The Neighbourhood Planning (General) Regulations 2012

Made: 1st March 2012

Laid before Parliament: 6th March 2012

Coming into force: 6th April 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 61E, 61F, 61G, 61K, 61L, 61M and 71A of, and paragraphs 1, 4, 7, 8, 10, 11, 12 and 15 of Schedule 4B and paragraphs 3 and 11 of Schedule 4C to, the Town and Country Planning Act 1990 , and sections 38A, 38B and 122(1) of the Planning and Compulsory Purchase Act 2004 , and being a designated Minister for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment, makes the following Regulations.

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Neighbourhood Planning (General) Regulations 2012 and come into force on 6th April 2012.

Review

2

• (1) Before the end of each review period, the Secretary of State must—

• (a) carry out a review of these Regulations (other than regulations 32 and 33 and Schedules 2 and 3),

• (b) set out the conclusions of the review in a report, and

• (c) publish the report.

• (2) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory system established by these Regulations,

• (b) assess the extent to which those objectives are achieved, and

• (c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

• (3) “Review period” means—

• (a) the period of five years beginning with the day on which these Regulations come into force, and

• (b) subject to paragraph (4), each successive period of five years.

• (4) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Interpretation

3

In these Regulations—

• “the 1990 Act” means the Town and Country Planning Act 1990;

• “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

• “address” in relation to electronic communications means any number or address used for the purposes of such communications;

• “approvals application” means an application for approval, in relation to a condition or limitation subject to which planning permission is granted by a neighbourhood development order, under section 61L(2) of the 1990 Act;

• “area application” means an application for the designation of a neighbourhood area made under section 61G of the 1990 Act;

• “consultation body” has the meaning given in Schedule 1;

• “contact details” means the name, address and telephone number of the person concerned;

• “EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;

• “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 ;

• “electronic communications apparatus” has the meaning given in paragraph 5 of the electronic communications code;

• “electronic communications code” has the meaning given in section 106(1) of the Communications Act 2003 ;

• “inspection” means inspection by the public;

• “modification proposal” means a proposal submitted by a qualifying body under paragraph 1 of Schedule A2 to the 2004 Act;

• “neighbourhood forum application” means an application for designation of a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act;

• “order proposal” means a proposal for a neighbourhood development order submitted by a qualifying body under paragraph 1 of Schedule 4B to the 1990 Act or community right to build order submitted by a community organisation under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act; and

• “plan proposal” means a proposal for a neighbourhood development plan submitted by a qualifying body under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act).

Electronic communications

4

• (1) Where within these Regulations—

• (a) a person is required to consult or seek representations from another person or body; and

• (b) that other person has an address for the purposes of electronic communications;

the document, copy, notice or notification may be sent or made by way of electronic communication.

• (2) Where within these Regulations a person may make representations on any matter or document, those representations may be made—

• (a) in writing, or

• (b) by way of electronic communication.

• (3) Where—

• (a) an electronic communication is used as mentioned in paragraphs (1) and (2); and

• (b) the communication is received by the recipient outside normal working hours;

it shall be taken to have been received on the next working day.

• (4) In this regulation “working day” means a day which is not a Saturday, Sunday, bank holiday under the Banking and Financial Dealings Act 1971 or other public holiday in England.

PART 2 — Neighbourhood Areas

Application for designation of a neighbourhood area

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• (1) Where a relevant body submits an area application to the local planning authority it must include—

• (a) a map which identifies the area to which the area application relates;

• (b) a statement explaining why this area is considered appropriate to be designated as a neighbourhood area; and

• (c) a statement that the organisation or body making the area application is a relevant body for the purposes of section 61G of the 1990 Act.

• (2) A local planning authority may decline to consider an area application if the relevant body has already made an area application and a decision has not yet been made on that application.

Publicising an area application

6

As soon as possible after receiving an area application from a relevant body, a local planning authority must publicise the following on their website and in such other manner as they consider is likely to bring the area application to the attention of people who live, work or carry on business in the area to which the area application relates—

• (a) a copy of the area application;

• (b) details of how to make representations; and

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

Publicising a designation of a neighbourhood area etc

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• (1) As soon as possible after designating a neighbourhood area, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the designation to the attention of people who live, work or carry on business in the neighbourhood area—

• (a) the name of the neighbourhood area;

• (b) a map which identifies the area; and

• (c) the name of the relevant body who applied for the designation.

• (2) As soon as possible after deciding to refuse to designate a neighbourhood area, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the refusal to the attention of people who live, work or carry on business in the neighbourhood area —

• (a) a document setting out the decision and a statement of their reasons for making that decision (“the decision document”); and

• (b) details of where and when the decision document may be inspected.

