Search Legislation

Neighbourhood Planning Act 2017

Status:

This is the original version (as it was originally enacted).

5Changes to neighbourhood areas etc

This section has no associated Explanatory Notes

(1)The Town and Country Planning Act 1990 is amended in accordance with subsections (2) to (4).

(2)In section 61F (authorisation to act in relation to neighbourhood areas) after subsection (8) insert—

(8A)A designation ceases to have effect if—

(a)a new parish council is created or there is a change in the area of a parish council, and

(b)as a result, the neighbourhood area for which the neighbourhood forum is designated consists of or includes the whole or any part of the area of the parish council.

(8B)The operation of subsection (8A) does not affect the validity of any proposal for a neighbourhood development order made before the event mentioned in paragraph (a) of that subsection took place.

(3)In section 61G (meaning of “neighbourhood area”) after subsection (6) insert—

(6A)The power in subsection (6) to modify designations already made includes power—

(a)to change the boundary of an existing neighbourhood area,

(b)to replace an existing neighbourhood area with two or more separate neighbourhood areas, and

(c)to replace two or more existing neighbourhood areas with a single neighbourhood area.

(6B)A neighbourhood area created by virtue of subsection (6A)(b) may have the boundary created by splitting it from the existing area or a different boundary.

(6C)A neighbourhood area created by virtue of subsection (6A)(c) may have the boundary created by combining the existing areas or a different boundary.

(6D)A modification under subsection (6) of a designation already made does not affect the continuation in force of a neighbourhood development order even though as a result of the modification—

(a)it no longer relates to a neighbourhood area, or

(b)it relates to more than one neighbourhood area.

(4)In section 61J (provision that may be made by neighbourhood development order) after subsection (5) insert—

(5A)Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).

(5)The Planning and Compulsory Purchase Act 2004 is amended in accordance with subsections (6) to (8).

(6)In section 38A (meaning of “neighbourhood development plan”) after subsection (11A) (as inserted by section 4) insert—

(11B)Subsection (11C) applies if, as a result of a modification of a neighbourhood area under section 61G(6) of the principal Act, a neighbourhood development plan relates to more than one neighbourhood area.

(11C)The replacement of the plan by a new plan in relation to one or some of those areas does not affect the continuation in force of the plan in relation to the other area or areas.

(7)In section 38B (provision that may be made by neighbourhood development plans) after subsection (2) insert—

(2A)Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal Act (as applied by section 38C(5A) of this Act).

(8)In section 38C (supplementary provisions) after subsection (5) insert—

(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.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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