Article 7 Transitional provision: applications to local planning authorities

(1)

This article applies to any application for planning permission or for a consent, approval or determination under the 1990 Act, or under any order or regulation made or having effect under that Act which—

(a)

is for development—

(i)

in the central planning functions area not of a kind specified in article 4; or

(ii)

in the outer planning functions area of a kind specified in article 5; and

(b)

was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and

(c)

has not been determined when this Order comes into force.

(2)

The previous authority must transmit any application referred to in paragraph (1) to the development corporation for determination.

(3)

Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the development corporation from the applicant on the day on which it is transmitted to the corporation.

(4)

If, after this Order comes into force—

(a)

an application is made to an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority—

(i)

for all development in the central planning functions area except of a kind specified in article 4; or

(ii)

for development in the outer planning functions area of a kind specified in article 5; and

(b)

the authority consider the application is—

(i)

in relation to land in the central planning functions area and for development other than for a kind specified in article 4; or

(ii)

in relation to land in the outer planning functions area and for development of a kind specified in article 5,

that authority must transmit that application to the development corporation for determination.

(5)

Where an appeal is made to the Secretary of State under section 78 of the 1990 Act^f1 against a decision or determination made in relation to land within the central or outer planning functions areas by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall—

(a)

continue to be the local planning authority for the purposes of the appeal; and

(b)

shall notify the development corporation of the appeal and transmit to the First Secretary of State any representation received from the development corporation.

Annotations

Footnotes

f1: Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c. 34), and by section 40(2)(e) of the Planning and Compensation Act 2004 (c. 5).