[F161JProvision that may be made by neighbourhood development orderE+W
(1)A neighbourhood development order may make provision in relation to—
(a)all land in the neighbourhood area specified in the order,
(b)any part of that land, or
(c)a site in that area specified in the order.
(2)A neighbourhood development order may not provide for the granting of planning permission for any development that is excluded development.
(3)For the meaning of “excluded development”, see section 61K.
(4)A neighbourhood development order may not grant planning permission for any development in any particular case where planning permission is already granted for that development in that case.
(5)A neighbourhood development order may not relate to more than one neighbourhood area.
[F2(5A)Subsection (5) is subject to section 61G(6D) (effect of modification of existing neighbourhood area).]
(6)A neighbourhood development order may make different provision for different cases or circumstances.]
Textual Amendments
F1Ss. 61E-61Q and cross-heading inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 9 para. 2; S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4)
F2S. 61J(5A) inserted (31.1.2018) by Neighbourhood Planning Act 2017 (c. 20), ss. 5(4), 46(1); S.I. 2018/38, reg. 3(c)