Section 141 — Housing and Planning Act 2016: Making neighbourhood development orders and plans: intervention powers

Making neighbourhood development orders and plans: intervention powers 141 1 In Schedule 4B to the Town and Country Planning Act 1990, before paragraph 14 insert— Intervention powers of Secretary of State 13B 1 This paragraph applies where the qualifying body requests the Secretary of State to intervene under this paragraph and—

a the local planning authority have failed, by the applicable date prescribed under paragraph 13A, to take a decision as to whether a referendum is (or referendums are) to be held on the making of a neighbourhood development order, b a recommendation made under paragraph 10(2) is not followed by the authority, or c the authority make any modification under paragraph 12(5) that is not—

i a modification recommended under paragraph 10(2)(b),

ii a modification that the authority consider needs to be made to secure that the draft order does not breach, and is otherwise compatible with, EU obligations, iii a modification that the authority consider needs to be made to secure that the draft order is compatible with the Convention rights, or iv a modification for the purpose of correcting an error.

2 The Secretary of State may exercise functions of the local planning authority under paragraph 12(2) and (3) and—

a if satisfied that paragraph (a) or (b) of paragraph 12(4) applies, may direct the authority to make arrangements for a referendum (or referendums) to be held on the making of a neighbourhood development order;

b if not so satisfied, may direct the authority to refuse the proposal.

3 The Secretary of State may direct the authority to take the actions referred to in paragraph 12(8) and (9).

4 If by reason (wholly or partly) of new evidence or a new fact, or a different view taken by the Secretary of State as to a particular fact, the Secretary of State proposes to direct the local planning authority to act in a way that is not in accordance with what was recommended by the examiner—

a the Secretary of State may require the authority to notify prescribed persons of the proposed direction (and the reason for it) and invite representations;

b the Secretary of State may also require them to refer the issue to independent examination.

5 The order on which a referendum is (or referendums are) to be held by virtue of sub-paragraph (2)(a) is the draft order subject to such modification (if any) as the Secretary of State or the local planning authority consider appropriate.

6 The only modifications the local planning authority may make under sub-paragraph (5) are—

a modifications that the authority consider need to be made to secure that the draft order does not breach, and is otherwise compatible with, EU obligations, b modifications that the authority consider need to be made to secure that the draft order is compatible with the Convention rights, and c modifications for the purpose of correcting errors. 13C Regulations may make provision supplementing that made by paragraph 13B; and the regulations may in particular—

a prescribe the form and content of a request by the qualifying body under paragraph 13B(1) and the date by which it must be made;

b confer power on the Secretary of State to direct a local planning authority to refrain from taking any action specified in the direction that they would otherwise be required or entitled to take under paragraph 12 or 13;

c make provision under which decisions falling to be made by the Secretary of State under paragraph 13B may be made instead by a person appointed by the Secretary of State for the purpose (an “inspector”);

d prescribe matters that the Secretary of State or an inspector must take into account in making a decision;

e require a local planning authority to provide prescribed information to the Secretary of State or to an inspector;

f make provision about examinations carried out by virtue of paragraph 13B(4)(b) (including any provision of a kind mentioned in paragraph 11(2));

g make provision (in addition to that made by paragraph 13B(4)(b)) for the holding of an examination, and for the payment by a local planning authority of remuneration and expenses of the examiner;

h provide for the Secretary of State, or a local planning authority on the direction of the Secretary of State, to notify to prescribed persons and to publish—

i prescribed decisions made by the Secretary of State under paragraph 13B, ii the reasons for making those decisions, and iii other prescribed matters relating to those decisions.

2 In paragraph 14 of that Schedule (referendum), in sub-paragraph (1), after “as a result of paragraph 12(4)” insert “ or a direction under paragraph 13B(2)(a) ” .

3 In section 61N of that Act (legal challenges in relation to neighbourhood development orders), in subsection (2), before “only if” insert “ or paragraph 13B of that Schedule (intervention powers of Secretary of State) ” .