Basic conditions
Basic conditions
Before a neighbourhood plan or neighbourhood development order can go to referendum, an independent examiner has to check it meets a set of legal tests known as the basic conditions. These come from the Localism Act 2011 and the Town and Country Planning Act 1990, with significant additions made by the Levelling-up and Regeneration Act 2023, which came into force on 25 March 2026.
Conditions that apply to every neighbourhood plan and order
- Has appropriate regard to national planning policy and guidance
- Contributes to the achievement of sustainable development
- Is in general conformity with the strategic policies in the development plan for the area (for the Peak District this means the Peak District National Park Local Plan, and for areas that straddle the National Park boundary, the relevant district or borough council's own Local Plan too)
- Does not result in the development plan for the area providing less housing than it would without the neighbourhood plan or order (added 2026)
- Where the qualifying body considers it appropriate, is designed to help mitigate and adapt to climate change, and has regard to any local nature recovery strategy covering the area (added 2026)
- Meets the relevant environmental assessment requirements, now delivered through Environmental Outcomes Reports rather than the previous EU-derived Strategic Environmental Assessment regime (updated 2026)
- Is compatible with the Human Rights Act 1998
Two further conditions that apply only to neighbourhood development orders
- Preserves any listed buildings in the order area, and their setting
- Preserves or enhances the character or appearance of any conservation areas in the order area
Related requirement
Both plans and orders are also screened for their likely effect on nationally and internationally protected wildlife sites: Special Areas of Conservation, Special Protection Areas and Ramsar sites - under the The Conservation of Habitats and Species Regulations 2017. This sits alongside the basic conditions rather than being one of them, but the examiner checks it at the same stage.
Relevant legislation
The Neighbourhood Planning (General) Regulations 2012
Town and Country Planning Act 1990