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Section 38B: Provision that may be made by neighbourhood development plans

Planning and Compulsory Purchase Act 2004 · 2004 c. 5View on legislation.gov.uk

Part 3: Development

A neighbourhood development plan—

must specify the period for which it is to have effect,
may not include provision about development that is excluded development, and
may not relate to more than one neighbourhood area.

Only one neighbourhood development plan may be made for each neighbourhood area.

Subsections (1)(c) and (2) are subject to section 61G(6D) of the principal Act (as applied by section 38C(5A) of this Act).

If to any extent a policy set out in a neighbourhood development plan conflicts with any other statement or information in the plan, the conflict must be resolved in favour of the policy.

Regulations made by the Secretary of State may make provision—

restricting the provision that may be included in neighbourhood development plans about the use of land,
requiring neighbourhood development plans to include such matters as are prescribed in the regulations, and
prescribing the form of neighbourhood development plans.

A local planning authority must publish each neighbourhood development plan that they make in such manner as may be prescribed by regulations made by the Secretary of State.

Section 61K of the principal Act (meaning of "excluded development") is to apply for the purposes of subsection (1)(b).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.