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))
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.]
Textual Amendments
F1Reg. 81 substituted (28.12.2018) by The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018 (S.I. 2018/1307), regs. 1(1), 2(5)
F2Reg. 81(5A) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(6), Sch. 15 para. 8 (with s. 247)