a copy of the matters required to be published to— (a) the qualifying body that initiated the process for the making of the plan, and (b) such other persons as may be prescribed. (11) If a neighbourhood development plan is in force in relation to a neighbourhood area— (a) a qualifying body may make a proposal for the existing plan to be replaced by a new one, and (b) the process for the making of the replacement plan is the same as the process for the making of the existing plan. (12) For the purposes of this section— - “local planning authority” has the same meaning as it has in Part 2 (see section 37), but the Broads Authority are to be the only local planning authority for the Broads, - “neighbourhood area” has the meaning given by sections 61G and 61I(1) of the principal Act, - “prescribed” means prescribed by regulations made by the Secretary of State, and - “qualifying body” means a parish council, or an organisation or body designated as a neighbourhood forum, authorised for the purposes of a neighbourhood development plan to act in relation to a neighbourhood area as a result of section 61F of the principal Act, as applied by section 38C of this Act. (38B) (1) A neighbourhood development plan— (a) must specify the period for which it is to have effect, (b) may not include provision about development that is excluded development, and (c) may not relate to more than one neighbourhood area. (2) Only one neighbourhood development plan may be made for each neighbourhood area. (3) If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy. (4) Regulations made by the Secretary of State may make provision— (a) restricting the provision that may be included in neighbourhood development plans about the use of land, (b) requiring neighbourhood development plans to include such matters as are prescribed in the regulations, and (c) prescribing the form of neighbourhood development plans. (5) A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State. (6) Section 61K of the principal Act (meaning of “excluded development”) is to apply for the purposes of subsection (1)(b). (38C) (1) The following provisions of the principal Act are to apply in relation to neighbourhood development plans. (2) The provisions to be applied are— (a) section 61F (authorisation to act in relation to neighbourhood areas), (b) section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities), (c) section 61M (revocation or modification of neighbourhood development orders), (d) section 61N (legal challenges), (e) section 61O (guidance), and (f) section 61P (provision as to the making of certain decisions by local planning authorities). (3) Section 61M of the principal Act is to apply in accordance with subsection (2) of this section as if the words “by order” (wherever occurring) were omitted. (4) Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act. (5) Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act with the following modifications— (a) the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act, (b) references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act, (c) references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and (d) paragraph 8 is to have effect as if sub-paragraphs (2)(b) and (c) and (3) to (5) were omitted. (6) Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations on proposals for neighbourhood development plans, or on neighbourhood development plans, that have already been made. (7) The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.

SCHEDULE 10

This is the Schedule to be inserted as Schedule 4B to the Town and Country Planning Act 1990—

SCHEDULE 11

This is the Schedule to be inserted as Schedule 4C to the Town and Country Planning Act 1990—

SCHEDULE 12

Town and Country Planning Act 1990

1

The Town and Country Planning Act 1990 is amended as follows.

2

In section 56(3) (time when development begun)—

(a) after “sections” insert “ 61L(5) and (7), ”, and

(b) for “and 94” substitute “ , 94 and 108(3E)(c)(i) ”.

3

In section 57(3) (extent of permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

4

In section 58(1)(a) (grant of planning permission by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

5

In section 62 (applications for planning permission), after subsection (2) insert—

(2A) In subsections (1) and (2) references to applications for planning permission include references to applications for approval under section 61L(2).

6

In section 65 (notice etc of applications for planning permission), after subsection (3) insert—

(3A) In subsections (1) and (3) references to any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.

7

(1) Section 69 (register of applications etc) is amended as follows.

(2) In subsection (1), after paragraph (c) insert—

(ca) neighbourhood planning matters;

(3) In subsection (2)(b), after “order” insert “ , neighbourhood planning matter ”.

(4) After subsection (2) insert—

(2A) For the purposes of subsections (1) and (2) “neighbourhood planning matters” means— (a) neighbourhood development orders; (b) neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and (c) proposals for such orders or plans.

8

(1) Section 71 (consultations in connection with determinations under s.70) is amended as follows.

(2) After subsection (2) insert—

(2ZA) In subsections (1) and (2) references to an application for planning permission include references to an application for approval under section 61L(2).

(3) After subsection (3) insert—

(3A) Subsection (3) does not apply in relation to planning permission granted by a neighbourhood development order.

