Paragraph 2 Transitional provision: planning applications
This paragraph applies as respects any application for planning permission or permission in principle, or for a consent, approval or determination under the 1990 Act, the Listed Buildings Act or the Hazardous Substances Actf1, or under any order or regulation made or having effect under those Acts which—
relates in whole or in part to any land in the development area,
was made before 1st June 2023 to a previous authority, and
has not been determined by 1st June 2023.
Subject to sub-paragraph (3), the previous authority must transmit any application to which this paragraph applies to the Corporation for determination.
Where an application to which this paragraph applies is the subject of a direction made (whether before or after 1st June 2023) by the Secretary of State under section 77 of the 1990 Actf2 or section 12 of the Listed Buildings Actf3 requiring that the application be referred to the Secretary of State, the previous authority continues to 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 previous authority must notify the Corporation of the direction and transmit to the Secretary of State any representations received from the Corporation.
Where the previous authority transmits an application to which this paragraph applies to the Corporation for determination—
the previous authority must notify the applicant that the Corporation is to be the local planning authority for the application,
the application must be accompanied by a copy of any representations received concerning the application, and
the application must be treated as received by the Corporation from the applicant on the day on which it is transmitted to the Corporation.
Where any planning document has been, or is in the process of being, issued by the previous authority in relation to an application to which this paragraph applies before the day on which it is transmitted to the Corporation, no further planning document is required to be issued by the Corporation solely as a result of the transfer of functions to the Corporation by this Order.
Annotations
Footnotes
- f1
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By virtue of section 3(4) of that Act, as amended by paragraph 38 of Schedule 22 to the Localism Act 2011, the Corporation is, subject to these transitional provisions, the hazardous substances authority for the development area.
- f2
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Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991, 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, and by S.I. 2014/2773. It is prospectively amended by paragraph 2 of Schedule 10 to the Planning Act 2008 (c. 29) from a date and time to be appointed and by paragraph 11 of Schedule 4 to the Infrastructure Act 2015 for remaining purposes.
- f3
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Section 12 was amended by section 17 of the Transport and Works Act 1992 (c. 42) and S.I. 2014/2772. It is prospectively amended by paragraph 16 of Schedule 10 to the Planning Act 2008 from a date and time to be appointed.