Neighbourhood Planning Act 2017
| Jurisdiction | England & Wales |
| Citation | 2017 c. 20 |
| Year | 2017 |
Neighbourhood Planning Act 2017
2017 Chapter 20
An Act to make provision about planning and compulsory purchase; and for connected purposes.
[27 April 2017]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Planning
Neighbourhood planning
1 Duty to have regard to post-examination neighbourhood development plan
(1) Section 70 of the Town and Country Planning Act 1990 (determination of applications for planning permission: general considerations) is amended as follows.
(2) In subsection (2) (matters to which local planning authority must have regard in dealing with applications) after paragraph (a) insert—
“(aza) a post-examination draft neighbourhood development plan, so far as material to the application,”.
(3) Before subsection (4) insert—
“(3B) For the purposes of subsection (2)(aza) (but subject to subsections (3D) and (3E)) a draft neighbourhood development plan is a “post-examination draft neighbourhood development plan” if—(a) a local planning authority have made a decision under paragraph 12(4) of Schedule 4B with the effect that a referendum or referendums are to be held on the draft plan under that Schedule,(b) the Secretary of State has directed under paragraph 13B(2)(a) of that Schedule that a referendum or referendums are to be held on the draft plan under that Schedule,(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.
(3C) 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.
(3D) 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.
(3E) 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.
(3F) The references in subsection (3B) to Schedule 4B are to that Schedule as applied to neighbourhood development plans by section 38A(3) of the Planning and Compulsory Purchase Act 2004.”
2 Notification of applications to neighbourhood planning bodies
(1) Schedule 1 to the Town and Country Planning Act 1990 (local planning authorities: distribution of functions) is amended as follows.
(2) Paragraph 8 (duty to notify parish council of planning application etc) is amended in accordance with subsections (3) to (5).
(3) After sub-paragraph (3) insert—
“(3A) Sub-paragraph (3B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if—(a) there is a relevant neighbourhood development plan for a neighbourhood area all or part of which falls within the authority’s area, and(b) a parish council are authorised to act in relation to the neighbourhood area as a result of section 61F.
(3B) The local planning authority must notify the parish council of—(a) any relevant planning application, and(b) any alteration to that application accepted by the authority.
(3C) Sub-paragraph (3B) does not apply if the parish council have notified the local planning authority in writing that they do not wish to be notified of any such application.
(3D) If the parish council have notified the local planning authority in writing that they only wish to be notified under sub-paragraph (3B) of applications of a particular description, that sub-paragraph only requires the authority to notify the council of applications of that description.
(3E) For the purposes of sub-paragraphs (3A) to (3D)—“neighbourhood area” means an area designated as such under section 61G;“relevant neighbourhood development plan” means—(a) a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3F), or(b) a neighbourhood development plan which forms part of a development plan by virtue of section 38(3) or (3A) of the Planning and Compulsory Purchase Act 2004 (plans which have been made or approved in a referendum);“relevant planning application” means an application which relates to land in the neighbourhood area and is an application for—(a) planning permission or permission in principle, or(b) approval of a matter reserved under an outline planning permission within the meaning of section 92.”
(4) In the opening words of sub-paragraph (4) for “the duty” substitute “a duty under this paragraph”.
(5) In the opening words of sub-paragraph (5) for “their duty” substitute “a duty under this paragraph”.
(6) Paragraph 8A (duty to notify neighbourhood forums) is amended in accordance with subsections (7) to (9).
(7) After sub-paragraph (1) insert—
“(1A) Sub-paragraph (1B) applies to a local planning authority who have the function of determining applications for planning permission or permission in principle if—(a) there is a relevant neighbourhood development plan for a neighbourhood area all or part of which falls within the authority’s area, and(b) a neighbourhood forum are authorised to act in relation to the neighbourhood area as a result of section 61F.
(1B) The local planning authority must notify the neighbourhood forum of—(a) any relevant planning application, and(b) any alteration to that application accepted by the authority.
(1C) Sub-paragraph (1B) does not apply if the neighbourhood forum has notified the local planning authority in writing that it does not wish to be notified of any such application.
(1D) If the neighbourhood forum has notified the local planning authority in writing that it only wishes to be notified under sub-paragraph (1B) of applications of a particular description, that sub-paragraph only requires the authority to notify the forum of applications of that description.”
(8) In sub-paragraph (2)—
(a)
(a) before the definition of “neighbourhood forum” insert—
““neighbourhood area” means an area designated as such under section 61G;”, and
(b)
(b) after the definition of “neighbourhood forum” insert—
““relevant neighbourhood development plan” means—
(a) a post-examination draft neighbourhood development plan as defined by section 70(3B) to (3F), or
(b) a neighbourhood development plan which forms part of a development plan by virtue of section 38(3) or (3A) of the Planning and Compulsory Purchase Act 2004 (development plans which have been approved in a referendum or made).”
(9) In sub-paragraph (3) for “(3) to (6)” substitute “(3) and (4) to (6)”.
(10) Section 62C of the Town and Country Planning Act 1990 (notification of parish councils of applications made to Secretary of State) is amended in accordance with subsections (11) and (12).
(11) In subsection (2) after “paragraph 8(1)” insert “or (3B)”.
(12) In subsection (3) after “Schedule 1” insert “or notifications received by the authority under paragraph 8(3C) or (3D) of that Schedule.
3 Status of approved neighbourhood development plan
In section 38 of the Planning and Compulsory Purchase Act 2004 (development plan) after subsection (3) insert—
“(3A) For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—
(a) section 38A(4)(a) (approval by referendum) applies in relation to the neighbourhood development plan, but
(b) the local planning authority to whom the proposal for the making of the plan has been made have not made the plan.
(3B) The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.”
4 Modification of neighbourhood development order or plan
(1) Section 61M of the Town and Country Planning Act 1990 (revocation or modification of neighbourhood development orders) is amended in accordance with subsections (2) and (3).
(2) After subsection (4) insert—
“(4A) A local planning authority may at any time by order modify a neighbourhood development order they have made if they...
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