Regulation 6 Notification of discharge of pre-commencement condition

(1)

Natural England must notify the relevant authority, determined under paragraphs (2) to (5), where—

(a)

a condition of development has been imposed under regulation 5, and

(b)

the applicable condition specified in regulation 5 (4)(a) or (b) has been met.

(2)

For permission under the TCPA 1990, the relevant authority is the local planning authority—

(a)

for the area in which the relevant land is situated, and

(b)

which would have the power to issue an enforcement notice for the relevant development under section 172 of that Act^f1 (issue of enforcement notice).

(3)

Where paragraph (2) applies, if the relevant land is in an area where there is both a district planning authority and a county planning authority, then the relevant authority is—

(a)

if the relevant development relates to county matters within the meaning of Schedule 1 to the TCPA 1990^f2, the county planning authority, or

(b)

in all other cases, the district planning authority.

(4)

In paragraphs (2) and (3), “local planning authority”^f3, “county planning authority” and “district planning authority”^f4 have the same meaning as in the TCPA 1990.

(5)

Otherwise, the relevant authority is, for—

(a)

development consent under the Planning Act 2008, the relevant local planning authority within the meaning of section 173 of that Act;

(b)

listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990, the local planning authority within the meaning of that Act which would have the power to issue an enforcement notice for the relevant development under section 38 of that Act^f5;

(c)

a marine licence under the Marine and Coastal Access Act 2009, the Secretary of State.

Annotations

Footnotes

f1: Section 172 was substituted by section 5 of the Planning and Compensation Act 1991.
f2: See paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990 for the meaning of “county matter”; paragraph 1 was amended by paragraph 13 of Schedule 1 to the Planning and Compensation Act 1991.
f3: For the meaning of “local planning authority”, see section 336 and Part 1 of the Town and Country Planning Act 1990; relevant amendments to Part 1 were made by Schedule 21 to the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 67 of the Environment Act 1995 (c. 25), Schedule 8 to the Housing and Regeneration Act 2008 (c. 17), and Schedule 22 to the Localism Act 2011 (c. 20).
f4: For the meanings of “county planning authority” and “district planning authority”, see section 1 of the Town and Country Planning Act 1990.
f5: Section 38 has amendments, but none relevant to these Regulations. For the meaning of “local planning authority” within the Planning (Listed Buildings and Conservation Areas) Act 1990, see section 81 of, and Schedule 4 to, that Act.