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The Growth and Infrastructure Act 2013 (Local Development Orders) (Consequential Provisions) (England) Order 2013

S.I. 2013/2879 · Made 7 November 2013 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 15 April 2015.

Town And Country Planning, England

Made 7th November 2013

Laid before Parliament 13th November 2013

Coming into force 9th December 2013

The Secretary of State, in exercise of the powers conferred by sections 32(1)(b) and 33 of the Growth and Infrastructure Act 2013f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2013 c. 27.

Contents

  1. 1Citation, application and interpretation
  2. 2Consequential amendments in relation to development management procedure Repealed
  3. 3Consequential amendments in relation to environmental impact assessment
  4. 4Transitional and saving provisions Repealed
  5. Signature
  6. Explanatory note

1Citation, application and interpretationI1

(1)

This Order may be cited as the Growth and Infrastructure Act 2013 (Local Development Orders) (Consequential Provisions) (England) Order 2013 and comes into force on 9th December 2013.

(2)

This Order applies in relation to England only.

(3)

In this Order—

  • “the Development Management Procedure Order” means the Town and Country Planning (Development Management Procedure) (England) Order 2010f1;

  • “the EIA Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2011f2;

  • “draft local development order” means a local development order which has been prepared by a local planning authority in accordance with article 34(1) of the Development Management Procedure Order, but has not yet been adopted by the local planning authority;

  • “local development order” has the meaning given in section 61A of, and Schedule 4A to, the Town and Country Planning Act 1990f3.

2Consequential amendments in relation to development management procedureF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3Consequential amendments in relation to environmental impact assessmentI1

Regulation 29 (modifications for the purposes of local development orders) of the EIA Regulations is amended as follows—

(a)

in paragraph (5)(e), in the substituted text of regulation 16, omit sub-paragraph (a) of paragraph (1);

(b)

in paragraph (5)(j)(i), for “make” substitute “adopt”; and

(c)

in paragraph (6), after “and (c)(i)” omit “and paragraph (10)”.

4Transitional and saving provisionsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Signed by authority of the Secretary of State for Communities and Local Government

Nick Boles

Parliamentary Under Secretary of State

Department for Communities and Local Government

7th November 2013

Explanatory note

(This note is not part of the Order)

This Order makes consequential, transitional and saving provisions in connection with the commencement of section 5 of the Growth and Infrastructure Act 2013 (“the Act”), which amends various powers and duties in respect of local development orders in England.

Local development orders can be made by local planning authorities under powers in section 61A of the Town and Country Planning Act 1990 (“the 1990 Act”), and can be used to grant planning permission for particular types of development in particular areas or throughout the local planning authority’s area.

Section 5 of the Act amends section 61B of, and Schedule 4A to, the 1990 Act to remove the Secretary of State’s powers to intervene in local development orders before they are adopted by local planning authorities. This Order makes related amendments to local development order procedural requirements in the Town and Country Planning (Development Management Procedure) (England) Order 2010 and the Town and Country Planning (Environmental Impact Assessment) Regulations 2011.