9

In section 74 (directions etc as to method of dealing with applications), after subsection (1) insert—

(1ZA) In subsection (1)— (a) in paragraph (c) the reference to planning permission for any development includes a reference to an approval under section 61L(2), and (b) in paragraph (f) references to applications for planning permission include references to applications for approvals under section 61L(2).

10

In section 77(1) (certain applications to be referred to the Secretary of State), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

11

In section 78(1)(c) (right of appeal in relation to certain planning directions), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

12

In section 88(9) (grant of planning permission in enterprise zone), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

13

In section 91(4)(a) (no limit to duration of planning permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

14

In section 94(1) (termination of planning permission by reference to time limit: completion notices), at the end of paragraph (c) insert

; or (d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.

15

(1) Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”, and

(b) in the words after paragraph (b), for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.

(3) In subsection (2), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

(4) In subsection (3B), at the end insert—

(c) in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.

(5) After subsection (3D) insert—

(3E) The condition referred to in subsection (3B)(c) is that— (a) the planning permission is withdrawn by the revocation of the neighbourhood development order, (b) notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and (c) either— (i) the development authorised by the neighbourhood development order had not begun before the notice was published, or (ii) section 61L(7) applies in relation to the development.

(6) In the title, for “or a local development order” substitute “ , local development order or neighbourhood development order ”.

16

In section 109(6) (apportionment of compensation for depreciation), in the definition of “relevant planning permission”, for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.

17

In section 171H(1)(a) (temporary stop notice: compensation), for “a development order or local development order” substitute “ by a development order, a local development order or a neighbourhood development order ”.

18

In section 197 (planning permission to include appropriate provision for preservation and planting of trees), at the end insert—

Nothing in this section applies in relation to neighbourhood development orders.

19

In section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

20

In section 264(5) (land treated not as operational land)—

(a) in paragraph (b), omit “or a local development order”, and

(b) after paragraph (c) (but before the “or” at the end of the paragraph) insert—

(ca) granted by a local development order or a neighbourhood development order;

21

(1) Section 324 (rights of entry) is amended as follows.

(2) In subsection (1), after paragraph (a) insert—

(aa) the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;

(3) After that subsection insert—

(1A) For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.

22

(1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “ or paragraph 15(5) or 16 of Schedule 4B ”.

(3) After that subsection insert—

(3A) No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

23

In paragraph 1A of Schedule 13 (blighted land: land allocated for public authority functions in development plans etc)—

(a) after “for the area in which the land is situated” insert “ or by a neighbourhood development plan for the area in which the land is situated ”,

(b) after Note (2) insert—

(2A) For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 Act).

, and

(6) Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.

Planning (Listed Buildings and Conservation Areas) Act 1990

24

The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

25

In section 66 (general duty as respects listed buildings in exercise of planning functions), at the end insert—

(4) Nothing in this section applies in relation to neighbourhood development orders.

26

In section 72 (general duty as respects conservation areas in exercise of planning functions), at the end insert—

(4) Nothing in this section applies in relation to neighbourhood development orders.

Planning and Compulsory Purchase Act 2004

27

The Planning and Compulsory Purchase Act 2004 is amended as follows.

28

In section 18 (statement of community involvement), after subsection (2) insert—

(2A) The reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).

29

In section 40(2) (local development orders), omit paragraphs (b) to (k).

30

In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “ or 3 ”.

Housing and Regeneration Act 2008

31

In section 13(5) of the Housing and Regeneration Act 2008 (power of Secretary of State to make designation orders)—

(a) in paragraph (a) of the definition of “local planning authority”, after “Part 2” insert “ or 3 ”, and

(b) in paragraph (c) of the definition of “permitted purposes”, after “Part 2” insert “ or 3 ”.

SCHEDULE 13

PART 1 — Amendments of the Planning Act 2008

Introductory

1

The Planning Act 2008 is amended as follows.

Abolition of Infrastructure Planning Commission

2

Omit sections 1 to 3 and Schedule 1 (establishment and governance of Commission and conduct and interests of Commissioners).

Fees

3

(1) Amend section 4 (regulations setting fees for performance of Commission's functions) as follows.

(2) In subsection (1) for “charging of fees by the Commission in connection with the performance of any of its functions” substitute “ charging of fees by the Secretary of State in connection with the performance of any of the Secretary of State's major-infrastructure functions ”.

