Article 26 Mayor of London: PSI applicationsI1
England and Wales
This article applies to a relevant application in relation to land in Greater London if it is an application for planning permission for development which the Secretary of State considers falls within a category set out in Part 1 or 2 of the Schedule to the Town and Country Planning (Mayor of London) Order 2008f1 (“a PSI application”).
The Secretary of State must, as soon as reasonably practicable after receiving a PSI application, notify the Mayor of London of the application and send to him at his principal office—
a copy of the application; and
a copy of any plans, drawings or other documents submitted by the applicant in support of the application.
The Mayor of London must, within 6 weeks of the date of the notification under paragraph (2), provide the Secretary of State with a statement setting out—
whether he considers that the PSI application complies with the spatial development strategy; and
his reasons for taking that view.
Subject to paragraph (5), the Secretary of State must not determine a PSI application to which this article applies until the period referred to in paragraph (3) has elapsed beginning with the date of the notification given to the Mayor of London under paragraph (2).
Paragraph (4) does not apply with respect to a particular PSI application where the Mayor of London provides the statement referred to in paragraph (3) before the end of the period mentioned in that paragraph or has notified the Secretary of State in writing that he does not wish to be consulted pursuant to this article in relation to that application
The Mayor of London may give to the Secretary of State a direction under section 2A of the 1990 Act if he considers that—
the development or any of the issues raised by the development to which a PSI application relates is of such a nature or scale that it would have a significant impact on the implementation of the spatial development strategy;
the development or any of the issues raised by the development to which the application relates has significant effects that are likely to affect more than one London Borough; and
there are sound planning reasons for issuing a direction.
In deciding whether to give a direction the Mayor of London must take account —
where the PSI application relates to development which falls within Category 1A of the Schedule to the Town and Country Planning (Mayor of London) Order 2008, of the extent to which the council of the London Borough in which the development is or is to be situated is achieving, and has achieved the applicable development plan targets for new housing, including affordable housing;
in relation to all PSI applications, of the extent to which the council of the London Borough is achieving, and has achieved any other targets set out in the development plan which are relevant to the subject matter of the application.
Where a PSI application for development which falls within Category 1A of the Schedule to the Town and Country Planning (Mayor of London) Order 2008 is referred to the Mayor of London, paragraph (6)(b) does not apply.
A direction referred to in paragraph (6) must be given within the period referred to in paragraph (3).
In giving reasons for making a direction the Mayor must specify how the matters set out in paragraph (7) have affected his decision.
The Mayor of London must, at the time that he gives a direction to the Secretary of State referred to in paragraph (6), send a copy of that direction to the local planning register authority and the authority must place it on the register required to be kept by article 36 of the 2010 Order within 14 days of receiving it.
Annotations
Commencement
Footnotes
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S.I. 2008/580. There are amendments to the instrument which are not relevant to this Order.