Moved by
Baroness Parminter
Leave out from “House” to end and insert “do insist on its disagreement with the Commons in their Amendment 97A, do not insist on its Amendment 97B, and do propose Amendment 97D in lieu of Amendment 97A—
97D: After Clause 140, insert the following new Clause—
“Neighbourhood right to be heard
(1) After section 75ZA of the Town and Country Planning Act 1990 (inserted by section 140 above) insert—
“75ZB Responsibilities of decision-makers in respect of neighbourhood development plans in the exercise of planning functions
(1) For the purposes of this section—
(a) an “emerging” neighbourhood development plan means a neighbourhood development plan that has been examined, is being examined, or is due to be examined, having met the public consultation requirements necessary to proceed to this stage, and
(b) a “neighbourhood planning body” means a town or parish council or neighbourhood forum, as defined in section 61F of the 1990 Act (authorisation to act in relation to neighbourhood areas).
(2) In considering whether to grant planning permission or permission in principle for development which affects land all or part of which is included within the area covered by a made or emerging neighbourhood development plan, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the policies and proposals of that neighbourhood development plan.
(3) A planning authority must, before determining an application for planning permission or permission in principle, give any neighbourhood planning body whose made or emerging neighbourhood development plan includes all or part of the area of land to which the application relates, a period of 21 days, from the date of receipt of the application by the neighbourhood planning body, within which to make recommendations about the manner in which the application should be determined; and must take any such recommendations into account.
(4) Where a planning authority does not propose to refuse an application for planning permission or permission in principle where a neighbourhood planning body has recommended, under subsection (3), that permission be refused, the planning authority shall not grant planning permission until it has consulted the Secretary of State following the procedures set out in provisions 10 to 12 of the Town & Country Planning (Consultation) (England) Direction 2009.”””