The Urban Development Corporations (Planning Functions) Order 2012

• Citation: S.I. 2012/535
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Urban Development Corporations (Planning Functions) Order 2012 and shall come into force on 31st March 2012.

(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 1990 ;

“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;

“the authority” means, in relation to each Corporation the authority which but for an order made under section 149 of the 1980 Act would be the local planning authority for the development area (or part of it), within the meaning of section 336(1) of the 1990 Act;

“Corporation” means either of the following—

the Thurrock Development Corporation; and

the West Northamptonshire Development Corporation; and

“development area” in relation to a Corporation means the area for which the Corporation was established and which was designated as an urban development area by an order made under section 134 of the 1980 Act .

Section 2 Revocation of planning functions orders

The following Orders are revoked—

(a) the Thurrock Development Corporation (Planning Functions) Order 2005 ;

(b) the West Northamptonshire Development Corporation (Planning Functions) Order 2006 ; and

(c) the West Northamptonshire Development Corporation (Planning Functions) (Amendment) Order 2011.

Section 3 Transitional provisions in connection with planning functions

Subject to articles 4 and 5, anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions transferred to it under the Orders revoked by this Order, may be continued after that date by, to or in relation to the authority.

Section 4 Transitional provisions in connection with planning applications

(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) which, before the date of the coming into force of this Order, was duly made to the Corporation and which has not been determined before that date, and

(b) in respect of which the Corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act to be the local planning authority responsible for determining the application.

(2) The Corporation shall transmit any application to which this article applies to the authority for determination.

(3) Subject to paragraph (4), where the Corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the Corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.

(4) Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (3) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.

(5) Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Listed Buildings Act in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.

(6) The authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act—

(a) where the Corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and

(b) in any other case, where the application has not been determined before the date of the coming into force of this Order or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.

Section 5 Liability for compensation in connection with planning functions; section 106 obligations

(1) Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within a development area by a Corporation, the authority shall be liable for any compensation which is payable.

(2) Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before that date, which relates to land within a development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.

(3) A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act before the date of the coming into force of this Order which identifies the Corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.