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Neighbourhood Planning Act

Victoria Charlesson

Victoria Charlesson, Solicitor in our Planning Law team, explains the Neighbourhood Planning Bill. 

The Neighbourhood Planning Bill received Royal Assent on 27 April 2017. 

The Act inserts a provision into the Town and Country Planning Act 1990 (“the 1990 Act”) (Section 70(2)(aza)) requiring a local planning authority to have regard to “a post-examination draft neighbourhood plan, so far as material to the application”. This insertion is intended to reinforce the role of neighbourhood planning and is in keeping with the Government’s agenda to ensure that where neighbourhood plans are at an advanced stage they are taken into consideration in the determination of any planning applications.

The Act also endeavours to reduce the use of pre-commencement conditions in line with the Government’s response to a consultation on conditions in September-December 2016 (to read more on the consultation and the Government’s response please click here). The new Section 100ZA to the 1990 Act provides that pre-commencement conditions cannot be imposed on a planning application without the written agreement of the applicant.

The Act also provides:

  • that the Government can, by virtue of Section 28A of the 1990 Act, direct two or more local planning authorities to prepare a joint development plan document where it considers that doing so will “facilitate the more effective planning of the development and use of land”. 
  • for clarification on the rules relating to compensation for compulsory purchase orders and the procure relating to temporary possession of land
  • for the Secretary of State to remove certain permitted development rights in relation to pubs

Following Royal Assent of the Act the Government has approved the Town and Country Planning (General Permitted Development)(England)(Amendment)(No 2) Order 2017 which amends the Town and Country Planning (General Permitted Development)(England) Order 2015 to remove permitted development rights for the demolition of pubs (A4 use). This Order comes into effect on 23 May 2017 and follows Section 15 of the Act requiring such pub protection measures to be bought into effect as “soon as reasonably practicable”.

For more information, please contact Victoria Charlesson or a member of our Planning Law team.

This blog article was produced with support from Kayleigh Chapman.

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.