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Link to original content: http://www.legislation.gov.uk/ukpga/2023/55/section/98
This version of this provision is prospective.
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Levelling-up and Regeneration Act 2023, Section 98 is up to date with all changes known to be in force on or before 31 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Section 38B of PCPA 2004 (provision that may be made by neighbourhood development plans) is amended as follows.
(2)Before subsection (1) insert—
“(A1)A neighbourhood development plan may include—
(a)policies (however expressed) in relation to the amount, type and location of, and timetable for, development in the neighbourhood area in the period for which the plan has effect;
(b)other policies (however expressed) in relation to the use or development of land in the neighbourhood area which are designed to achieve objectives that relate to the particular characteristics or circumstances of that area, any part of that area or one or more specific sites in that area;
(c)details of any infrastructure requirements, or requirements for affordable housing, to which development in accordance with the policies, included in the plan under paragraph (a) or (b), would give rise;
(d)requirements with respect to design that relate to development, or development of a particular description, throughout the neighbourhood area, in any part of that area or at one or more specific sites in that area, which the qualifying body considers should be met for planning permission for the development to be granted.”
(3)After subsection (2A) insert—
“(2B)So far as the qualifying body considers appropriate, having regard to the subject matter of the neighbourhood development plan, the plan must—
(a)be designed to secure that the development and use of land in the neighbourhood area contribute to the mitigation of, and adaptation to, climate change, and
(b)take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to all or part of the neighbourhood area, including in particular—
(i)the areas identified in the strategy as areas which—
(A)are, or could become, of particular importance for biodiversity, or
(B)are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits,
(ii)the priorities set out in the strategy for recovering or enhancing biodiversity, and
(iii)the proposals set out in the strategy as to potential measures relating to those priorities.
(2C)The neighbourhood development plan must not—
(a)include anything that is not permitted or required by or under subsections (A1) to (2A) or regulations under subsection (4), or
(b)be inconsistent with or (in substance) repeat any national development management policy.”
(4)In subsection (4)(b), after “requiring” insert “or permitting”.
Commencement Information
I1S. 98 not in force at Royal Assent, see s. 255(3)(b)
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