PART 3 — Neighbourhood forums

Application for designation of a neighbourhood forum

8

Where an organisation or body submits a neighbourhood forum application to the local planning authority it must include—

• (a) the name of the proposed neighbourhood forum;

• (b) a copy of the written constitution of the proposed neighbourhood forum;

• (c) the name of the neighbourhood area to which the application relates and a map which identifies the area;

• (d) the contact details of at least one member of the proposed neighbourhood forum to be made public under regulations 9 and 10; and

• (e) a statement which explains how the proposed neighbourhood forum meets the conditions contained in section 61F(5) of the 1990 Act.

Publicising a neighbourhood forum application

9

As soon as possible after receiving a neighbourhood forum application, which the local planning authority do not decline to consider under regulation 11, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the application to the attention of people who live, work or carry on business in the area to which the application relates—

• (a) a copy of the application;

• (b) a statement that if a designation is made no other organisation or body may be designated for that neighbourhood area until that designation expires or is withdrawn;

• (c) details of how to make representations; and

• (d) the date by which those representations must be received, being not less than 6 weeks from the date on which the application is first publicised.

Publicising a designation of a neighbourhood forum

10

• (1) As soon as possible after designating a neighbourhood forum, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the designation to the attention of people who live, work or carry on business in the neighbourhood area—

• (a) the name of the neighbourhood forum;

• (b) a copy of the written constitution of the neighbourhood forum;

• (c) the name of the neighbourhood area to which the designation relates; and

• (d) contact details for at least one member of the neighbourhood forum.

• (2) As soon as possible after deciding to refuse to designate a neighbourhood forum, a local planning authority must publish the following 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—

• (a) a statement setting out the decision and their reasons for making that decision (“the refusal statement”); and

• (b) details of where and when the refusal statement may be inspected.

Subsequent applications

11

Where a neighbourhood forum has been designated in relation to a neighbourhood area under section 61F of the 1990 Act, and that designation has not expired or been withdrawn, a local planning authority may decline to consider any neighbourhood forum application made in relation to that neighbourhood area.

Voluntary withdrawal of designation

12

• (1) Where a neighbourhood forum gives notice to a local planning authority that it no longer wishes to be designated as the neighbourhood forum for a neighbourhood area, the local planning authority must withdraw the designation of the neighbourhood forum.

• (2) As soon as possible after withdrawing the designation of a neighbourhood forum under paragraph (1) or under section 61F(9) of the 1990 Act, a local planning authority must publish the following on their website and in such other manner as they consider is likely to bring the withdrawal of the designation to the attention of people who live, work or carry on business in the neighbourhood area—

• (a) a statement setting out details of the withdrawal (“the withdrawal statement”); and

• (b) details of where and when the withdrawal statement may be inspected.

PART 4 — Community right to build organisations

Prescribed conditions for community right to build organisations

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• (1) For the purposes of paragraph 3(1)(b) of Schedule 4C to the 1990 Act, the following additional conditions are prescribed for any community organisation which is not a parish council—

• (a) individuals who live or work in the particular area for which the community organisation is established (“the particular area”) must be entitled to become voting members of the community organisation (whether or not others can also become voting members); and

• (b) the constitution of the community organisation must—

• (i) provide that taken together the individuals who live in the particular area—

• (aa) hold the majority of the voting rights; and

• (bb) have the majority on the board of directors or governing body,

of the community organisation;

• (ii) include a statement—

• (aa) that the community organisation will carry on its activities for the benefit of the community in the particular area or a section of it; and

• (bb) indicating how it is proposed the community organisation's activities will benefit the community in the particular area (or a section of it);

• (iii) provide that any assets of the community organisation may not be disposed of, improved or developed except in a manner which the community organisation consider benefits the community in the particular area or a section of it; and

• (iv) provide that any profits from its activities may only be used to benefit the community in the particular area or a section of it (the payment of profits directly to members or directors is not to be considered a benefit to the community in the particular area or a section of it);

• (v) provide that in the event of the winding up of the community organisation or in any other circumstances where the community organisation ceases to exist, its assets must be transferred to another body corporate which has similar objectives; and

• (vi) provide that the organisation has at least 10 members, living in different dwellings to each other, who live in the particular area.

• (2) For the purposes of this regulation, “dwelling” has the meaning given in section 3 of the Local Government Finance Act 1992 .

PART 5 — Neighbourhood development plans

Pre-submission consultation and publicity

14

Before submitting a plan proposal or 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 or modification proposal;

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

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

• (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; and

• (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 or modification proposal; and

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

Plan proposals

15

• (1) Where a qualifying body submits a plan proposal or 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 or neighbourhood development plan as proposed to be modified relates;

• (b) a consultation statement;

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

• (d) a statement explaining how the proposed neighbourhood development plan or neighbourhood development plan as proposed to be modified meets the requirements of paragraph 8 of Schedule 4B to the 1990 Act or 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 ...

• (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 or 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;and

• (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 or 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 or neighbourhood development plan as proposed to be modified.

Publicising a plan proposal

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As soon as possible after receiving a plan proposal or a modification proposal which includes each of the documents referred to in regulation 15(1), a local planning authority must—