The London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011
| Jurisdiction | UK Non-devolved |
| Citation | SI 2011/549 |
2011 No. 549
Urban Development
The London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011
Made 28th February 2011
Laid before Parliament 7th March 2011
Coming into force 1st April 2011
The Secretary of State for Communities and Local Government, in exercise of the powers conferred by sections 149(1),(3),(11) and (13) of the Local Government, Planning and Land Act 19801, makes the following Order:
Citation and commencement
1. This Order may be cited as the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011 and shall come into force on 1st April 2011.
Interpretation
2. In this Order—
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 19902;
“the development corporation” means the London Thames Gateway Development Corporation;
“the relevant authority” means the authority which, but for the London Thames Gateway Development Corporation (Planning Functions) Order 20053, as unamended by this Order would be the local planning authority in accordance with Part 1 of the 1990 Act.
Amendment of Order
3. The London Thames Gateway Development Corporation (Planning Functions) Order 2005 is amended as follows.
Amendment relating to planning functions area
4. For article 3 substitute—
“3.—(1) The planning functions area is the development area excluding the area shaded grey on the maps.
(2) In paragraph (1), “the maps” means the set of maps numbered 1 and 2 entitled “Maps referred to in the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 20114, of which prints, signed by a Director in the Department for Communities and Local Government, are deposited and available for inspection at the offices of the Secretary of State, the development corporation and the London boroughs of Barking and Dagenham, Hackney, Havering, Newham and Tower Hamlets.”.
Transitional provisions in connection with planning functions
5.—(1) Subject to articles 6 and 7, this article applies as respects any planning functions which were transferred to the development corporation by the London Thames Gateway Development Corporation (Planning Functions) Order 2005 as unamended by this Order and in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for exercising those functions.
(2) Anything which before the date of coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions mentioned in paragraph (1) above may be continued after that date by, to or in relation to the relevant authority.
Transitional provisions in connection with planning applications
6.—(1) This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulations made or having effect under either of those Acts—
(a)
(a) which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and
(b)
(b) in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act5(reference of application to Secretary of State), to be the local planning authority responsible for determining the application.
(2) Except where the development corporation transmits the application to the relevant authority for determination in accordance with paragraph (3), subject to paragraph (6) the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
(3) The development corporation shall transmit to the relevant authority for determination—
(a)
(a) any application which it has resolved with the agreement of the applicant to transmit to the relevant authority; and
(b)
(b) any other application which it has not determined before 1st April 2011.
(4) Subject to paragraph (5), where the development corporation transmits an application to the relevant authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the...
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