significant effects on a European site or European Regulations) offshore marine site, or the Environmental Assessment 2012. i.e of Plans and Programmes Regulations 2004 Regs 102 and 102A Reasons for a The LPA can decline to consider a plan proposal if it is 1990 Act N/A N/A LPA a repeat, and notify the body of that fact and their Schedule 4B declining to reasons for declining. para 5 consider the And Regulation proposal for 18 the NDP Criteria that The LPA must consider: 1990 Act Yes the LPA must 1. whether the parish council is authorised to Schedule 1. Yes see area application above – consider when act 4B para 6 2. Yes see Receipt of Draft NDP by – ‘ assessing a 2. whether the proposal and accompanying documents LPA’ above neighbourhood a. comply with the rules for submission to the LPA b. Plan meets definition (See above) plan b. meet the of an NDP’ and c. Plan meets Scope of provisions (see ‘definition c. meet the of NDP provisions’, and 38 A and B above) 3. whether the parish council has undertaken 3. See pre-submission consultation - - the correct procedures in relation to consultation and Basic Conditions Statement and publicity Consultation Statement submitted The LPA can refuse to take forward a plan proposal if 1990 Act N/A N/A LPA decision grounds for any of the criteria above do not apply Schedule refusal 4B Para 6 (4) (b) Notification of The LPA must notify the parish council whether or 1990 Act To be undertaken after Portfolio Holder the LPA’s not they are satisfied that the proposal complies with Schedule Decision decision the criteria for a neighbourhood plan. Where it is not 4B para 6 (4) satisfied the LPA can refuse and must notify them of Regulation 19. the reasons. It must also publicise its decision in a ‘decision Publicising the The LPA is required to publicise on its website : Regulation 16 To be undertaken after Portfolio Holder NDP Proposal 1. the details of the plan, Decision 2. and when it can be inspected,
significant effects on a European site or European offshore marine site, or the Environmental Assessment of Plans and Programmes Regulations 2004 Regulations) 2012. i.e Regs 102 and 102A Reasons for a LPA declining to consider the proposal for the NDP The LPA can decline to consider a plan proposal if it is a repeat, and notify the body of that fact and their reasons for declining. 1990 Act Schedule 4B para 5 And Regulation 18 N/A N/A Criteria that the LPA must consider when assessing a neighbourhood plan The LPA must consider: 1. whether the parish council is authorised to act 2. whether the proposal and accompanying documents a. comply with the rules for submission to the LPA b. meet the ‘definition of an NDP’ and c. meet the of NDP provisions’, and 3. whether the parish council has undertaken the correct procedures in relation to consultation and publicity 1990 Act Schedule 4B para 6 38 A and B 1. Yes – see area application above 2. Yes – see ‘ Receipt of Draft NDP by LPA’ above b. Plan meets definition (See above) c. Plan meets Scope of provisions (see above) 3. See pre-submission consultation - - Basic Conditions Statement and Consultation Statement submitted Yes LPA decision grounds for refusal The LPA can refuse to take forward a plan proposal if any of the criteria above do not apply 1990 Act Schedule 4B Para 6 (4) (b) N/A N/A Notification of the LPA’s decision The LPA must notify the parish council whether or not they are satisfied that the proposal complies with the criteria for a neighbourhood plan. Where it is not satisfied the LPA can refuse and must notify them of the reasons. It must also publicise its decision in a ‘decision 1990 Act Schedule 4B para 6 (4) Regulation 19. To be undertaken after Portfolio Holder Decision Publicising the NDP Proposal The LPA is required to publicise on its website : 1. the details of the plan, 2. and when it can be inspected, Regulation 16 To be undertaken after Portfolio Holder Decision
app1-bude-stratton-neighbourhood-development-plan-legal-compliance-check.docx