SCHEDULES

SCHEDULE 12Neighbourhood planning: consequential amendments

Town and Country Planning Act 1990

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1

Section 108 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.

2

In subsection (1)—

a

in paragraph (a), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”, and

b

in the words after paragraph (b), for “or a local development order” substitute “ , the local development order or the neighbourhood development order ”.

3

In subsection (2), for “or a local development order” substitute “ , a local development order or a neighbourhood development order ”.

4

In subsection (3B), at the end insert—

c

in the case of planning permission granted by a neighbourhood development order, the condition in subsection (3E) is met.

5

After subsection (3D) insert—

3E

The condition referred to in subsection (3B)(c) is that—

a

the planning permission is withdrawn by the revocation of the neighbourhood development order,

b

notice of the revocation was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation took effect, and

c

either—

i

the development authorised by the neighbourhood development order had not begun before the notice was published, or

ii

section 61L(7) applies in relation to the development.

6

In the title, for “or a local development order” substitute , local development order or neighbourhood development order.