Search Legislation

The Neighbourhood Planning Act 2017 (Commencement No. 5) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2018 No. 567 (C. 46)

Town And Country Planning, England

The Neighbourhood Planning Act 2017 (Commencement No. 5) Regulations 2018

Made

3rd May 2018

The Secretary of State, in exercise of the powers conferred by section 46(1) and (2) of the Neighbourhood Planning Act 2017(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the Neighbourhood Planning Act 2017 (Commencement No. 5) Regulations 2018.

Interpretation

2.  In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990(2);

“the 2017 Act” means the Neighbourhood Planning Act 2017

Provisions coming into force on 1st October 2018

3.  The following provisions of the 2017 Act come into force on 1st October 2018—

(a)section 14(1) and (3) for the purpose only of commencing subsections (4) to (13) of section 100ZA of the 1990 Act; and

(b)section 14(4) for the purpose only of commencing paragraphs 1, 3, 4, 5 and 8 of Schedule 3 to the 2017 Act.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

3rd May 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations partially bring into force section 14 of the Neighbourhood Planning Act 2017 (c. 20) (“the 2017 Act”) on 1st October 2018.

Regulation 3 brings into force parts of section 100ZA of the Town and Country Planning Act 1990 (“the 1990 Act”) which were inserted by section 14 of the 2017 Act. Section 100ZA(5) provides that planning permission for the development of land may not be granted subject to a pre-commencement condition without the written agreement of the applicant to the terms of the condition. However, this requirement is subject to such exclusions as may be prescribed by the Secretary of State under section 100ZA(6).

Regulation 3 brings into force section 14(3) of the 2017 Act which provides that section 100ZA of the 1990 Act has effect in relation to conditions on a grant or modification of a planning permission only if the permission is granted or modified on or after the coming into force of that section.

Regulation 3 also brings into force those parts of Schedule 3 of the 2017 Act that make relevant consequential amendments to the 1990 Act.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Neighbourhood Planning Act 2017 are brought into operation by earlier commencement regulations:

ProvisionDate of CommencementS.I. Number
Section 119th July 20172017/767
Section 2 (remainder)31st January 20182018/38
Section 319th July 20172017/767
Section 4 (remainder)31st January 20182018/38
Section 531st January 20182018/38
Section 631st July 20182018/38
Section 8(1) and (3)16th January 20182018/38
Section 9 (remainder)16th January 20182018/38
Section 1016th January 20182018/38
Section 1119th July 20172017/767
Section 12 (remainder)19th July 20172017/767
Section 13(2)31st July 20182018/38
Section 14 (partially)19th July 20172017/767
Section 1619th July 20172017/767
Section 26(8)(b)22nd September 20172017/936
Sections 29 and 3019th July 20172017/767
Sections 32 to 3622nd September 20172017/936
Section 3719th July 20172017/767
Section 386th April 20182018/252
Section 4119th July 20172017/767
Schedule 1(remainder)31st January 20182018/38
Schedule 2 (remainder)16th January 20182018/38

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

Opening Options

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

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 made 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