Localism Act 2011

Section 121

SCHEDULE 12 E+W Neighbourhood planning: consequential amendments

Town and Country Planning Act 1990 E+W

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

Commencement Information

I1 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I2 Sch. 12 para. 1 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I3 Sch. 12 para. 1 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I4 Sch. 12 para. 1 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I5 Sch. 12 para. 1 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

2 E+W In section 56(3) (time when development begun)—

(a) after “sections” insert “ 61L(5) and (7), ”, and

(b) for “and 94” substitute “ , 94 and 108(3E)(c)(i) ”.

Commencement Information

I6 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I7 Sch. 12 para. 2 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I8 Sch. 12 para. 2 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I9 Sch. 12 para. 2 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I10 Sch. 12 para. 2 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

3 E+W In section 57(3) (extent of permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I11 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I12 Sch. 12 para. 3 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I13 Sch. 12 para. 3 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I14 Sch. 12 para. 3 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I15 Sch. 12 para. 3 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

4 E+W In section 58(1)(a) (grant of planning permission by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I16 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I17 Sch. 12 para. 4 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I18 Sch. 12 para. 4 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I19 Sch. 12 para. 4 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I20 Sch. 12 para. 4 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

5 E+W In section 62 (applications for planning permission), after subsection (2) insert—

“(2A) In subsections (1) and (2) references to applications for planning permission include references to applications for approval under section 61L(2).”

Commencement Information

I21 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I22 Sch. 12 para. 5 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I23 Sch. 12 para. 5 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I24 Sch. 12 para. 5 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I25 Sch. 12 para. 5 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

6 E+W In section 65 (notice etc of applications for planning permission), after subsection (3) insert—

“(3A) In subsections (1) and (3) references to any application for planning permission or any applicant for such permission include references to any application for approval under section 61L(2) or any applicant for such approval.”

Commencement Information

I26 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I27 Sch. 12 para. 6 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I28 Sch. 12 para. 6 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I29 Sch. 12 para. 6 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I30 Sch. 12 para. 6 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

7 (1) Section 69 (register of applications etc) is amended as follows. E+W

(2) In subsection (1), after paragraph (c) insert—

“(ca) neighbourhood planning matters;”.

(3) In subsection (2)(b), after “order” insert “ , neighbourhood planning matter ”.

(4) After subsection (2) insert—

“(2A) For the purposes of subsections (1) and (2) “neighbourhood planning matters” means—

(a) neighbourhood development orders;

(b) neighbourhood development plans (made under section 38A of the Planning and Compulsory Purchase Act 2004); and

(c) proposals for such orders or plans.”

Commencement Information

I31 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I32 Sch. 12 para. 7 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I33 Sch. 12 para. 7 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I34 Sch. 12 para. 7 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I35 Sch. 12 para. 7 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

8 (1) Section 71 (consultations in connection with determinations under s.70) is amended as follows. E+W

(2) After subsection (2) insert—

“(2ZA) In subsections (1) and (2) references to an application for planning permission include references to an application for approval under section 61L(2).”

(3) After subsection (3) insert—

“(3A) Subsection (3) does not apply in relation to planning permission granted by a neighbourhood development order.”

Commencement Information

I36 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I37 Sch. 12 para. 8 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I38 Sch. 12 para. 8 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I39 Sch. 12 para. 8 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I40 Sch. 12 para. 8 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

9 E+W In section 74 (directions etc as to method of dealing with applications), after subsection (1) insert—

“(1ZA) In subsection (1)—

(a) in paragraph (c) the reference to planning permission for any development includes a reference to an approval under section 61L(2), and

(b) in paragraph (f) references to applications for planning permission include references to applications for approvals under section 61L(2).”

Commencement Information

I41 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I42 Sch. 12 para. 9 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I43 Sch. 12 para. 9 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I44 Sch. 12 para. 9 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I45 Sch. 12 para. 9 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

10 E+W In section 77(1) (certain applications to be referred to the Secretary of State), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I46 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I47 Sch. 12 para. 10 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I48 Sch. 12 para. 10 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I49 Sch. 12 para. 10 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I50 Sch. 12 para. 10 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

11 E+W In section 78(1)(c) (right of appeal in relation to certain planning directions), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I51 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I52 Sch. 12 para. 11 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I53 Sch. 12 para. 11 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I54 Sch. 12 para. 11 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I55 Sch. 12 para. 11 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

