Relevant Extracts from Plan Regulations

PART 2

Neighbourhood Areas
Application for designation of a neighbourhood area
5.—(1) Where a relevant body(b) 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 6 weeks
from the date on which the area application is first publicised.
(a) 1971 c.80.
(b) For the definition of “relevant body” see section 61G(2) of the 1990 Act (inserted by paragraph 2 of Schedule 9 to the
Localism Act 2011 (c.20).
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Publicising a designation of a neighbourhood area etc
7.—(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 5
Neighbourhood development plans
Pre-submission consultation and publicity
14. Before submitting a plan 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;
(ii) details of where and when the proposals for a neighbourhood development plan may
be inspected;
(iii) details of how to make representations; and
(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;
(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; and
(c) send a copy of the proposals for a neighbourhood development plan to the local planning
authority.
Plan proposals
15.—(1) Where a qualifying body submits a plan 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 relates;
(b) a consultation statement;
(a) 1992 c.14.
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(c) the proposed neighbourhood development plan; and
(d) a statement explaining how the proposed neighbourhood development plan meets the
requirements of paragraph 8 of Schedule 4B to the 1990 Act.
(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;
(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.
Publicising a plan proposal
16. As soon as possible after receiving a plan proposal which includes each of the documents
referred to in regulation 15(1), a local planning authority must—
(a) publicise the following on their website and in such other manner as they consider is
likely to bring the proposal to the attention of people who live, work or carry on business
in the neighbourhood area—
(i) details of the plan proposal;
(ii) details of where and when the plan proposal may be inspected;
(iii) details of how to make representations;
(iv) a statement that any representations may include a request to be notified of the local
planning authority’s decision under regulation 19 in relation to the neighbourhood
development plan; and
(v) the date by which those representations must be received, being not less than 6
weeks from the date on which the plan proposal is first publicised; and
(b) notify any consultation body which is referred to in the consultation statement submitted
in accordance with regulation 15, that the plan proposal has been received.
Submission of plan proposal to examination
17. As soon as possible after the appointment of a person to carry out an examination under
paragraph 7 of Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act), a local
planning authority must send the following to the person appointed—
(a) the plan proposal;
(b) the documents referred to in regulation 15(1) and any other document submitted to the
local planning authority by the qualifying body in relation to the plan proposal;
(c) if the order proposal is one to which the Conservation of Habitats and Species
Regulations 2010(a) applies, the information submitted in accordance with regulation
102A of those Regulations; and
(d) a copy of any representations which have been made in accordance with regulation 16.
Publication of the examiner’s report and plan proposal decisions
18.—(1) Paragraph (2) applies where a local planning authority decide—
(a) to decline to consider a plan proposal under paragraph 5 of Schedule 4B to the 1990 Act
(as applied by section 38A of the 2004 Act);
(a) S.I. 2010/490. Regulation 102A is inserted by Schedule 2 to these regulations.
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(b) to refuse a plan proposal under paragraph 6 of Schedule 4B to the 1990 Act (as applied
by section 38A of the 2004 Act);
(c) what action to take in response to the recommendations of an examiner made in a report
under paragraph 10 of Schedule 4B to the 1990 Act (as applied by section 38A of the
2004 Act) in relation to a neighbourhood development plan;
(d) what modifications, if any, they are to make to the draft plan under paragraph 12(6) of
Schedule 4B to the 1990 Act (as applied by section 38A of the 2004 Act);
(e) whether to extend the area to which the referendum is (or referendums are) to take place;
or
(f) that they are not satisfied with the plan proposal under paragraph 12(10) of Schedule 4B
to the 1990 Act (as applied by section 38A of the 2004 Act).
(2) As soon as possible after making a decision referred to in paragraph (1), a local planning
authority must publish—
(a) the decision and their reasons for it (“the decision statement”),
(b) details of where and when the decision statement may be inspected; and
(c) in the case of a decision mentioned in paragraph (1)(c), the report made by the examiner
under paragraph 10 of Schedule 4B to the 1990 Act (as applied by section 38A of the
2004 Act),
on their website and in such other manner as they consider is likely to bring the decision statement
and, as the case may be, the report to the attention of people who live, work or carry on business in
the neighbourhood area.
Decision on a plan proposal
19. As soon as possible after deciding to make a neighbourhood development plan under section
38A(4) of the 2004 Act or refusing to make a plan under section 38A(6) of the 2004 Act, a local
planning authority must—
(a) publish on their website and in such other manner as they consider is likely to bring the
decision to the attention of people who live, work or carry on business in the
neighbourhood area—
(i) a statement setting out the decision and their reasons for making that decision (“the
decision statement”);
(ii) details of where and when the decision statement may be inspected; and
(b) send a copy of the decision statement to—
(i) the qualifying body; and
(ii) any person who asked to be notified of the decision.
Publicising a neighbourhood development plan
20. As soon as possible after making a neighbourhood development plan under section 38A(4)
of the 2004 Act, a local planning authority must—
(a) publish on their website and in such other manner as they consider is likely to bring the
decision to the attention of people who live, work or carry on business in the
neighbourhood area—
(i) the neighbourhood development plan; and
(ii) details of where and when the neighbourhood development plan may be inspected;
and
(b) notify any person who asked to be notified of the making of the neighbourhood

development plan that it has been made and where and when it may be inspected