OpenLegislation

Paragraph 6 Transitional provision: local development orders

Original text. Later amendments are not shown.

(1)

Any local development order adopted under section 61A of the 1990 Actf1 by a previous authority in relation to the development area (or part of it) before the commencement date has effect on or after that date as if it had been made by the development corporation.

(2)

Nothing in sub-paragraph (1) affects any power of the Secretary of State or the development corporation to revoke a document to which that paragraph relates.

(3)

Where before the commencement date a previous authority has taken or started any step in relation to the preparation of a local development order which relates to the development area (or part of it)—

(a)

that step must be treated on or after the commencement date as a step taken or started by the development corporation; and

(b)

the previous authority must transmit a copy of any representations received concerning that draft order to the development corporation.

(4)

Where any planning document has been, or is in the process of being, issued by the planning authority in relation to the draft order referred to in sub-paragraph (3), no further planning document is required to be issued by the development corporation solely as a result of the transfer of functions to the development corporation by this Order.

Annotations

Footnotes

f1

Section 61A was inserted by section 40 of the Planning and Compulsory Purchase Act 2004 (c. 5), and amended by sections 188 and 238 of, and Schedule 13 to, the Planning Act 2008 (c. 29).