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Levelling-up and Regeneration Act 2023
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Levelling-up and Regeneration Act 2023, Section 99 is up to date with all changes known to be in force on or before 22 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- Sch. 20 Pt. 1 para. 7 coming into force by S.I. 2024/1138 reg. 2(h)
Prospective
99Neighbourhood development plans and orders: basic conditionsU.K.
This section has no associated Explanatory Notes
(1)In paragraph 8(2) of Schedule 4B to TCPA 1990 (basic conditions for making neighbourhood development order or neighbourhood plan)—
(a)for paragraph (e) substitute—
“(ea)the making of the order would not have the effect of preventing development from taking place which—
(i)is proposed in the development plan for the area of the authority (or any part of that area), and
(ii)if it took place, would provide housing,”;
(b)after paragraph (f) (but before the “and” at the end of that paragraph) insert—
“(fa)any requirements imposed in relation to the order by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,”.
(2)In section 38C(5) of PCPA 2004 (neighbourhood development plans: modifications of Schedule 4B to TCPA 1990), in paragraph (d), for the words from “if” to the end substitute “if—
(i)sub-paragraphs (2)(b) and (c) were omitted,
(ii)in sub-paragraph (2), for paragraph (ea) there were substituted—
“(ea)the making of the neighbourhood development plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the neighbourhood development plan were not to be made,”, and
(iii)sub-paragraphs (3) to (5) were omitted.”
(3)In paragraph 11(2) of Schedule A2 to PCPA 2004 (modification of neighbourhood development plans: basic conditions)—
(a)for paragraph (c) substitute—
“(ca)the making of the plan would not result in the development plan for the area of the authority proposing that less housing is provided by means of development taking place in that area than if the draft plan were not to be made,”;
(b)after paragraph (d) (but before the “and” at the end of that paragraph) insert—
“(da)any requirements imposed in relation to the plan by or under Part 6 of the Levelling-up and Regeneration Act 2023 (environmental outcomes reports) have been complied with,”.
Commencement Information
I1S. 99 not in force at Royal Assent, see s. 255(3)(b)
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