Paragraph 55

England and Wales

(1)

F1In England, elsewhere than in Greater London F2, a metropolitan county or a National Park the functions of a local planning authority of determining applications and issuing certificates under section 17 of the M1Land Compensation Act 1961 shall—

(a)

in the case of an application specifying only a F3description of development which appears, or F4descriptions of development each of which appear, to the district planning authority to relate to a county matter, be exercised by the county planning authority;

(b)

in any other case, be exercised by the district planning authority.

F5(2)

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

(3)

Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority who, in the case of an application falling to be determined by the county planning authority, shall send it on to the latter.

(4)

A county planning authority determining any such application shall consult with the district planning authority on the question whether planning permission for development of any F6description which appears to the former not to relate to a county matter F7would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.

(5)

A district planning authority determining any such application shall consult with the county planning authority on the question whether planning permission for development of any description which appears to the former to relate to a county matter would have been granted if the land in question were not proposed to be acquired by any authority possessing compulsory purchase powers.

(6)

A county planning authority by whom a certificate is issued under section 17 of the M2Land Compensation Act 1961 shall notify the district planning authority of the terms of the certificate and the district planning authority by whom a certificate is so issued shall, if it F8identifies development relating to a county matter, notify the county planning authority of the terms of the certificate.

(7)

In this paragraph “county matter” has the meaning ascribed to it by F9paragraph 1 of Schedule 1 to the Town and Country Planning Act 1990.

Annotations

Textual amendments

F1: Words in Sch. 16 para. 55(1) substituted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 64(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F2: Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 2, 3(5)
F3: Word in Sch. 16 para. 55(1)(a) substituted (6.4.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 2 para. 2(2)(a)(i) (with Sch. 2 para. 2(3)-(5))
F4: Word in Sch. 16 para. 55(1)(a) substituted (6.4.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 2 para. 2(2)(a)(ii) (with Sch. 2 para. 2(3)-(5))
F5: Sch. 16 para. 55(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F6: Word in Sch. 16 para. 55(4)(5) substituted (6.4.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 2 para. 2(2)(b) (with Sch. 2 para. 2(3)-(5))
F7: Words substituted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2; 103:1, 2), s. 193, Sch. 33 para. 13 in relation to applications made after 12.12.1975
F8: Word in Sch. 16 para. 55(6) substituted (6.4.2012) by The Localism Act 2011 (Consequential Amendments) Order 2012 (S.I. 2012/961), art. 1(2), Sch. 2 para. 2(2)(c) (with Sch. 2 para. 2(3)-(5))
F9: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 28(5)

Paragraph 55

Annotations

Textual amendments

Marginal citations

Notes on The Land Compensation Act 1961

Marginal citations