To ask Her Majesty's Government what legislation gives authority to a Neighbourhood Development Plan (NDP); and whether a NDP becomes invalid if there is no local plan which has already taken account of an NDP.
Answered on
5 March 2021
The Localism Act 2011 effected amendments to the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004, giving effect to Neighbourhood Plans. These amendments set out that once a neighbourhood plan is passed at referendum it becomes part of the development plan for the local area and the basis for decision-making. Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The status of a neighbourhood plan as part of the development plan is unaffected by the absence of a Local Plan.