(3) In subsection (3) (power to set fees calculated by reference to costs incurred)—

(a) for “incurred by the Commission” substitute “ incurred by the Secretary of State ”, and

(b) for “its functions” (in both places) substitute “ the Secretary of State's major-infrastructure functions ”.

(4) After subsection (3) insert—

(4) In this section “the Secretary of State's major-infrastructure functions” means— (a) the Secretary of State's functions under Parts 2 to 8 and under Part 12 so far as applying for the purposes of those Parts, (b) the giving of advice to which section 51 applies, and (c) the Secretary of State's functions, in relation to proposed applications for orders granting development consent, under statutory provisions implementing— (i) Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, as amended from time to time, or (ii) provisions of an EU instrument which from time to time replace provisions of that Directive. (5) In subsection (4)(c) “statutory provision” means a provision of an Act or of an instrument made under an Act.

(5) In the heading of Part 1 for “The Infrastructure Planning Commission” substitute “ Infrastructure planning: fees ”.

Directions referring applications for other consents to Commission

4

In section 35(6) (relevant authority must refer application to Commission) for “Commission” substitute “ Secretary of State ”.

5

(1) Amend section 37 (applications to be made to Commission, which may give guidance about their contents and set standards for them) as follows.

(2) For “Commission” (in each place) substitute “ Secretary of State ”.

(3) In subsection (6) for “it” substitute “ the Secretary of State ”.

Model provisions for incorporation in draft orders

6

Omit section 38 (Secretary of State may prescribe non-compulsory model provisions).

Register of applications

7

(1) Amend section 39 (Commission to maintain and give access to register of applications) as follows.

(2) For “Commission” (in each place) substitute “ Secretary of State ”.

(3) In subsections (1) and (2) for “it” substitute “ the Secretary of State ”.

Notification of proposed application

8

(1) Amend section 46 (duty to notify Commission of proposed application) as follows.

(2) In subsection (1) for “Commission” (in each place) substitute “ Secretary of State ”.

(3) In the heading for “Commission” substitute “ Secretary of State ”.

Guidance about pre-application procedure

9

In section 50(2) (guidance may be issued by Commission or Secretary of State) omit “the Commission or”.

Advice for potential applicants and others

10

(1) Section 51 (giving of advice by Commission and disclosure of advice and requests for advice) is amended as follows.

(2) In subsection (1) for “The Commission may give advice to an applicant or potential applicant, or to others,” substitute “ This section applies to advice ”.

(3) For subsections (2) to (4) substitute—

(3) The Secretary of State may by regulations make provision about the giving of advice to which this section applies. (4) In particular, regulations under subsection (3) may make provision that has the effect that— (a) a request for advice made by an applicant, potential applicant or other person, or (b) advice given to an applicant, potential applicant or other person, must be, or may be, disclosed by the Secretary of State to other persons or to the public generally.

Information about, and entry onto, land

11

In section 52(2) and (4) (authorisation by Commission to serve notice requiring names and addresses of persons with interests in land) for “Commission” substitute “ Secretary of State ”.

12

(1) Amend section 53 (rights of entry) as follows.

(2) In subsections (1) and (2) (Commission may authorise entry) for “Commission” (in each place) substitute “ Secretary of State ”.

(3) In subsection (4)(c) for “Commission's” substitute “Secretary of State's”.

Acceptance of applications

13

(1) Amend section 55 (acceptance by Commission of applications) as follows.

(2) For “Commission” (in each place) substitute “ Secretary of State ”.

(3) In subsections (2), (4) and (6) for “it” (in each place) substitute “ the Secretary of State ”.

(4) In subsection (7)—

(a) for “it cannot accept the application, it” substitute “ the application cannot be accepted, the Secretary of State ”, and

(b) in paragraph (b) for “its” substitute “the Secretary of State's”.

14

In section 56 (if Commission accepts application, applicant to notify deadline for receipt by Commission of representations) for “Commission” (in each place) substitute “ Secretary of State ”.

15

In section 58(1) and (2) (applicant must certify to Commission that section 56 has been complied with) for “Commission” substitute “ Secretary of State ”.

