Paragraph 2 Transitional provision: planning applications
This paragraph applies to any application for planning permission, permission in principle, consent, agreement, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —
relates in whole or in part to the land in the original development area,
was made to the LLDC before the commencement date, and
has not been determined by that date.
The LLDC must transmit any application referred to in sub-paragraph (1) to the successor authority for determination.
Where an application to which this paragraph applies is the subject of a direction made (whether before or after the commencement date) by the Secretary of State under section 77 of the 1990 Actf1 or section 12 of the Listed Buildings Actf2 requiring that the application be referred to the Secretary of State, the successor authority will be the local planning authority in respect of the application —
for the purposes of section 77 of the 1990 Act or section 12 of the Listed Buildings Act (as the case may be), and
for the purposes of any Planning Inquiry Commission constituted by the Secretary of State under section 101 of the 1990 Act to inquire into the application.
Where sub-paragraph (3) applies, the LLDC must notify the successor authority of a direction it receives.
Where the LLDC transmits an application to the successor authority for determination —
the LLDC must notify the applicant that the successor authority is to become the local planning authority for the application,
the application must be accompanied by a copy of any representations received by the LLDC concerning the application, and
the application must be treated as if received by the successor authority from the applicant on the day on which it is transmitted to the successor authority.
Where any planning document has been, or is in the process of being, issued by the LLDC in relation to an application before the day on which it is transmitted to the successor authority, no further planning document is required to be issued by the successor authority solely because the application has been transmitted.
Annotations
Footnotes
- f1
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Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), by paragraph 10 of Schedule 12 to the Localism Act 2011, by paragraph 11 of Schedule 4 to the Infrastructure Act 2015 (c. 7) (for certain purposes), by paragraph 20 of Schedule 12 to the Housing and Planning Act 2016 (c. 22), and by S.I. 2014/2773. It is prospectively amended by paragraph 2 of Schedule 10 to the Planning Act 2008 (c. 29), by paragraph 11 of Schedule 4 to the Infrastructure Act 2015 for remaining purposes and by paragraph 1(11) of Schedule 9 to the Levelling-up and Regeneration Act 2023 (c. 55) from a date and time to be appointed.
- f2
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Section 12 was amended by section 17 of the Transport and Works Act 1992 (c. 42), paragraph 105 of Schedule 13 to the Historic Environment (Wales) Act 2023 (asc 3) and S.I. 2014/2773. It is prospectively amended by paragraph 16 of Schedule 10 to the Planning Act 2008 from a date and time to be appointed.