12 E+W In section 88(9) (grant of planning permission in enterprise zone), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I56 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I57 Sch. 12 para. 12 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I58 Sch. 12 para. 12 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I59 Sch. 12 para. 12 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I60 Sch. 12 para. 12 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

13 E+W In section 91(4)(a) (no limit to duration of planning permission granted by development order), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I61 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I62 Sch. 12 para. 13 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I63 Sch. 12 para. 13 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I64 Sch. 12 para. 13 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I65 Sch. 12 para. 13 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

14 E+W In section 94(1) (termination of planning permission by reference to time limit: completion notices), at the end of paragraph (c) insert “; or

(d) a planning permission under a neighbourhood development order is subject to a condition that the development to which the permission relates must be begun before the expiration of a particular period, that development has been begun within that period, but that period has elapsed without the development having been completed.”

Commencement Information

I66 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I67 Sch. 12 para. 14 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I68 Sch. 12 para. 14 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I69 Sch. 12 para. 14 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I70 Sch. 12 para. 14 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

15 (1) Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”, and

(b) in the words after paragraph (b), for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.

(3) In subsection (2), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

(4) In subsection (3B), at the end insert—

“(c) in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.”

(5) After subsection (3D) insert—

“(3E) The condition referred to in subsection (3B)(c) is that—

(a) the planning permission is withdrawn by the revocation of the neighbourhood development order,

(b) notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

(c) either—

(i) the development authorised by the neighbourhood development order had not begun before the notice was published, or

(ii) section 61L(7) applies in relation to the development.”

(6) In the title, for “or a local development order” substitute “ , local development order or neighbourhood development order ”.

Commencement Information

I71 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I72 Sch. 12 para. 15 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I73 Sch. 12 para. 15 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I74 Sch. 12 para. 15 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I75 Sch. 12 para. 15 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

16 E+W In section 109(6) (apportionment of compensation for depreciation), in the definition of “relevant planning permission”, for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.

Commencement Information

I76 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I77 Sch. 12 para. 16 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I78 Sch. 12 para. 16 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I79 Sch. 12 para. 16 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I80 Sch. 12 para. 16 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

17 E+W In section 171H(1)(a) (temporary stop notice: compensation), for “a development order or local development order” substitute “ by a development order, a local development order or a neighbourhood development order ”.

Commencement Information

I81 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I82 Sch. 12 para. 17 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I83 Sch. 12 para. 17 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I84 Sch. 12 para. 17 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I85 Sch. 12 para. 17 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

18 E+W In section 197 (planning permission to include appropriate provision for preservation and planting of trees), at the end insert—

“Nothing in this section applies in relation to neighbourhood development orders.”

Commencement Information

I86 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I87 Sch. 12 para. 18 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I88 Sch. 12 para. 18 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I89 Sch. 12 para. 18 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I90 Sch. 12 para. 18 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

19 E+W In section 253(2)(c) (cases in which certain procedures may be carried out in anticipation of planning permission), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

Commencement Information

I91 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I92 Sch. 12 para. 19 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I93 Sch. 12 para. 19 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I94 Sch. 12 para. 19 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I95 Sch. 12 para. 19 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

20 E+W In section 264(5) (land treated not as operational land)—

(a) in paragraph (b), omit “or a local development order”, and

(b) after paragraph (c) (but before the “or” at the end of the paragraph) insert—

“(ca) granted by a local development order or a neighbourhood development order;”.

Commencement Information

I96 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I97 Sch. 12 para. 20 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I98 Sch. 12 para. 20 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I99 Sch. 12 para. 20 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I100 Sch. 12 para. 20 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

21 (1) Section 324 (rights of entry) is amended as follows. E+W

(2) In subsection (1), after paragraph (a) insert—

“(aa) the preparation, making, modification or revocation of a neighbourhood development plan under Part 3 of that Act;”.

(3) After that subsection insert—

“(1A) For the purposes of subsection (1)(c) the reference to a proposal by the local planning authority to make any order under Part 3 includes a reference to a proposal submitted (or to be submitted) to the authority for the making by them of a neighbourhood development order.”

Commencement Information

I101 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I102 Sch. 12 para. 21 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I103 Sch. 12 para. 21 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I104 Sch. 12 para. 21 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I105 Sch. 12 para. 21 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

22 (1) Section 333 (regulations and orders) is amended as follows. E+W

(2) In subsection (3) (regulations to be subject to annulment) after “except regulations under section 88” insert “ or paragraph 15(5) or 16 of Schedule 4B ”.