16

In section 59(1) and (2) (applicant must notify Commission of persons affected by any request to authorise compulsory acquisition) for “Commission” substitute “ Secretary of State ”.

17

(1) Amend section 60 (Commission's duty to seek local impact reports) as follows.

(2) For “Commission” (in each place) substitute “ Secretary of State ”.

(3) In subsection (2) for “to it” substitute “ to the Secretary of State ”.

Deciding how application is to be handled

18

(1) Amend section 61 (initial choice of Panel or single Commissioner) as follows.

(2) In subsection (1) (which refers to acceptance of an application by the Commission) for “Commission” substitute “ Secretary of State ”.

(3) For subsections (2) to (5) (person appointed to chair Commission must make initial choice after consultation within the Commission and having regard to Secretary of State's guidance) substitute—

(2) The Secretary of State must decide whether the application— (a) is to be handled by a Panel under Chapter 2, or (b) is to be handled by a single appointed person under Chapter 3. (3) The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).

(4) In the heading for “Commissioner” substitute “ appointed person ”.

19

(1) Amend section 62 (switching from single Commissioner to Panel) as follows.

(2) In subsection (1), and in the heading, for “Commissioner” substitute “ appointed person ”.

(3) For subsections (2) to (5) (person appointed to chair Commission may make switch after consultation within the Commission and having regard to the Secretary of State's guidance) substitute—

(2) The Secretary of State may decide that the application should instead be handled by a Panel under Chapter 2. (3) The Secretary of State must publish the criteria that are to be applied in making decisions under subsection (2).

Delegation of functions conferred on person appointed to chair Commission

20

Omit section 63 (power for Commission's chair to delegate functions under Part 6 to a deputy).

Handling of applications by a Panel

21

In section 64(1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.

22

(1) Amend section 65 (appointment of members, and lead member, of Panel) as follows.

(2) For subsection (1) (Commission chair must appoint Panel and Panel chair) substitute—

(1) The Secretary of State must appoint— (a) three, four or five persons to be members of the Panel, and (b) one of those persons to chair the Panel.

(3) Omit subsections (3) to (5) (self-appointments, and duty to consult within the Commission before making appointments).

23

(1) Amend section 66 (ceasing to be member, or lead member, of Panel) as follows.

(2) Omit subsection (1) (generally, person ceases to be Panel member on ceasing to be a Commissioner).

(3) In subsections (3) and (4) (member, or lead member, may resign by notice to Commission) for “Commission” substitute “ Secretary of State ”.

(4) In subsection (5) (Commission chair may remove Panel member or lead member)—

(a) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”, and

(b) in paragraphs (a) and (b) for “chair” substitute “ Secretary of State ”.

24

Omit section 67 (Panel member continuing though ceasing to be Commissioner).

25

(1) Amend section 68 (additional appointments to Panel) as follows.

(2) For subsection (2) (Commission chair may appoint additional Panel member) substitute—

(2) The Secretary of State may appoint a person to be a member of the Panel, but this power may not be exercised so as to cause the Panel to have more than five members.

(3) In subsection (3) (Commission chair must ensure Panel continues to have at least three members) for “person appointed to chair the Commission” substitute “Secretary of State

(4) Omit subsection (5) (self-appointments).

26

(1) Amend section 69 (replacement of lead member of Panel) as follows.

(2) In subsection (2) (Commission chair must make appointment to fill vacancy in office of lead member) for “person appointed to chair the Commission” substitute “ Secretary of State ”.

(3) Omit subsection (4) (self-appointments).

27

Omit section 70 (membership of Panel where application relates to land in Wales).

28

(1) Amend section 71 (supplementary provision where Panel replaces single Commissioner) as follows.

(2) In subsection (2) (single Commissioner may be appointed member, or member and lead member, of Panel) for “A Commissioner who has handled the application under Chapter 3” substitute “ An appointed person ”.

(3) In subsection (3) (power to treat things done by or to single Commissioner as done by or to Panel) for “a Commissioner” substitute “ an appointed person ”.

(4) After subsection (4) insert—

(5) In this section “appointed person” means a person appointed to handle the application under Chapter 3.

(5) In the heading for “Commissioner” substitute “ appointed person ”.

29

(1) Amend section 74 (Panel to decide, or make recommendations in respect of, application) as follows.

