The Neighbourhood Planning (General) Regulations 2012

Regulation 3

SCHEDULE 1Consultation Bodies

Neighbourhood development plans

1.  For the purposes of regulations 14 and 16, a “consultation body” means—

(a)where the local planning authority is a London borough council, the Mayor of London;

(b)a local planning authority, county council or parish council any part of whose area is in or adjoins the area of the local planning authority;

(c)the Coal Authority(1);

(d)the Homes and Communities Agency(2);

(e)Natural England(3);

(f)the Environment Agency(4);

(g)the Historic Buildings and Monuments Commission for England (known as English Heritage)(5);

(h)Network Rail Infrastructure Limited (company number 2904587);

(i)the Highways Agency;

(j)the Marine Management Organisation(6);

(k)any person—

(i)to whom the electronic communications code applies by virtue of a direction given under section 106(3)(a) of the Communications Act 2003; and

(ii)who owns or controls electronic communications apparatus situated in any part of the area of the local planning authority;

(l)where it exercises functions in any part of the neighbourhood area—

(i)a Primary Care Trust established under section 18 of the National Health Service Act 2006(7) or continued in existence by virtue of that section;

(ii)a person to whom a licence has been granted under section 6(1)(b) and (c) of the Electricity Act 1989(8);

(iii)a person to whom a licence has been granted under section 7(2) of the Gas Act 1986(9);

(iv)a sewerage undertaker; and

(v)a water undertaker;

(m)voluntary bodies some or all of whose activities benefit all or any part of the neighbourhood area;

(n)bodies which represent the interests of different racial, ethnic or national groups in the neighbourhood area;

(o)bodies which represent the interests of different religious groups in the neighbourhood area;

(p)bodies which represent the interests of persons carrying on business in the neighbourhood area; and

(q)bodies which represent the interests of disabled persons in the neighbourhood area.

Neighbourhood development orders and community right to build orders

2.—(1) For the purposes of regulations 21 and 23, a “consultation body” means—

(a)any person referred to in paragraph 1(k) and (l);

(b)where the neighbourhood area to which the neighbourhood development order or community right to build order relates consists of or includes the whole or any part of the area of a parish council, that parish council;

(c)any parish council or, in the case of a neighbourhood development order (but not a community right to build order), a neighbourhood forum for an area which adjoins the neighbourhood area; and

(d)where the development to be authorised under the proposed neighbourhood development order or community right to build order falls within any category set out in the following Table, the person mentioned in the Table in relation to each of those categories.

(2) In the above Table—

(a)in paragraphs (c) and (d) “aerodrome” means any area of land or water designed, equipped, set apart, commonly used or in prospective use for affording facilities for the landing and departure of aircraft and includes any area of space, whether on the ground, on the roof of a building or elsewhere, which is designed, equipped or set apart for affording facilities for the landing or departure of aircraft capable of descending or climbing vertically, particulars of which have been furnished by the Civil Aviation Authority or the Secretary of State to the local planning authority or authorities for the area in which it is situated;

(b)in paragraph (c) “technical site” means any area within which is sited or is proposed to be sited equipment operated by or on behalf of NATS Holdings Limited, any of its subsidiaries or such other person who holds a licence under Chapter 1 of Part 1 of the Transport Act 2000(10) for the provision of air traffic services, particulars of which have been furnished by the Civil Aviation Authority to the planning authority or authorities for the area in which it is situated;

(c)in paragraph (d) “technical site” means any area within which is sited or is proposed to be sited equipment operated by or on behalf of the Secretary of State for Defence for the provision of air traffic services, particulars of which have been furnished by the Secretary of State for Defence to the planning authority or authorities for the area in which it is situated; and

(d)in paragraph (g) “trunk road” and “special road” have the meanings given in section 329 of the Highways Act 1980(11).