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Localism Bill

My Lords, we have returned somewhat to the discussion that we had on Amendment 205 at the beginning of the evening. I am happy that noble Lords still remember what was said on that amendment. At the outset I confirm what I said when responding to Amendment 205. Where there is agreement on the neighbourhood plan between the neighbourhood forum and the local council under the local development plan, a referendum does not have to take place. As long as they are all in agreement and are all working to the same end, the local authority can accept that the neighbourhood plan conforms with the local development plan and therefore does not require a referendum. Referendums need to be held where the local neighbourhood forum is putting forward a new plan which may or may not conform to a local development order or the national planning framework. Somehow it has to be confirmed that everybody would like to see what has been put forward. It is not inconceivable in the way that a plan is drawn up by a body of people that it should be tested against the people who will be affected by it. We have accepted that there ought to be real consultation with people beyond the neighbourhood forum to make sure that what is being suggested is what they want to see. That is when a referendum would be appropriate to test out their views. It is not essential. As I said, where there is broad and happy agreement between the authority and the community at large, the neighbourhood plan does not require a referendum. I understand what has been said about the costs of referendums but we covered quite a lot of the discussion in response to the proposals of the noble Lord, Lord True. I have already said that we will consider these before Third Reading. I hope that the noble Lord, Lord Best, will feel able to withdraw his amendments because they are not necessary. The situation is that either you have to have a referendum, which is very clear, or you do not need to have one, which is also reasonably clear. I shall speak to government Amendments 211, 238, 239 and 240. Government Amendment 211 requires regulations about neighbourhood planning referendums to be subject to an affirmative resolution in both Houses. Government Amendments 238, 239 and 240 give effect to that change, following the recommendations of the Delegated Powers and Regulatory Reform Committee, which we are happy to accept. The committee also recommended that the regulations on charges relating to neighbourhood planning to be made under Clause 105 should be subject to affirmative resolution by both the Commons and the Lords, instead of just the Commons. Again, we are happy to accept that recommendation. Bearing in mind what I said on Amendment 205 and what I have confirmed on Amendment 207 that you do not always have to have a referendum, I hope that the noble Lord, Lord Best, will feel able to withdraw his amendment.