The Neighbourhood Planning (General) Regulations 2012

[F1 Prescribed date for determination of an area application E+W

6A.— (1) Where a local planning authority receive an area application from a relevant body the authority must determine the application by the date prescribed in paragraph (2).

(2) The date prescribed in this paragraph is—

(a) in a case where the area to which the application relates falls within the areas of two or more local planning authorities, the date 20 weeks from the date immediately following that on which the application is first publicised;

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) in all other cases, the date 13 weeks from the date immediately following that on which the application is first publicised.

[F3 (3) Where the application has not been determined by the date prescribed in paragraph (2), the local planning authority must exercise their powers under section 61G of the 1990 Act so as to secure that the whole of the area specified in the application is designated as a neighbourhood area unless on that date—

(a) some or all of the specified area has been designated as a neighbourhood area; or

(b) some or all of the specified area is specified in another area application and that other area application has not been determined.]]

Textual Amendments

F1 Reg. 6A inserted (9.2.2015) by The Neighbourhood Planning (General) (Amendment) Regulations 2015 (S.I. 2015/20), regs. 1(1), 2(3) (with reg. 1(2))

F2 Reg. 6A(2)(b) omitted (1.10.2016) by virtue of The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(4)(a) (with reg. 4(1))

F3 Reg. 6A(3) inserted (1.10.2016) by The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2016 (S.I. 2016/873), regs. 1(1), 2(4)(b) (with reg. 4(1))