SCHEDULES

SCHEDULE 12E+WNeighbourhood planning: consequential amendments

Town and Country Planning Act 1990E+W

15(1)Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”, and

(b)in the words after paragraph (b), for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.

(3)In subsection (2), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

(4)In subsection (3B), at the end insert—

(c)in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.

(5)After subsection (3D) insert—

(3E)The condition referred to in subsection (3B)(c) is that—

(a)the planning permission is withdrawn by the revocation of the neighbourhood development order,

(b)notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

(c)either—

(i)the development authorised by the neighbourhood development order had not begun before the notice was published, or

(ii)section 61L(7) applies in relation to the development.

(6)In the title, for “or a local development order” substitute , local development order or neighbourhood development order.

Commencement Information

I1Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I3Sch. 12 para. 15 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I4Sch. 12 para. 15 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I5Sch. 12 para. 15 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2