Search Legislation

Neighbourhood Planning Act 2017

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Neighbourhood Planning Act 2017, Section 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

2Notification of applications to neighbourhood planning bodiesE+W

This section has no associated Explanatory Notes

(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)before the definition of “neighbourhood forum” insert—

neighbourhood area” means an area designated as such under section 61G;, and

(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.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 2 in force for specified purposes at Royal Assent, see s. 46

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources