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Planning and Compulsory Purchase Act 2004

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Planning and Compulsory Purchase Act 2004, Section 38C is up to date with all changes known to be in force on or before 21 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 38C:

  • specified provision(s) amendment to earlier commencing SI 2006/1061 art. 4 by S.I. 2010/321 art. 3
  • specified provision(s) amendment to earlier commencing SI 2007/1369 art. 3 by S.I. 2010/321 art. 4

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F138CSupplementary provisionsE+W

This section has no associated Explanatory Notes

(1)The following provisions of the principal Act are to apply in relation to neighbourhood development plans.

(2)The provisions to be applied are—

(a)section 61F (authorisation to act in relation to neighbourhood areas),

(b)section 61I(2) and (3) (neighbourhood areas in areas of two or more local planning authorities),

(c)section 61M (revocation or modification of neighbourhood development orders),

(d)section 61N (legal challenges),

(e)section 61O (guidance), and

(f)section 61P (provision as to the making of certain decisions by local planning authorities).

[F2(2A)Section 61F of the principal Act is to apply in accordance with subsection (2) of this section as if—

(a)subsections (8)(a) and (8B) also referred to a proposal for the modification of a neighbourhood development plan,

(b)subsection (13)(b) also referred to a proposal for the modification of a neighbourhood development plan made by a neighbourhood forum, and

(c)subsection (13)(c) also referred to any duty of a local planning authority under paragraph 7, 8 or 9 of Schedule A2 to this Act.]

(3)Section 61M of the principal Act is to apply in accordance with subsection (2) of this section as if

[F3(a)]the words “by order” (wherever occurring) were omitted[F4, and

(b)the reference in subsection (4A) to a modification materially affecting any planning permission granted by the order were to a modification materially affecting the policies in the plan.]

(4)Section 61N(1) of the principal Act is to apply in accordance with subsection (2) of this section as if the reference to section 61E(4) or (8) of that Act were a reference to section 38A(4) or (6) of this Act.

(5)Schedule 4B to the principal Act is to apply in accordance with 38A(3) of this Act with the following modifications—

(a)the reference to section 61E(8) of the principal Act is to be read as a reference to section 38A(6) of this Act,

(b)references to the provision made by or under sections 61E(2), 61J and 61L of the principal Act are to be read as references to the provision made by or under sections 38A and 38B of this Act,

(c)references to section 61L(2)(b) or (5) of the principal Act are to be disregarded, and

(d)paragraph 8 is to have effect as if sub-paragraphs (2)(b) and (c) and (3) to (5) were omitted.

[F5(5A)Section 61G(6D) of the principal Act is to apply in relation to neighbourhood development plans as if it also provided that a modification under section 61G(6) of that Act of a designation of a neighbourhood area does not affect the continuation in force of a neighbourhood development plan even though, as a result of the modification, more than one plan has effect for the same area.]

(6)Regulations under section 61G(11) of the principal Act (designation of areas as neighbourhood areas) may include provision about the consequences of the modification of designations

[F6(a)]on proposals for neighbourhood development plans, or on neighbourhood development plans, that have already been made[F7, or

(b)on proposals for the modification of neighbourhood development plans, or on modifications of neighbourhood development plans, that have already been made.]

(7)The fact that the list of applied provisions includes section 61N(2) and (3) of the principal Act is not to affect the operation of section 20(2) of the Interpretation Act 1978 in relation to other references to enactments applied in accordance with this section.]

Textual Amendments

F1Ss. 38A-38C inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), ss., 240(5)(j), Sch. 9 para. 7; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts. 1(2), 2

F2S. 38C(2A) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(7), 46(3); S.I. 2018/38, reg. 3(b)

F3Words in s. 38C(3) renumbered as s. 38C(3)(a) (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(8)(a), 46(3); S.I. 2018/38, reg. 3(b)

F4S. 38C(3)(b) and word inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(8)(b), 46(3); S.I. 2018/38, reg. 3(b)

F6Words in s. 38C(6) renumbered as s. 38C(6)(a) (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(9)(a), 46(3); S.I. 2018/38, reg. 3(b)

F7S. 38C(6)(b) and word inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 4(9)(b), 46(3); S.I. 2018/38, reg. 3(b)

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