Submission
Submission of the plan to the local planning authority.
The draft neighbourhood plan proposal must be submitted to the local planning authority. The neighbourhood plan submission must include the following:
- a map or statement, which identifies the area to which the plan relates (a map makes more sense than a statement!);
- a consultation statement (see later section on the consultation statement);
- the neighbourhood plan proposal;
- a statement on how the plan fulfils the basic conditions.
On receiving the submitted plan proposal and supporting documents, the local authority is responsible for checking that the submitted neighbourhood plan has followed the proper legal process, such as the neighbourhood area being designated and the legal requirements for consultation and publicity having been followed. The local authority is then responsible for publicising the plan, arranging for the independent examination and arranging for the referendum to take place. The publicity gives people an opportunity to make representations that will be passed to the independent examiner. The independent examiner will consider whether the proposed neighbourhood plan meets the basic conditions and other requirements set out by law. In addition, they will consider whether the voting area for the referendum should be for the neighbourhood area or a wider area (if the plan is likely to have wider impacts).
The examiner will be considering whether the plan:
- has regard to national policy;
- contributes to the achievement of sustainable development;
- is in general conformity with the adopted strategic local policies for the local area;
- is compatible with EU obligations;
- meets human rights requirements.
The examiner’s report Following the examination, the examiner will issue a report to the local authority and the neighbourhood planning body. If the plan meets the basic conditions, the examiner will recommend that the plan proceed to the referendum stage. However, they may and usually do, recommend modifications that need to be made to the plan in order to meet the basic conditions, before it can proceed to the referendum. If the plan can proceed to referendum (with or without modifications) the examiner will be required to advise the local authority on the referendum voting area. This may include people beyond the boundary of the neighbourhood area.
The local planning authority’s role
It is the responsibility of the local planning authority to ensure that the plan meets the basic conditions and to determine whether or not it proceeds to referendum, with or without modifications. The local authority is also responsible for deciding whether the voting area should be the neighbourhood area or should include other areas too (where they would be affected by the plan). If the local planning authority can make modifications to a neighbourhood plan to meet the basic conditions, so that it can proceed to referendum, then they must make those modifications. They will normally follow the independent examiner’s recommendations, but may make a different judgement. Clear reasons would need to be given, if departing from the examiner’s recommendations. Also, additional consultation would need to take place.
There are exceptional circumstances where the Secretary of State may be asked to intervene, where the local authority fails to submit a plan for referendum or departs from an examiner’s recommendations. Modifications must be discussed with the neighbourhood planning body, which has the option of withdrawing the plan if it is unhappy with the changes proposed by the local planning authority. As soon as possible after modifying the plan, the local planning authority must publicise details of the modification(s) and where they can be inspected on their website. The option for the neighbourhood planning body to withdraw the neighbourhood plan ends once the decision on modifications is publicised (Regulation 18 publicity).
In most instances, the decision on the examiner’s recommendations must be made within 5 weeks from the day following receipt of the examiner’s report. Or, the local planning authority and neighbourhood planning body may agree a date. It is the responsibility of the local authority to cover the costs of the independent examination and referendum.
You can download from the list below, the submitted documents with our final plan.
- Kilburn Neighbourhood Plan boundary map
- Basic Conditions Statement
- Consultation Statement
- Submission Letter
- Kilburn Neighbourhood Plan Proposal final
You can download the source file of the above content here (The Neighbourhood Plans Roadmap, A Step-by-Step Guide, 2018 edition)
