PART 6 U.K.Assessment of plans and projects

Modifications etc. (not altering text)

C1Pt. 6: power to amend conferred (24.1.2022) by Environment Act 2021 (c. 30), ss. 113, 147(3) (with s. 144); S.I. 2022/48, reg. 2(p)

C2Pt. 6 power to disapply or modify conferred (26.12.2023) by Energy Act 2023 (c. 52), ss. 293(4)(5), 334(3)(j) (with s. 293(6))

CHAPTER 2E+W+SPlanning

Neighbourhood development ordersE+W

[F1Neighbourhood development ordersE+W

81.(1) Subject to paragraphs (2) and (3), the assessment provisions apply to the making of a neighbourhood development order.

(2) Regulation 64 (Considerations of overriding public interest) does not apply to the making of a neighbourhood development order.

(3) Paragraph (1) does not apply to a neighbourhood development order made before 28th December 2018.

(4) Subject to paragraph (5) the review provisions apply to a neighbourhood development order unless—

(a)the development permitted by that order was completed before 28th December 2018; or

(b)the development permitted by that order has been completed before the site became a European site or a European offshore marine site.

(5) The reference to regulation 64 in the review provisions does not apply to a neighbourhood development order.

[F2(5A) See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.]

(6) This regulation applies in relation to England only.]