OpenLegislation

Paragraph 4 I1

England and Wales

Section 7 (planning control)f1 has effect as if for subsection (2) there were substituted—

“(2)

Where the oversight authority is the local planning authority (or is authorised to act on behalf of the local planning authority) for the whole or part of the area of the new town, the oversight authority may, in addition to approving proposals under subsection (1)—

F1(a)

adopt them as a local development document (within the meaning of section 17 of the Planning and Compulsory Purchase Act 2004), a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan (within the meaning of section 15LH of the Planning and Compulsory Purchase Act 2004);

(b)

make a local development order under section 61A of the Town and Country Planning Act 1990f2, which grants planning permission for any development of land in accordance with proposals approved under subsection (1), and such permission shall be subject to such conditions, if any (including conditions requiring details of any proposed development to be submitted to the authority), as may be specified in the order.

(2A)

Subsection (2) is without prejudice to the generality of—

(a)

Part 2 of the Planning and Compulsory Purchase Act 2004; and

(b)

the powers conferred by section 61A of the Town and Country Planning Act 1990.”.

Annotations

Textual amendments

F1

Words in Sch. 1 para. 4 substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 23

Commencement

I1

Sch. 1 para. 4 in force at 24.7.2018, see reg. 1

Footnotes

f1

1981 c.64. Section 7 was amended by Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11).

f2

1990 c.8. Section 61A was inserted by Section 40(1) of the Planning and Compulsory Purchase Act 2004 (c.5).