OpenLegislation

Section 2B Section 2A: supplementary provisionsF1C1C2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.

(2)

A direction under section 2A must include the Mayor of London's reasons for giving it.

(3)

If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.

(4)

Subsection (5) applies where the Mayor of London—

(a)

gives a direction under section 2A in the case of any application, and

(b)

considers that an application falling within subsection (6) (the “connected application”) is connected with that application.

(5)

Where this subsection applies, the Mayor of London is to be—

(a)

the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or

(b)

the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).

(6)

The applications are—

(a)

an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

(b)

an application for conservation area consent under that Act,

(c)

an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

(7)

In subsection (6)—

(a)

the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and

(b)

the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.

F2(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Ss. 2A-2D inserted (6.4.2008) by Greater London Authority Act 2007 (c. 24), ss. 31(2), 59; S.I. 2008/582, art. 2(a)

F2

S. 2B(8) omitted (1.10.2013) by virtue of Growth and Infrastructure Act 2013 (c. 27), ss. 28(2), 35(1); S.I. 2013/2143, art. 2(c)

Modifications

C1

S. 2B applied (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 5(2)

C2

S. 2B applied (8.5.2018) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(5), 12(2)

Notes on Part I

Modifications

C1

Pt. 1 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 81, Sch. 4

Pt. 1 applied (23.11.1995) by 1961 c. 33, s. 39(1) (as amended (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 4 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1))

C2

Pt. 1 applied (with modifications) (4.11.2024) by 1993 c. 28, s. 70(15) (as inserted by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 166(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d))