Town and Country Planning Act 1990

[F1 8A (1) A local planning authority who have the function of determining applications for planning permission or permission in principle shall, if requested to do so by a neighbourhood forum for an area which (or any part of which) is situated in the authority's area, notify the neighbourhood forum of— E+W

(a) any relevant planning application; and

(b) any alteration to that application accepted by the authority.

[F2 (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.]

(2) In this paragraph—

• [F3 “neighbourhood area” means an area designated as such under section 61G;]

• “neighbourhood forum” means an organisation or body designated as such under section 61F;

• [F4 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);]

• “relevant planning application” means an application which—

  (a)

  relates to land in the area for which the neighbourhood forum is designated; and

  (b)

  is an application for—

  (i)

  planning permission or permission in principle; or

  (ii)

  approval of a matter reserved under an outline planning permission within the meaning of section 92.

(3) Sub-paragraphs [F5 (3) and (4) to (6)] of paragraph 8 have effect for the purposes of this paragraph, any reference to a parish council being read as a reference to a neighbourhood forum.]

Textual Amendments

F1 Sch. 1 para. 8A inserted (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 142, 216(3); S.I. 2016/733, reg. 4(1)(b)

F2 Sch. 1 para. 8A(1A)-(1D) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(7), 46(3); S.I. 2018/38, reg. 3(a)

F3 Words in Sch. 1 para. 8A(2) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(8)(a), 46(3); S.I. 2018/38, reg. 3(a)

F4 Words in Sch. 1 para. 8A(2) inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(8)(b), 46(3); S.I. 2018/38, reg. 3(a)

F5 Words in Sch. 1 para. 8A(3) substituted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Neighbourhood Planning Act 2017 (c. 20), ss. 2(9), 46(3); S.I. 2018/38, reg. 3(a)