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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - April

Do Business Area designations apply to Neighbourhood Plans?

Former Member, modified 11 Years ago.

Do Business Area designations apply to Neighbourhood Plans?

I've assumed that the designation of 'Business Area' (i.e. wholly or predominantly business in nature) applied to Neighbourhood Plans. So that in these areas there would be 2 referendums on the Plan - 1 for residents and 1 for businesses. However, I've just been going through the Localism Act, and I'm now confused about this. Part 1 of Schedule 9 of the Localism Act sets up various sections (61E-Q) for Neighbourhood Development Orders. 61H sets up the designation of 'Business Area'. Part 2 of Schedule 9 then applies some of the NDO sections to Neighbourhood Development Plans. In particular the 'Supplementary Provisions' bit of 38C(2) lists the provisions that are applied to NPlans, but this does not include 61H. Does the absence of 61H mean that Business Areas don't apply to Neighbourhood Plans?
Former Member, modified 11 Years ago.

Re: Do Business Area designations apply to Neighbourhood Plans?

Reread that bit of the Act this morning, and I think I've answered my own question... 61F is carried across to Neighbourhood Plans i.e. 'Authorisation to Act in relation to Neighbourhood Areas'. It's implicit that this section uses the definitions given in 61G (Neighbourhood Areas) and 61H (Business Areas) so that they apply to Neighbourhood plans as well as NDO's.