Paragraph 8 Transitional provision: neighbourhood planning

(1)

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

(a)

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

(b)

was made before 1st June 2023 to the previous authority, and

(c)

has not been determined by that date.

(2)

The application or proposal referred to in paragraph (1) is treated as if it had been made—

(a)

in relation to such of the development area as corresponds to the area, or part of the area, to which the document relates, to the Corporation, and

(b)

in relation to such of its area outside of the development area as corresponds to the area, or part of the area, to which the document relates, to the previous authority.

(3)

The previous authority must transmit any application or proposal referred to in paragraph (1) to the Corporation for determination.

(4)

In this paragraph and paragraph 9—

“area application” means an application for the designation of a neighbourhood development area made under section 61G of the 1990 Act^f1;
“neighbourhood forum application” means an application for designation of a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act^f2;
“order proposal” means a proposal for a neighbourhood development order for the purposes of section 61E of the 1990 Act^f3 submitted by a qualifying body^f4 under paragraph 1 of Schedule 4B to the 1990 Act^f5 or a community right to build order submitted by a community organisation^f6 under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act^f7.

Annotations

Footnotes

f1: Section 61G was inserted by paragraph 2 of Part 1 of Schedule 9 to the 2011 Act and amended by section 5(3) of the Neighbourhood Planning Act 2017 (c. 20) and section 139 of the Housing and Planning Act 2016.
f2: Section 61F was inserted by paragraph 2 of Part 1 of Schedule 9 to the Localism Act 2011, and amended by section 5(2) of the Neighbourhood Planning Act 2017.
f3: Section 61E was inserted by paragraph 2 of Part 1 of Schedule 9 to the Localism Act 2011 and amended by section 140(2) of the Housing and Planning Act 2016 and S.I. 2018/1232.
f4: 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 (see paragraph 4(2) of Schedule 4C to the Town and Country Planning Act 1990).
f5: Schedule 4B was inserted by Schedule 10 to the Localism Act 2011.
f6: The definition of “community organisation” is in paragraph 3 of Schedule 4C to the Town and Country Planning Act 1990.
f7: Schedule 4C was inserted by Schedule 11 to the Localism Act 2011.