The following Planning guidance note provides comprehensive and up to date legal information covering:
The neighbourhood development order (NDO) regime is contained in the Town and Country Planning Act 1990 (TCPA 1990) specifically TCPA 1990, ss 61E–61Q and Sch 4B. See Practice Note: Introduction to neighbourhood planning.
An NDO is a form of deemed local planning permission; it grants outline or full planning permission in a particular neighbourhood area for the development specified in the order, which may be either a particular project or a particular class of development. As a result, a separate planning permission will not be required from the local planning authority. This is designed to speed up the planning process.
However, an NDO cannot grant permission for development where planning permission has already been granted for that development.
The contents of an NDO will depend on the needs of the particular neighbourhood area and the terms of any neighbourhood plan. The local planning authority can provide advice and assistance (but not financial assistance) to the parish council or neighbourhood forum in formulating the NDO.
An NDO cannot relate to excluded development, which is defined as:
minerals or waste development that would normally by handled by a county council (where there is one)
development that falls within Annex 1 to Council Directive 85/337/EEC on the assessment of effects on the environment (ie development that is required to be the subject of an environmental impact assessment)
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