(3) After that subsection insert—

“(3A) No regulations may be made under paragraph 15(5) or 16 of Schedule 4B unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”

Commencement Information

I106 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I107 Sch. 12 para. 22 in force at 15.1.2012 in so far as not already in force by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

23 E+W In paragraph 1A of Schedule 13 (blighted land: land allocated for public authority functions in development plans etc)—

(a) after “for the area in which the land is situated” insert “ or by a neighbourhood development plan for the area in which the land is situated ”,

(b) after Note (2) insert—

“(2A) For the purposes of this paragraph a neighbourhood development plan includes a draft of a neighbourhood development plan which has been submitted for examination under paragraph 7(2) of Schedule 4B (as applied by section 38A(3) of the 2004 Act).”, and

(c) after Note (5) insert—

“(6) Note (2A) does not apply if the proposal for the draft plan is withdrawn under paragraph 2 of Schedule 4B (as applied by section 38A(3) of the 2004 Act) at any time after the draft plan has been submitted for examination.”

Commencement Information

I108 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I109 Sch. 12 para. 23 in force at 15.1.2012 for specified purposes by S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, arts. 9-11)

I110 Sch. 12 para. 23 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I111 Sch. 12 para. 23 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I112 Sch. 12 para. 23 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

Planning (Listed Buildings and Conservation Areas) Act 1990 E+W

24 E+W The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

Commencement Information

I113 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I114 Sch. 12 para. 24 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I115 Sch. 12 para. 24 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I116 Sch. 12 para. 24 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

25 E+W In section 66 (general duty as respects listed buildings in exercise of planning functions), at the end insert—

“(4) Nothing in this section applies in relation to neighbourhood development orders.”

Commencement Information

I117 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I118 Sch. 12 para. 25 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I119 Sch. 12 para. 25 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I120 Sch. 12 para. 25 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

26 E+W In section 72 (general duty as respects conservation areas in exercise of planning functions), at the end insert—

“(4) Nothing in this section applies in relation to neighbourhood development orders.”

Commencement Information

I121 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I122 Sch. 12 para. 26 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I123 Sch. 12 para. 26 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I124 Sch. 12 para. 26 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

Planning and Compulsory Purchase Act 2004 E+W

27 E+W The Planning and Compulsory Purchase Act 2004 is amended as follows.

Commencement Information

I125 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I126 Sch. 12 para. 27 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I127 Sch. 12 para. 27 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I128 Sch. 12 para. 27 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

28 E+W In section 18 (statement of community involvement), after subsection (2) insert—

“(2A) The reference in subsection (2) to functions under Part 3 of the principal Act does not include functions under any provision of that Act relating to neighbourhood development orders (including any function under any of sections 61F to 61H of that Act).”

Commencement Information

I129 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I130 Sch. 12 para. 28 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I131 Sch. 12 para. 28 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I132 Sch. 12 para. 28 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

29 E+W In section 40(2) (local development orders), omit paragraphs (b) to (k).

Commencement Information

I133 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I134 Sch. 12 para. 29 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I135 Sch. 12 para. 29 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I136 Sch. 12 para. 29 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

30 E+W In section 116(2)(b) (Isles of Scilly), after “Part 2” insert “ or 3 ”.

Commencement Information

I137 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I138 Sch. 12 para. 30 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I139 Sch. 12 para. 30 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I140 Sch. 12 para. 30 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2

Housing and Regeneration Act 2008 E+W

31 E+W In section 13(5) of the Housing and Regeneration Act 2008 (power of Secretary of State to make designation orders)—

(a) in paragraph (a) of the definition of “local planning authority”, after “Part 2” insert “ or 3 ”, and

(b) in paragraph (c) of the definition of “permitted purposes”, after “Part 2” insert “ or 3 ”.

Commencement Information

I141 Sch. 12 in force at Royal Assent for specified purposes see s. 240(5)(j)

I142 Sch. 12 para. 31 in force at 6.4.2012 for specified purposes by S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)

I143 Sch. 12 para. 31 in force at 3.8.2012 for specified purposes by S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)

I144 Sch. 12 para. 31 in force at 6.4.2013 in so far as not already in force by S.I. 2013/797, arts. 1(2), 2