OpenLegislation

Article 7 Transitional arrangements: planning applications

Original text. Later amendments are not shown.

(1)

Paragraphs (2) (3) and (4) of this article apply as respects any application for planning permission or for a consent, 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—

(a)

was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Actf1 and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and

(b)

has not been determined when this Order comes into force.

(2)

The previous authority must transmit any application referred to in paragraph (1) to the ODA for determination.

(3)

Where the previous authority transmits an application to the ODA for determination, the application shall be accompanied by a copy of any representation received by the previous authority concerning the application.

(4)

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 ODA, no further notices, certificates, publicity or consultations shall be required solely because the application has been transmitted.

(5)

Where an appeal is made to the Secretary of State under section 78f2 of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall—

(a)

continue to be the local planning authority for the purposes of the appeal; and

(b)

shall notify the ODA of the appeal and transmit to the Secretary of State any representation received from the ODA.

Annotations

Footnotes

f1

Section 7 is modified in its application to the ODA by section 5(2) and (3)(b) of the London Olympic and Paralympic Games Act 2006.

f2

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991.