(2) Omit subsection (1) (cases in which Panel has function of deciding application).

(3) In subsection (2) (cases in which Panel has function of examining application and reporting on it to the Secretary of State) for “In any other case, the Panel” substitute “ The Panel ”.

(4) Omit subsection (4) (duty of Commission staff to give support to Panel).

Single-Commissioner procedure to become single-appointed-person procedure

30

(1) Amend section 78 (single Commissioner to handle application) as follows.

(2) In subsection (1)(a) (which refers to an application accepted by the Commission) for “Commission” substitute “ Secretary of State ”.

(3) In subsection (1)(b) (which refers to decision that application be handled by a single Commissioner) for “Commissioner” substitute “ appointed person ”.

(4) In subsection (2) (meaning of “the single Commissioner”) for “Commissioner” substitute “ appointed person ”.

(5) In the heading, and in the italic heading immediately preceding the section, for “Commissioner” substitute “ appointed person ”.

(6) In the heading of Chapter 3 of Part 6 for “single-Commissioner” substitute “ single-appointed-person ”.

31

For section 79 (Commission chair must appoint single Commissioner) substitute—

(79) The Secretary of State must appoint a person to handle the application.

32

(1) Amend section 80 (person ceasing to be single Commissioner) as follows.

(2) Omit subsection (1) (generally, person ceases to be single Commissioner on ceasing to be a Commissioner).

(3) In subsection (2) (single Commissioner may resign by notice to Commission)—

(a) for “Commissioner” substitute “ appointed person ”, and

(b) for “Commission” substitute “ Secretary of State ”.

(4) In subsection (3) (Commission chair may remove single Commissioner)—

(a) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”,

(b) for “Commissioner” (in both places) substitute “ appointed person ”, and

(5) In the heading for “Commissioner” substitute “ appointed person ”.

33

Omit section 81 (single Commissioner continuing though ceasing to be Commissioner).

34

In section 82 (appointment of replacement single Commissioner) for “Commissioner” (in each place, including in the heading) substitute “ appointed person ”.

35

(1) Amend section 83 (single Commissioner to examine and report on application) as follows.

(2) In subsections (1) and (3), in the heading, and in the italic heading immediately preceding the section, for “Commissioner” (in each place, including in the word “Commissioner's”) substitute “ appointed person ”.

(3) In subsection (1)(b) (duty to make report) after “making a report” insert “ to the Secretary of State ”.

(4) Omit subsection (2) (report to be made to the Commission in some cases and to the Secretary in other cases).

(5) Omit subsection (4) (duty of Commission staff to support single Commissioner).

36

Omit sections 84 and 85 (procedure where single Commissioner's report made to Commission) and the italic heading immediately preceding section 84.

Examination of applications

37

In section 86 (Chapter applies to examination by Panel or single Commissioner), and in its heading, for “Commissioner” (in each place) substitute “ appointed person ”.

38

Omit section 87(2)(b) (Examining authority to have regard to guidance given by Secretary of State or Commission).

39

In section 92 (notifying Commission that compulsory acquisition hearing wanted) for “Commission” (in each place) substitute “ Secretary of State ”.

40

In section 93 (notifying Commission that open-floor hearing wanted) for “Commission” (in both places) substitute “ Secretary of State ”.

41

In section 94(2)(b) (Panel member or single Commissioner to preside over hearing) for “Commissioner” substitute “ appointed person ”.

42

After section 95 insert—

(95A) (1) Subsection (2) applies if the Secretary of State is satisfied that if all or part of the Examining Authority's examination of the application takes the form of a meeting or hearing— (a) the making of particular oral representations at such a meeting or hearing would be likely to result in the disclosure of information as to defence or national security, and (b) the public disclosure of that information would be contrary to the national interest. (2) The Secretary of State may direct that representations of a description specified in the direction may be made only to persons of a description so specified (instead of being made in public). (3) If the Secretary of State gives a direction under subsection (2), the Attorney General or (where the representations are to be made in Scotland) the Advocate General for Scotland may appoint a person (an “appointed representative”) to represent the interests of an interested party who (by virtue of the direction) is prevented from being present when the representations are made. (4) Rules under section 97 may (in particular) make provision as to the functions of an appointed representative. (5) The Secretary of State may direct a person (a “responsible person”) to pay the fees and expenses of an appointed representative if the Secretary of State thinks that the responsible person is interested in a meeting or hearing in relation to any representations that are the subject of a direction under subsection (2). (6) Subsections (7) and (8) apply if the Secretary of State gives a direction under subsection (5). (7) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State. (8) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person, or determined by the Secretary of State, to be certified. (9) An amount so certified is recoverable from the responsible person as a civil debt. (10) In this section “representations” includes evidence.

