I apologise if I repeat myself as I find my place again.
As I have said, this would apply only in rare cases. These cases would be when a local planning authority has failed to decide what action to take in response to the recommendations of the independent examiner or where the authority disagrees with an examiner’s
recommendations and wants to modify the plan or order proposal against the wishes of the neighbourhood planning group, unless the modifications are to ensure compliance with EU or human rights obligations, or to correct errors. We anticipate that this power would be used only in exceptional circumstances. We have been very clear that communities and local planning authorities should be working very closely on the neighbourhood plan or order proposal throughout the process. However, we are aware, as the noble Lord suggested, that in a small number of cases there have been disagreements between groups and authorities. There is currently no mechanism to resolve these disagreements. In extreme cases those disagreements have blocked the progress of a proposal by more than a year, even though it is supported by the community and has been approved by an independent examiner. We do not believe that that is an acceptable situation. Regulations would set out the procedure to be followed when a request to intervene is made and the proposals for these are also the subject of public consultation. While this power to intervene would remove some responsibility from the local level, we believe that it is necessary in the rare cases that I have outlined.
Although I fully understand the good intentions behind my noble friend Lord True’s amendment, unfortunately we believe that it would diminish the ability of the Government to meet their manifesto commitment of speeding up and simplifying the neighbourhood planning process. The amendment would unnecessarily restrict and potentially even nullify the proposed power and would mean that some plans or orders could be indefinitely blocked by an authority or amended without the support of the community. However, I can assure my noble friend that we very much support and encourage local planning authorities such as Richmond-upon-Thames, which works proactively with communities to prepare other types of community plans. Indeed I congratulate Richmond-upon-Thames on taking such a comprehensive approach to delivering community-led planning through its series of village plans.
Neighbourhood plans are a powerful tool, because they become part of the statutory development plan, which is the starting point for planning decisions. They are subject to two consultations and must pass an independent examination and a local referendum before becoming part of the development plan. We believe that every community that passes the independent examination stage should have the right to request that the Secretary of State intervenes if that plan is blocked by a local planning authority, or amended in a way that the examiner did not recommend. It would not be right to restrict this power where an authority has adopted in the past, or says it will be adopting in the future, other kinds of supplementary planning document, and there is no guarantee that other types of documents are up to date or have the same level of genuine support as a neighbourhood plan.
We have learned from the experience of communities undertaking neighbourhood planning and believe that the proposed new power in the Bill is already limited to the right set of very specific circumstances. Indeed, the Government have further explained, in our recently published consultation document, that the Secretary
of State will, in considering a request, consider the plan or order plans positively for local development needs, taking account of the latest evidence. Let me reassure my noble friend that the proposed power does not affect a local planning authority’s ability to progress other types of planning document where it is already working with its communities. I also assure the noble Lord that the proposed power does not enable the Secretary of State to intervene in any other stage of the neighbourhood planning process. For these reasons, I hope that noble Lords will withdraw or not move their amendments, and ask that Clauses 125, 126 and 127 stand part of the Bill.