Article 7 Transitional provisions in connection with planning applications

(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 (Listed Buildings and Conservation Areas) Act 1990^f1, or under any order or regulations made or having effect under either of those Acts—

(a)

which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and

(b)

in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act^f2 (reference of application to Secretary of State), to be the local planning authority responsible for determining the application.

(2)

Except where the development corporation transmits the application to the authority for determination in accordance with paragraph (3), subject to paragraph (6) 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 before 5th December 1997,

other than any application in respect of which a direction has been made under section 77 of the 1990 Act.

(4)

Subject to paragraph (5), where the development corporation transmits an application to the authority for determination, 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 notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.

(6)

Where an appeal is made to the Secretary of State under section 78 of the 1990 Act^f3 or section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990^f4 in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.

(7)

The authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act—

(a)

where the development corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and

(b)

in any other case, where the application has not been determined before 5th December 1997 or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.

Annotations

Footnotes

f1: 1990 c. 9.
f2: Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) (“the 1991 Act”).
f3: Section 78 was amended by section 17(2) of the 1991 Act.
f4: Section 20 has effect in relation to buildings in conservation areas as it has effect in relation to listed buildings subject to such exceptions and modifications as may be prescribed by regulations (see section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Town and Country Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519)).