Government publishes draft Neighbourhood Plan referendum regulations

The referendums must be held on a neighbourhood development plan, a neighbourhood development order or a community right to build order. These can come into legal force and be ‘made’ by the local planning authority if passed by referendum.

The aim of neighbourhood planning is to give communities a greater say over the planning of their areas, encouraging them to become supporters of sustainable growth, the Government said.

Under the just-published Regulations the referendum must be held after the plan or order has been independently examined and approved by the local planning authority.

Under the Regulations, prescribed words are provided for the questions that must be asked in a neighbourhood planning referendum. There are three questions depending on whether the referendum relates to a neighbourhood development plan, a neighbourhood development order or a community right to build order.

When conducting a referendum for a neighbourhood plan, the local authority must ask the questions "Do you want [insert name of local planning authority] to use the neighbourhood plan for [insert name of neighbourhood area] to help it decide planning applications in the neighbourhood area?"

For a Neighbourhood Development Order, the words, "Do you want the type of development in the neighbourhood development order for [insert name of neighbourhood area] to have planning permission?" must be used, and for a Community Right to Build Order, the question "Do you want the development in the community right to build order for [insert name of neighbourhood area] to have planning permission?" must be asked at referendum.

Before a referendum is held, the local planning authority responsible for the referendum must publish a "detailed notice" of the referendum for at least 28 working days before the referendum is held.

This is "to ensure people living in the local authority’s area are aware that a referendum is due to be held, the subject matter of that referendum and that they are informed of key information relating to the referendum", the Government said.

A referendum can be held at the same time as elections under the Regulations.

The Government does not intend to issue detailed guidance on the Regulations, it said, because the Regulations are largely based upon the Local Authorities (Conduct of Referendums) (England) Regulations 2012, with which local authorities and electoral administrators are already familiar.

However, the Government is considering the need for more detailed guidance on neighbourhood planning under the Localism Act and is currently discussing with stakeholders what guidance needs to be produced, it said.