43

In section 96(1)(c) (which refers to representations received by the Commission) for “Commission” substitute “ Secretary of State ”.

44

(1) Amend section 98 (timetable for examining, and reporting on, application) as follows.

(2) In subsection (3) (deadline for making report to Secretary of State) for the words from the beginning to “its report” substitute “ The Examining authority is under a duty to make its report under section 74(2)(b) or 83(1)(b) ”.

(3) In subsection (4) (Commission chair may extend deadlines under the section) for “person appointed to chair the Commission” substitute “ Secretary of State ”.

(4) For subsection (6) (extensions of deadlines to be reported to Secretary of State and in Commission's annual report) substitute—

(6) Subsections (7) and (8) apply where the power under subsection (4) is exercised. (7) The Secretary of State must— (a) notify each interested party of the new deadline, and (b) publicise the new deadline in such manner as the Secretary of State thinks appropriate. (8) The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline. (9) A statement under subsection (8) may be written or oral.

45

(1) Amend section 100 (Commission chair may appoint assessors at request of Examining authority) as follows.

(2) In subsection (1) for “person appointed to chair the Commission (“the chair”)” substitute “ Secretary of State ”.

(3) In subsection (2) for “chair” substitute “ Secretary of State ”.

46

In section 101(1) (Commission chair may appoint lawyer to assist Examining authority) for “person appointed to chair the Commission” substitute “ Secretary of State ”.

47

In section 102(4) (meaning of “relevant representation”) for “Commission” (in each place) substitute “ Secretary of State ”.

Decisions on applications

48

(1) Amend section 103 as follows.

(2) In subsection (1) (cases where Secretary of State is the decision-maker) omit the words after “consent”.

(3) Omit subsection (2) (meaning in Act of “decision-maker”).

(4) For the heading substitute “ Secretary of State is to decide applications ”.

49

(1) Amend section 104 (decisions of Panel and Council) as follows.

(2) In subsection (1) for “the decision-maker is a Panel or the Council” substitute “ a national policy statement has effect in relation to development of the description to which the application relates ”.

(3) In subsection (2)—

(a) for “Panel or Council” (in both places) substitute “ Secretary of State ”,

(b) in paragraph (b) for “Commission” substitute “ Secretary of State ”, and

(4) In subsections (3) and (4) for “Panel or Council” substitute “ Secretary of State ”.

(5) In subsection (5)—

(a) for “Panel or Council is” substitute “ Secretary of State is ”, and

(b) for “Panel or Council, or the Commission, being in breach of any duty imposed on it” substitute “ Secretary of State being in breach of any duty imposed on the Secretary of State ”.

(6) In subsections (6), (7) and (8) for “Panel or Council” substitute “ Secretary of State ”.

(7) For the heading substitute “ Decisions in cases where national policy statement has effect ”

50

(1) Amend section 105 (decisions of Secretary of State) as follows.

(2) In subsection (1) for “if the decision-maker is the Secretary of State” substitute “ if section 104 does not apply in relation to the application ”.

(3) In subsection (2)(a) (which refers to reports submitted to the Commission) for “Commission” substitute “ Secretary of State ”.

(4) For the heading substitute “ Decisions in cases where no national policy statement has effect ”.

51

In section 106(1) (representations which decision-maker may disregard) for “decision-maker” (in both places) substitute “ Secretary of State ”.

52

(1) Section 107 (timetable for decisions) is amended as follows.

(2) In subsection (1) (deadline for deciding application)—

(a) for “decision-maker” substitute “ Secretary of State ”, and

(b) for “day after the start day” substitute “ deadline under section 98(3) ”.

(3) Omit subsection (2) (meaning of “the start day”).

(4) In subsection (3) (extension of deadline) for “appropriate authority” substitute “ Secretary of State ”.

