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Neighbourhood Planning Act 2017

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This is the original version (as it was originally enacted).

Section 14

SCHEDULE 3Planning conditions: consequential amendments

This schedule has no associated Explanatory Notes

1The Town and Country Planning Act 1990 is amended as follows.

2In section 70 (determination of applications: general considerations), after subsection (3) insert—

(3A)See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (1)(a) on a grant of planning permission in relation to land in England.

3In section 72 (conditional grant of planning permission), after subsection (5) insert—

(6)See also section 100ZA, which makes provision about restrictions on the power to impose conditions by virtue of this section on a grant of planning permission in relation to land in England.

4In section 73 (determination of applications to develop land without compliance with conditions previously attached), after subsection (2) insert—

(2A)See also section 100ZA, which makes provision about restrictions on the power to impose conditions under subsection (2) on a grant of planning permission in relation to land in England.

5In section 90(3) (effect of deemed planning permission) after “except” insert “section 100ZA and”.

6In section 93 (provisions supplementary to sections 91 and 92), after subsection (4) insert—

(5)Section 100ZA(1) (power to provide for restrictions in relation to conditions or limitations that may be imposed on a grant of planning permission in relation to land in England) does not apply in the case of conditions attached to a grant of planning permission as a result of section 91(1)(a) or 92(2).

(6)But section 100ZA(1) applies to the exercise of the powers conferred by section 91(1)(b) and 92(4) and (5).

7In section 141 (action by Secretary of State in relation to purchase notice), after subsection (5) insert—

(6)Section 100ZA(1) (which confers power to provide for restrictions in relation to conditions or limitations that may be imposed on a grant of planning permission for the development of land in England) applies in relation to conditions imposed under or by virtue of subsection (2) or (3) as it applies in relation to conditions imposed on a grant of planning permission to develop land which is granted on an application made under Part 3.

8In section 177 (grant or modification of planning permission on appeals against enforcement notices), after subsection (4) insert—

(4A)Section 100ZA (which makes provision about restrictions on the power to impose conditions or limitations on a grant of planning permission in relation to land in England) applies in relation to conditions substituted under subsection (4) as it applies in relation to conditions imposed on a grant of planning permission to develop land which is granted on an application made under Part 3.

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