Moved by
Baroness Parminter
88A: After Clause 128, insert the following new Clause—
“Neighbourhood right of appeal
(1) After section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”) insert—
“78ZA Neighbourhood right of appeal
(1) Where—
(a) a planning authority grants an application for planning permission,
(b) the application does not accord with policies in an emerging or made neighbourhood plan in which the land to which the application relates is situated, and
(c) the neighbourhood plan in paragraph (b) contains proposals for the provision of housing development,
certain persons as specified in subsection (2) may by notice appeal to the Secretary of State.
(2) Persons who may by notice appeal to the Secretary of State against the approval of planning permission in the circumstances specified in subsection (1) are any parish council or neighbourhood forum, as defined in section 61F of the 1990 Act (authorisation to act in relation to neighbourhood areas), whose made or emerging neighbourhood plan includes all or part of the area of land to which the application relates, by two-thirds majority voting.
(3) In this section an “emerging” neighbourhood plan means a neighbourhood plan that—
(a) has been examined,
(b) is being examined, or
(c) is due to be examined, having met the public consultation requirements necessary to proceed to this stage.”
(2) Section 79 of the 1990 Act is amended as follows—
(a) in subsection (2), omit “either” and after “planning authority” insert “or the applicant (where different from the appellant)”;
(b) in subsection (6), after “the determination” insert “(except for appeals as defined in section 78ZA (as inserted by section (Neighbourhood right of appeal) of the Housing and Planning Act 2016) and where the appellant is as defined in subsection (2) of that section)”.”