(5) Omit subsection (4) (meaning of “appropriate authority”).

(6) For subsections (6) to (9) (publicising deadline extensions) substitute—

(6) Subsection (7) applies where the power under subsection (3) is exercised. (7) The Secretary of State exercising the power must make a statement, to the House of Parliament of which that Secretary of State is a member, announcing the new deadline. (8) A statement under subsection (7) must be published in such form and manner as the Secretary of State considers appropriate. (8A) A statement under subsection (7) may be written or oral.

Suspension of decision-making process

53

In section 108(2) (suspension of proceedings on application) for the words from “the following” to the end substitute “ examination of the application by a Panel under Chapter 2, or a single appointed person under Chapter 3, is suspended (if not already completed). ”

Intervention by Secretary of State

54

In Part 6, omit Chapter 7 (which consists of sections 109 to 113 and Schedule 3).

Grant or refusal

55

(1) Section 114 (decision-maker to grant or refuse consent) is amended as follows.

(2) In subsection (1)—

(a) for “it” substitute “ the Secretary of State ”, and

(b) for “decision-maker” substitute “ Secretary of State ”.

(3) In subsection (2) for “decision-maker” substitute “ Secretary of State ”.

56

Omit section 115(6) (Panel or Council to have regard to Secretary of State's guidance in deciding whether development is associated).

57

(1) Amend section 116 (reasons) as follows.

(2) In subsection (1)—

(a) for “decision-maker” substitute “ Secretary of State ”, and

(b) for “its” substitute “the Secretary of State's”.

(3) In subsection (2) for “appropriate authority” substitute “ Secretary of State ”.

(4) In subsection (3)—

(a) for “appropriate authority” substitute “ Secretary of State ”, and

(b) for “the authority” substitute “ the Secretary of State ”.

(5) Omit subsection (4) (meaning of “appropriate authority”).

58

(1) Amend section 117 (orders granting consent: formalities) as follows.

(2) Omit subsections (2) and (5) (orders made by Panel or Council).

(3) In subsection (3) (duty to publish order)—

(a) for “appropriate authority” substitute “ Secretary of State ”, and

(b) for “the authority” substitute “ the Secretary of State ”.

(4) For subsection (4) (order exercising powers under section 120(5)(a) or (b) must be in statutory instrument) substitute—

(4) If the order includes provision— (a) made under section 120(3) for or relating to any of the matters listed in paragraphs 32A and 32B of Schedule 5, or (b) made in the exercise of any of the powers conferred by section 120(5)(a) or (b), the order must be contained in a statutory instrument.

(5) In subsection (6) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.

(6) Omit subsection (7) (meaning of “appropriate authority”).

59

(1) Amend section 118 (legal challenges) as follows.

(2) In subsection (3) (challenges to Commission decision not to accept application) for “Commission” (in both places) substitute “ Secretary of State ”.

(3) In subsection (7) (other challenges to things done by Secretary of State or Commission) omit “or the Commission”.

60

(1) Amend section 120 (what may be contained in order) as follows.

(2) In subsection (5)(b) and (c) (order may contain provision that appears necessary or expedient to decision-maker) for “decision-maker” substitute “ Secretary of State ”.

(3) For subsection (8) (order may not create offences or make byelaws or confer or amend power to do so) substitute—

(8) With the exception of provision made under subsection (3) for or relating to any of the matters listed in paragraph 32B of Schedule 5, an order granting development consent may not include— (a) provision creating offences, (b) provision conferring power to create offences, or (c) provision changing an existing power to create offences.

61

Omit section 121 (Secretary of State's control of exercise of legislative powers by Panel or Council).

62

In sections 122(1) and 123(1) (compulsory acquisition may be authorised only if decision-maker satisfied conditions met) for “decision-maker” substitute “ Secretary of State ”.

63

Omit section 124 (guidance to Panels and Council about authorising compulsory acquisition).

64

(1) Amend section 127 (statutory undertakers' land) as follows.

(2) In subsection (1)(c) (decision-maker must be satisfied as to use of land) for “decision-maker” substitute “ Secretary of State ”.

(3) Omit subsection (7)(b) (Secretary of State to notify Commission).

65

Omit sections 131(10)(b) and 132(10)(b) (Secretary of State to notify Commission).

