Moved by
Lord Bourne of Aberystwyth
3: Clause 1, page 1, line 22, at end insert —
“(c) an examiner has recommended under paragraph 13(2)(a) of Schedule A2 to the Planning and Compulsory Purchase Act 2004 (examination of modified plan) that a local planning authority should make the draft plan, or
(d) an examiner has recommended under paragraph 13(2)(b) of that Schedule that a local planning authority should make the draft plan with modifications.
(3BA) In the application of subsection (2)(aza) in relation to a post- examination draft neighbourhood development plan within subsection (3B)(d), the local planning authority must take the plan into account as it would be if modified in accordance with the recommendations.”
4: Clause 1, page 1, line 22, at end insert—
“(3BB) A draft neighbourhood development plan within subsection (3B)(a) or (b) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if—
(a) section 38A(4)(a)(duty to make plan) or (6)(cases in which duty does not apply) of the Planning and Compulsory Purchase Act 2004 applies in relation to the plan,
(b) section 38A(5)(power to make plan) of that Act applies in relation to the plan and the plan is made by the local planning authority,
(c) section 38A(5) of that Act applies in relation to the plan and the local planning authority decide not to make the plan,
(d) a single referendum is held on the plan and half or fewer of those voting in the referendum vote in favour of the plan, or
(e) two referendums are held on the plan and half or fewer of those voting in each of the referendums vote in favour of the plan.
(3BC) A draft neighbourhood development plan within subsection (3B)(c) or (d) ceases to be a post-examination draft neighbourhood development plan for the purposes of subsection (2)(aza) if—
(a) the local planning authority make the draft plan (with or without modifications), or
(b) the local planning authority decide not to make the draft plan.”