Section 88A Local authorities for the purposes of section 88(3)(d)F1

(1)

A local authority (“A”) is within this section if—

(a)

the land is in the area of another local authority (“B”),

(b)

B is a unitary council or a lower-tier district council, and

(c)

any part of the boundary of A's area is also a part of the boundary of B's area.

(2)

If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a)

D is not a lower-tier district council, and

(b)

any part of the boundary of D's area is also part of the boundary of C's area.

(3)

In this section—

“the land” means the land to which the application relates or any part of that land;
“local authority” has the meaning given in section 102(8);
“lower-tier district council” means a district council in England for an area for which there is a county council;
“unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;
“upper-tier county council” means a county council in England for each part of whose area there is a district council.

Annotations

F1: S. 88A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)