66

(1) Amend section 136 (public rights of way) as follows.

(2) In subsection (1) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.

(3) In subsections (4)(b) and (5) (revival of right extinguished in connection with abandoned acquisition proposal) for “appropriate authority” substitute “ Secretary of State ”.

(4) Omit subsection (6) (meaning of “appropriate authority”).

67

In section 138(4)(a) (decision-maker must be satisfied) for “decision-maker” substitute “ Secretary of State ”.

68

(1) Amend section 147 (Green Belt land) as follows.

(2) In subsection (2) (decision-maker's duty to notify) for “decision-maker” substitute “ Secretary of State ”.

(3) Omit subsection (3) (cases where Secretary of State not decision-maker).

69

In section 235(1) (interpretation of Act) omit the definitions of—

“the Commission”,

“Commissioner”,

“the Council”, and

“decision-maker”.

70

(1) Amend Schedule 4 (corrections of errors in development consent decisions) as follows.

(2) In paragraph 1(1)(a) for “decision-maker” substitute “ Secretary of State ”.

(3) In paragraph 1(4), (5) and (7) for “appropriate authority” (in each place) substitute “ Secretary of State ”.

(4) Omit paragraph 1(9) (instruments made by the Commission).

(5) In paragraph 1(10) for “is made, the appropriate authority” substitute “ containing the order is made, the Secretary of State ”.

(6) In paragraph 2 for “appropriate authority” (in each place) substitute “ Secretary of State ”.

(7) In paragraph 2(4) (Secretary of State may specify other persons to whom correction notice is to be given) for the words after “may” substitute “ give the correction notice to persons other than those to whom sub-paragraph (3) requires it to be given. ”

(8) In paragraph 4 omit the definition of “the appropriate authority”.

71

(1) Amend Schedule 5 (provisions relating to, or to matters ancillary to, development) as follows.

(2) In paragraph 18 (order granting development consent may make provision for or relating to charging tolls, fares and other charges) after “fares” insert “ (including penalty fares) ”.

(3) After paragraph 32 insert—

(32A) The making of byelaws by any person and their enforcement. (32B) (1) The creation of offences within sub-paragraph (2) in connection with— (a) non-payment of tolls, fares or other charges, (b) a person's failure to give the person's name or address in accordance with provision relating to penalty fares, (c) enforcement of byelaws, or (d) construction, improvement, maintenance or management of a harbour. (2) An offence is within this sub-paragraph if— (a) it is triable only summarily, (b) a person guilty of the offence is not liable to imprisonment, and (c) any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.

72

(1) Amend Schedule 6 (changes to, and revocation of, orders) as follows.

(2) Omit paragraph 1(4) (meaning of “appropriate authority”).

(3) Except in paragraphs 3(6) and (7) and 6(2), for “appropriate authority” (in each place) substitute “ Secretary of State ”.

(4) In paragraph 2(1) for “it” substitute “ the Secretary of State ”.

(5) In paragraph 2(4) for “Commission” substitute “ Secretary of State ”.

(6) Omit paragraph 2(10) (instruments made by Commission).

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Localism Act 2011

27

28

29

30

31

Environment Act 1995 (c. 25)

32

Police Act 1996 (c. 16)

33

Greater London Authority Act 1999 (c. 29)

34

35

36

37

38

39

40

41

Local Government Act 2003 (c. 26)

42

43

44

45

46

London Local Authorities Act 2004 (2004 c. i)

47

Local Government and Public Involvement in Health Act 2007 (c. 28)

48

49

50

51

Police Reform and Social Responsibility Act 2011 (c. 13)

52

53

54

SCHEDULE 8

Town and Country Planning Act 1990 (c. 8)

1

Regional Development Agencies Act 1998 (c. 45)

2

Greater London Authority Act 1999 (c. 29)

3

4

5

6

Planning and Compulsory Purchase Act 2004 (c. 5)

7

8

9

10

11

12

13

14

15

16

17

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

18

19

Marine and Coastal Access Act 2009 (c. 23)

20

SCHEDULE 9

PART 1 — Neighbourhood development orders

1

2

3

4

PART 2 — Neighbourhood development plans

5

6

7

SCHEDULE 10

SCHEDULE 11

SCHEDULE 12

Town and Country Planning Act 1990

1

2

3