The London Legacy Development Corporation (Planning Functions) Order 2012

JurisdictionUK Non-devolved
CitationSI 2012/2167

2012 No. 2167

Urban Development

The London Legacy Development Corporation (Planning Functions) Order 2012

Made 20th August 2012

Laid before Parliament 28th August 2012

Coming into force 1st October 2012

The Secretary of State for Communities and Local Government, in exercise of the powers conferred by section 149(1), (3), (11) and (13) of the Local Government, Planning and Land Act 19801and sections 198(2)(c) and 235(2)(b) of the Localism Act 20112makes the following Order.

The Mayor of London has notified the Secretary of State of the functions in relation to town and country planning which he has decided the London Legacy Development Corporation is to have pursuant to section 202(8)(b) of the Localism Act 2011.

Citation and commencement
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the London Legacy Development Corporation (Planning Functions) Order 2012 and shall come into force on 1st October 2012.

Interpretation
S-2 Interpretation

Interpretation

2. In this Order—

the 1980 Act” means the Local Government, Planning and Land Act 1980;

the 1990 Act” means the Town and Country Planning Act 19903;

“the 2004 Act” means the Planning and Compulsory Purchase Act 20044;

“area application” means an application for the designation of a neighbourhood development area made under section 61G of the 1990 Act5;

“borough planning authority” means a council of a London Borough which ceases, by virtue of section 7A(2) of the 1990 Act6and article 3 of this Order, to be the local planning authority for a part of the development area;

“commencement date” means 1st October 2012;

“the development area” means the area of land described as a Mayoral development area, and in relation to which a Mayoral development corporation is established, by the London Legacy Development Corporation (Establishment) Order 20127;

“development plan document” means a document plan document for the purposes of section 37(3) of the 2004 Act8;

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 19909;

“the LLDC” means the body corporate known as the London Legacy Development Corporation established by article 3 of the London Legacy Development Corporation (Establishment) Order 2012;

“local development order” means a local development order within the meaning of Part 3 of the 1990 Act;

“the LTGDC” means the body corporate known as the London Thames Gateway Development Corporation established by article 3 of the London Thames Gateway Development Corporation (Area and Constitution) Order 200410;

“neighbourhood development order” means a neighbourhood development order for the purposes of section 61E of the 1990 Act11;

“neighbourhood development plan” means a neighbourhood development plan for the purposes of section 38A(2) of the 2004 Act12;

“neighbourhood development plan proposal” means a proposal for a neighbourhood development plan submitted by a qualifying body13under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act14);

“neighbourhood forum application” means an application for designation of a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act15;

“the ODA” means the body corporate known as the Olympic Delivery Authority established by section 3 of the London Olympic Games and Paralympic Games Act 200616;

“order proposal” means a proposal for a neighbourhood development order submitted by a qualifying body17under paragraph 1 of Schedule 4B to the 1990 Act or community right to build order submitted by a community organisation18under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act19;

“planning document” means any notice, certificate, publicity, consultation or other document pertaining to the exercise of functions under the 1990 Act, the 2004 Act, the Listed Buildings Act or any order or regulation having effect under those Acts.

“supplementary planning document” has the same meaning as regulation 2(1) of the Town and Country Planning (Local Planning) (England) Regulations 201220;

“the Tree Preservation Regulations” means the Town and Country Planning (Tree Preservation) (England) Regulations 201221; and

“urban development corporation” means an urban development corporation established under Part 16 of the 1980 Act22.

Planning functions of the London Legacy Development Corporation
S-3 Planning functions of the London Legacy Development Corporation

Planning functions of the London Legacy Development Corporation

3. Subject to articles 9 and 10 the LLDC shall be the local planning authority for the development area for the purposes of—

(a) Part 3 of the 1990 Act; and

(b) Parts 2 and 3 of the 2004 Act.

Additional functions conferred on the London Legacy Development Corporation

Additional functions conferred on the London Legacy Development Corporation

S-4 In relation to the development area the LLDC shall have the...

4. In relation to the development area the LLDC shall have the functions conferred by the provisions of the 1990 Act and the Listed Buildings Act specified in Part 1 of Schedule 29 to the 1980 Act23.

S-5 In relation to the development area the LLDC shall have the...

5. In relation to the development area the LLDC shall have the functions conferred by Schedule 8 to the Electricity Act 198924so far as applying to applications for consent under section 37 of that Act25.

Modification of references to urban development corporations
S-6 Modification of references to urban development corporations

Modification of references to urban development corporations

6.—(1) For the purpose of exercising functions transferred by this Order, any reference in a statutory instrument to an urban development corporation shall, so far as is required for giving effect to the enactment, be construed as including a reference to the LLDC.

(2) In paragraph (1) “statutory instrument” means any statutory instrument to which the Statutory Instruments Act 194626applies (whenever the instrument is passed or made).

(3) In particular, for the purposes of exercising functions transferred by this Order regulation 9AA of the Town and Country Planning General Regulations 199227shall, so far as is required for giving effect to that regulation, be read as if the reference to an urban development corporation includes a reference to the LLDC.

Modification of the 1990 Act and the Listed Buildings Act
S-7 Modification of the 1990 Act and the Listed Buildings Act

Modification of the 1990 Act and the Listed Buildings Act

7. The provisions of the 1990 Act and the Listed Buildings Act specified in Part 2 of Schedule 29 to the 1980 Act28shall have effect in relation to the LLDC and to the development area with the modifications specified in that Part.

Revocation of the planning functions of the LTGDC and ODA
S-8 Revocation of the planning functions of the LTGDC and ODA

Revocation of the planning functions of the LTGDC and ODA

8. The following Orders are revoked—

Transitional provisions

Transitional provisions

S-9 Schedule 1 makes transitional provision in relation to...

9. Schedule 1 makes transitional provision in relation to functions exercised by borough planning authorities prior to the commencement date.

S-10 Schedule 2 makes transitional provision in relation to the...

10. Schedule 2 makes transitional provision in relation to the revocation of the planning functions of the ODA and the LTGDC.

Andrew Stunell

Parliamentary Under Secretary of State

Department for Communities and Local Government

20th August 2012

SCHEDULES

SCHEDULE 1

Article 9

Transitional provisions relation to planning functions exercised by borough planning authorities prior to the commencement date

SCH-1.1

1. Transitional provisions in connection with planning functions

(1) Subject to paragraphs 2 to 9 of this Schedule, this paragraph applies as respects any functions which are transferred to the LLDC by virtue of this Order and in respect of which a borough planning authority ceases to be the local planning authority responsible for exercising those functions.

(2) Anything which before the commencement date was in the process of being done by, to or in relation to the borough planning authority in connection with any of the functions mentioned in paragraph (1) may be continued after that date by, to or in relation to the LLDC and, if continued, shall be treated has having been done by, to or in relation to the LLDC.

(3) Nothing in paragraph (2) requires the LLDC to continue with any step mentioned in that paragraph.

SCH-1.2

2. Transitional arrangements: planning applications

(1) This paragraph applies as respects any application for planning permission or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which—

(a)

(a) relates in whole or in part to land in the development area;

(b)

(b) was made before the commencement date to a borough planning authority; and

(c)

(c) has not been determined by that date.

(2) The borough planning authority must transmit any application referred to in paragraph (1) to the LLDC for determination.

(3) Where the borough planning authority transmits an application to the LLDC for determination, the borough planning authority shall notify the applicant that the LLDC is to be the local planning authority for the application.

(4) Where the borough planning authority transmits an application to the LLDC for determination, the application shall be...

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