Explanatory note

This Order makes transitional provisions consequential on the Local Government Act 1972 in relation to the control of development under the Town and Country Planning Act 1971. These provisions are rendered necessary by the establishment of new local planning authorities in England and Wales on 1st April 1974. The Order does not apply to Greater London.

The principal matters covered by this Order are:—

(a) any application for a permission, consent or determination made to an existing local planning authority under the Town and Country Planning Act 1971 is to be treated as having been made to the new district planning authority, who are to inform the applicant which authority will determine the application;

(b) any order under section 60 (tree preservation orders) made by an existing local planning authority (unless the new local planning authorities for the area otherwise agree before 1st April 1974) is to be treated, if made by an existing county council, as made by the new county planning authority for the area and, if made by an existing county borough council or county district council, as made by the new district planning authority for the area;

(c) any notice under section 65 (proper maintenance of waste land), if served by an existing county council, is to have effect as if served by the new county planning authority and if served by an existing county borough council or county district council, as if served by the new district planning authority;

(d) orders made under section 121 (appropriation of land forming part of a common etc.) are to be treated as if made by the authority in whom the land vests on 1st April 1974.