3A

For the purposes of any area in England (but subject to subsection (3B)) a neighbourhood development plan which relates to that area also forms part of the development plan for that area if—

a

section 38A(4)(a) (approval by referendum) applies in relation to the neighbourhood development plan, but

b

the local planning authority to whom the proposal for the making of the plan has been made have not made the plan.

3B

The neighbourhood development plan ceases to form part of the development plan if the local planning authority decide under section 38A(6) not to make the plan.