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Article 5 Transitional provisions in connection with planning functions

Original text. Later amendments are not shown.

(1)

This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Planning (Conservation Areas and Listed Buildings) Act 1990,f1 or under any order or regulations made or having effect under either of those Acts which—

(a)

in the case of an application for approval of reserved matters, is duly made before 31st March 1995 to the development corporation in relation to land within the excluded area; or

(b)

in any other case, before this Order came into force was duly made to the development corporation in relation to land within the excluded area,

and has not been determined on the coming into force of this Order.

(2)

Except where the development corporation transmits the application to the authority for determination, the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.

(3)

The development corporation shall transmit to the authority for determination—

(a)

any application which it has resolved with the agreement of the applicant to transmit to the authority; and

(b)

any other application which it has not determined on or before 31st March 1995.

(4)

Where the development corporation transmits an application to the authority for determination in accordance with paragraph (3), the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.

(5)

Where an appeal is made to the Secretary of State under section 78f2 of the 1990 Act or section 20 of the Planning (Conservation Areas and Listed Buildings) Act 1990 in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.

Annotations

Footnotes

f1

1990 (c. 9).

f2

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34).