# The Milton Keynes (Urban Area and Planning Functions) Order 2004, Article 4: Planning functions of the Urban Regeneration Agency


(1) Subject to paragraphs (2) to (6) and articles 6 and 7, the Agency shall be the local planning authority for each designated area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development—
(a) development which comprises or includes the provision of 10 or more houses, flats, or houses and flats;
(b) development which comprises or includes 1,000 or more square metres of floorspace for a use falling within any or all of the following Classes in the Town and Country Planning (Use Classes) Order 1987—
(i) class A1 (retail);
(ii) class A2 (financial and professional);
(iii) class A3 (food and drink);
(iv) class B1 (business);
(v) class B2 (general industrial);
(vi) class B8 (storage and distribution);
(c) development which occupies 1 hectare or more of land; and
(d) development which is not of a kind specified in sub-paragraph (a), (b) or (c), but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in a designated area.
(2) Paragraph (1) does not apply to—
(a) development which comprises or includes the winning and working of minerals in, on or under land, whether by surface or underground working; or
(b) operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing or disposing of refuse or waste materials.
(3) In deciding whether development forms part of more substantial development, there shall be taken into account other development of the same land or adjoining land in a designated area—
(a) in respect of which an application for planning permission has been made but not finally determined on the date the relevant application is received;
(b) in respect of which planning permission has been granted within the period of five years immediately preceding that date; or
(c) which has been substantially completed within the period of five years immediately preceding that date.
(4) Paragraph (1) does not apply to development in respect of which—
(a) an application under section 73 of the 1990 Act, or
(b) an application for renewal of planning permission,
has been made and where the previous planning permission was granted pursuant to an application for planning permission which was received on or before 6th June 2004 by an authority which ceases by virtue of the preceding provisions of this Order to be the local planning authority responsible for determining planning applications for the kinds of development specified in paragraph (1).
(5) In paragraph (4), “previous planning permission” means the planning permission in respect of which the application referred to in paragraph (4)(a) or (b) is made.
(6) For the purposes of this article—
(a) development occupies that area in respect of which the application for planning permission for the development seeks planning permission; and
(b) “floorspace” shall be calculated by external measurement.

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Source: https://www.legislation.gov.uk/uksi/2004/932/article/4 (the official version)
Page: https://openlegislation.uk/milton-keynes-urban-area-and-planning-functions-order-2004/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.