Section 54 Delegation of planning decisions in EnglandI1I2

In the Town and Country Planning Act 1990, after section 319ZZB (inserted by section 53) insert—

“England: discharge of functions of local planning authority

Requirement for functions to be discharged by committee, sub-committee or officer

319ZZC

(1)

The Secretary of State may by regulations require a relevant local planning authority to make arrangements under section 101 of the 1972 Act for such relevant planning functions as are prescribed—

(a)

to be discharged by a committee, sub-committee or officer of the authority;

(b)

to be discharged by a committee, sub-committee or officer of the authority in prescribed circumstances.

(2)

The regulations may —

(a)

prescribe the terms of the arrangements (which may include exceptions) and any permitted variations in those terms;

(b)

provide for the arrangements to confer a discretion on any person in connection with the delegation of a function.

(3)

Where arrangements required by the regulations are in force in relation to a relevant planning function, the function may only be exercised in accordance with the arrangements (and section 101(4) of the 1972 Act does not apply).

Size and composition of committee discharging functions

319ZZD

(1)

The Secretary of State may by regulations prescribe requirements relating to the size and composition of a committee or sub-committee by which such relevant planning functions as are prescribed are to be discharged.

(2)

A relevant local planning authority may not arrange for a relevant planning function to be discharged by a committee or sub-committee of the authority which fails to satisfy a requirement imposed by regulations under this section in relation to the discharge of that function.

(3)

If a committee or sub-committee discharging a relevant planning function fails to satisfy such a requirement, paragraph 43 of Schedule 12 to the 1972 Act (validity of proceedings) does not apply in relation to the failure.

Sections 319ZZC and 319ZZD: supplementary

319ZZE

(1)

Sections 101 and 102 of the 1972 Act have effect subject to sections 319ZZC and 319ZZD and any regulations made under them.

(2)

Where arrangements are in force under section 101(5) of the 1972 Act for two or more relevant local planning authorities to discharge any of their relevant planning functions jointly, sections 319ZZC and 319ZZD apply in relation to those functions as if—

(a)

references to a committee or sub-committee of a relevant local planning authority were references to a joint committee or sub-committee of those authorities;

(b)

references to an officer of a relevant local planning authority were references to an officer of any of those authorities.

(3)

Regulations under sections 319ZZC and 319ZZD may—

(a)

make different provision for different relevant local planning authorities;

(b)

make different provision for cases where two or more such authorities have made arrangements under section 101(1)(b) or (5) of the 1972 Act for the discharge of any of their relevant planning functions.

(4)

In operating arrangements required by regulations under section 319ZZC, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.

(5)

In making arrangements for the discharge of a function prescribed in regulations under section 319ZZD, relevant local planning authorities must have regard to any relevant guidance issued by the Secretary of State.

(6)

The Secretary of State must consult such persons as the Secretary of State considers appropriate before—

(a)

making regulations under section 319ZZC or 319ZZD, or

(b)

issuing guidance under subsection (4) or (5).

(7)

Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority.

Interpretation of sections 319ZZC to 319ZZE

319ZZF

(1)

In sections 319ZZC to section 319ZZE, “relevant local planning authority” means a local planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include—

(a)

a National Park authority, or

(b)

the Broads Authority.

(2)

In section 319ZZE, “relevant mineral planning authority” means a mineral planning authority in England which is an authority to which sections 101 and 102 of the 1972 Act apply, except that it does not include a National Park authority.

(3)

In sections 319ZZC to 319ZZE, “relevant planning function” has the same meaning as in section 319ZZA (see subsections (9) and (10) of that section).

(4)

In sections 319ZZC to 319ZZE and this section, “the 1972 Act” means the Local Government Act 1972.”

In section 316 of the Town and Country Planning Act 1990 (land of interested planning authorities and development by them), in subsection (3), in the words after paragraph (b), after “under” insert “sections 319ZZC to 319ZZE or”.

In section 333 of the Town and Country Planning Act 1990 (regulations and orders), after subsection (3ZAA), insert—

“(3ZAB)

The first regulations under section 319ZZC or 319ZZD may not be made unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.”