# The Town and Country Planning (Transitional Provisions) Order 1974, Article 4


(1) Any application relating to land in the area of a district planning authority for—
(a) planning permission or for any consent or approval under the Act of 1971 or any order or regulation made, or having effect as if made, under that Act (except an application for consent under a tree preservation order);
(b) a determination under section 53 of the Act of 1971 (applications to determine whether planning permission required);
(c) a certificate under section 94 of the Act of 1971 (certification of established use);
(d) a certificate under section 17 of the Land Compensation Act 1961 (certification of appropriate alternative development);
(e) a determination under section 2(1) of the Building Restrictions (War-Time Contraventions) Act 1946 (power to sanction war-time non-compliance with building laws or planning control);
made to an existing local planning authority before 1st April 1974 and not determined before that date shall be treated as having been made to that district planning authority on that date.
(2) Any period within which a local planning authority are required to give notice to an applicant of their decision or determination or of the reference of an application to the Secretary of State shall be treated as commencing on the date on which the application was made to the existing local planning authority.
(3) The district planning authority shall as soon as practicable notify the applicant of the name of the local planning authority to whom is transferred the function of determining an application to which paragraph 1 of this article applies except where this has already been done by or on behalf of an existing local planning authority.
(4) Any action taken by an existing local planning authority before 1st April 1974 in relation to such an application shall be treated as from that date as having been taken by the local planning authority to which the function of determining the application is transferred, except that where the existing local planning authority has consulted any other local authority which ceases to exist on that date about the application the local authority by whom the relevant function of that other local authority is exercisable on and after 1st April 1974 may require to be consulted.
(5) An application for planning permission made to an existing local planning authority by an existing county district council before 1st April 1974 and not determined before that date shall be treated as a proposal for development by the local authority by whom the function to which the planning permission applied for would relate becomes exercisable on and after that date.
(6) Any direction by the Secretary of State under paragraphs 4 and 7 of the Town and Country Planning (Development Plans) Direction 1965 to an existing local planning authority requiring an application to be made to him for permission for development by that authority which has not been complied with before 1st April 1974 shall have effect as if it required the local authority by whom the function to which the development relates becomes exercisable on and after that date to make such application for permission; and an application for permission made by an existing local planning authority in compliance with such a direction before 1st April 1974 and not determined before that date shall be treated as if made by that local authority.
(7) An application for planning permission made before 1st April 1974 by an existing local planning authority to the Secretary of State under regulation 11(2) of the Town and Country Planning General Regulations 1969 and not determined before that date shall be treated as if made by the local authority by whom the function to which the planning permission applied for would relate becomes exercisable on and after that date.

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Source: https://www.legislation.gov.uk/uksi/1974/459/article/4 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-transitional-provisions-order-1974/article-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

