Paragraph 8 Transitional provision: neighbourhood planning

(1)

This paragraph applies as respects any area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal which —

(a)

relates in whole or in part to the land in the original development area,

(b)

was made before the commencement date to the LLDC, and

(c)

has not been determined by that date.

(2)

The application or proposal referred to in sub-paragraph (1) is treated on or after the commencement date as if it had been made to the successor authority for the area.

(3)

The LLDC must transmit any application or proposal referred to in sub-paragraph (1) to the successor authority for determination.

(4)

Any step taken or started before the commencement date by the LLDC in relation to an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal to which this paragraph applies is treated on and after the commencement date as a step taken or started by the successor authority for the area to which it relates.

(5)

Where the LLDC transmits an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal to the successor authority for determination under sub-paragraph (3), the LLDC must also send a copy of any representations received by the LLDC concerning the application or proposal.

(6)

Where any planning document has been issued by the LLDC in relation to an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal before the commencement date, no further planning document is required to be issued by the successor authority solely as a result of the transfer of functions to the successor authority by this Order.

(7)

Where a neighbourhood development plan proposal or order proposal to which paragraph 8 applies has been submitted for examination under paragraph 7 of Schedule 4B to the 1990 Act^f1 (as applied, with modifications, by section 38A of the 2004 Act^f2) before the commencement date and the person appointed to carry out that examination has not at that date made their recommendations —

(a)

nothing in this Order prevents that person from deciding that the document meets the requirement set out in paragraph 8 of that Schedule^f3, and

(b)

that person must send their recommendations to the successor authority.

(8)

In this paragraph—

“area application” means an application for the designation of a neighbourhood development area made under section 61G of the 1990 Act^f4;
“neighbourhood development plan proposal” means a proposal for a neighbourhood development plan^f5 submitted by a qualifying body^f6 under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act);
“neighbourhood forum application” means an application for designation as a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act^f7;
“order proposal” means a proposal for a neighbourhood development order^f8 submitted by a qualifying body^f9 under paragraph 1 of Schedule 4B to the 1990 Act or a community right to build order submitted by a community organisation^f10 under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act^f11.

Annotations

Footnotes

f1: Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the Localism Act 2011.
f2: Section 38A was inserted by paragraph 7 of Part 2 of Schedule 9 to the Localism Act 2011 and amended by section 140(3) of the Housing and Planning Act 2016, by sections 4(5) and 5(6) of the Neighbourhood Planning Act 2017 and by S.I. 2018/1232 and 2023/1424. It is prospectively amended by paragraph 20 of Schedule 8 to the Levelling-up and Regeneration Act 2023 from a date and time to be appointed.
f3: Paragraph 8 of Schedule 4B was amended paragraph 92 of Schedule 13 to the Historic Environment (Wales) Act 2023 and by S.I. 2018/1232 and 2023/1424. It is prospectively amended by sections 99(1) and 102(2) of, and paragraph 12(b) of Schedule 6 to, the Levelling-up and Regeneration Act 2023 from a date and time to be appointed.
f4: Section 61G was inserted by paragraph 2 of Part 1 of Schedule 9 to the Localism Act 2011 and amended by section 5(3) of the Neighbourhood Planning Act 2017 (c. 20) and section 139 of the Housing and Planning Act 2016.
f5: See section 38A(2) of the Planning and Compulsory Purchase Act 2004 for the meaning of ‘neighbourhood development plan’.
f6: For the purposes of neighbourhood development plans, the definition of “qualifying body” is in section 38A(12) of the Planning and Compulsory Purchase Act 2004.
f7: Section 61F was inserted by paragraph 2 of Part 1 of Schedule 9 to the Localism Act 2011.
f8: See section 61E(2) of the Town and Country Planning Act 1990 for the meaning of ‘neighbourhood development order’.
f9: For the purposes of neighbourhood development orders, the definition of “qualifying body” is in section 61E(6) of the Town and Country Planning Act 1990. A “community organisation” is to be regarded as a qualifying body for the purposes of section 61E (see paragraph 4(2) of Schedule 4C to the Town and Country Planning Act 1990).
f10: The definition of “community organisation” is in paragraph 3 of Schedule 4C to the Town and Country Planning Act 1990.
f11: Schedule 4C was inserted by section 116(3) of, and Schedule 11 to, the Localism Act 2011.