Yes, but not for neighbourhood forums, I think. It does not make any difference to parish councils but for neighbourhood forums it becomes automatic.
In relation to a point made by the noble Lord, Lord Shipley, about modification and the impact of that, as set out in Clause 3(2), it is not a particularly strange sort of provision to say,
“does not materially affect any planning permission granted by the order”.
The important point is that this will mean that anything other than something that is minor will materially affect planning permission. I am happy to put that on the record if that is helpful but that is the importance there. Obviously that would be justiciable. If it is immaterial, it would not fall within that subsection.
On the matter raised by the noble Lord, Lord Beecham, the requirement for a neighbourhood planning forum to notify residents is covered under existing secondary legislation and development orders. I will get him chapter and verse of the particular provision and circulate it to noble Lords who participated in the debate. It is covered under existing legislation.
I turn to the three non-government amendments in the group, Amendments 8, 8A and 64. I shall deal first with Amendments 8 and 8A in the name of my noble friend Lady Cumberlege. I thank her for her helpful comments. On Amendment 8, the Government believe that a more proportionate way to modify neighbourhood plans is needed to incentivise communities to keep their plans up to date—this deals with some of the points I have just touched on, raised by the noble Lord, Lord Shipley. Clause 3 will achieve this by introducing two new modification procedures. The first allows a local planning authority, with the consent of the neighbourhood planning group, to make minor modifications to a neighbourhood plan or neighbourhood development order at any time, in the same way that errors can currently be corrected. These might, for example, amend the wording of supporting text to clarify the application of an existing policy, which previously would have entailed a referendum.
The second streamlined procedure could not apply where the proposed modifications to a neighbourhood plan were so significant or substantial as to change the nature of the plan the community has voted on. I understand the desire to provide clarity and reduce opportunities for ambiguity and litigation. However,
the amendment could unintentionally have the opposite effect. Whether a modification is considered under the new procedure will depend on the context of the overall plan. A modification that is significant or substantial in the context of one neighbourhood plan may not be in another.
I offer an example to assist noble Lords. The addition of sites to accommodate 50 new homes may not change the nature of a plan addressing the needs of an extensive urban area, but for a small rural village this same modification of a plan could have a much more significant and substantial effect on the plan and the local community. I welcome further discussion on any of these points and I am happy to meet with the noble Baroness and any noble Lord who would like more information on these matters, but I respectfully ask the noble Baroness not to press her amendment.
Amendment 8A, proposed by my noble friend Lady Cumberlege, concerns the more detailed procedure for modifying a neighbourhood plan that is already in force. Currently, any modifications to a neighbourhood plan or a neighbourhood development order beyond the correction of an error must go through the same process of producing a new plan, irrespective of the significance and scale of the modifications proposed. I reassure noble Lords that the procedure to which the amendment relates applies only where the proposed modification of a plan is minor. Any proposed modification cannot materially affect any policies in the neighbourhood plan or the planning permission granted by a neighbourhood development order. A local planning authority will need to have the consent of the relevant neighbourhood planning group to make such a modification. The local planning authority would also be required by Regulation 16 of the Neighbourhood Planning (General) Regulations 2012 to publicise any such modification on its website and in any other way it believes would make the local public aware of the proposal.
This is an important change as it will allow groups to, for example, amend the wording of supporting text to clarify the application of an existing policy, without the requirement to go through the same process used to produce a new plan. I hope this reassurance will convince my noble friend not to press the amendment.
On Amendment 64, I thank the noble Baroness, Lady Parminter, for her partial welcome of what we are doing with our new proposals. I thank her for raising the importance of community voices being heard in decisions about planning in their area. I also respect the points made by the noble Lord, Lord Taylor of Goss Moor. He is not in his place at present but I know he understands these issues thoroughly.
Clauses 1 and 2, which have been welcomed by the noble Baroness, together with provisions in the Housing and Planning Act 2016, the recent Written Ministerial Statement of 12 December 2016 on neighbourhood planning and the government amendments that were tabled last week address the concerns she has raised, thus, I believe, making her amendment unnecessary. First, perhaps I may confirm that it is a three-year housing supply that is needed, which was a point raised by my noble friend Lady Cumberlege.
This amendment may inadvertently send a message that those elected locally to take decisions cannot be trusted to do so without the matter being referred to central Government. That is the wrong message. However, I recognise the expertise and the intention of the noble Baroness and others who have spoken in support of her proposal. I am very happy to meet the noble Baroness between our Committee deliberations and the Report stage, and indeed any noble Lord who would like more information on these matters. However, I ask her in the meantime not to press the amendment.