Localism Act 2011

202 Functions in relation to Town and Country Planning E+W

(1) Subsections (2) to (4) apply if the Mayor designates a Mayoral development area.

(2) The Mayor may decide that the MDC for the area (“the MDC”) is to be the local planning authority, for the whole or any portion of the area, for the purposes of any one or more of the following—

(a) Part 3 of the Town and Country Planning Act 1990,

(b) Part 2 of the Planning and Compulsory Purchase Act 2004, and

(c) Part 3 of that Act.

(3) The Mayor may decide that the MDC is to have, in the whole or any portion of the area, the functions conferred on the local planning authority by the provisions mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980.

(4) The Mayor may decide that the MDC is to have, in the whole or any portion of the area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as applying to applications for consent under section 37 of that Act.

(5) If the Mayor makes a decision under subsection (3), the Mayor may decide that the provisions specified in Part 2 of Schedule 29 to the Local Government, Planning and Land Act 1980 are to have effect, in relation to land in the whole or any portion of the area and to the MDC, subject to the modifications specified in that Part of that Schedule.

(6) The Mayor may, at any time before the order establishing the MDC is made, decide that a decision under any of subsections (2) to (5) (whether as originally made or as varied under this subsection) should be subject to variations specified in the decision under this subsection.

(7) The Mayor may make a decision under any of subsections (2) to (6) only if—

(a) the Mayor has consulted the persons specified by section 197(4) in relation to the area,

(b) the Mayor has had regard to any comments made in response by the consultees, and

(c) in the event that those comments include comments made by the London Assembly or an affected local authority that are comments that the Mayor does not accept, the Mayor has published a statement giving the reasons for the non-acceptance.

In paragraph (c) “affected local authority” means a person specified by section 197(4)(d), (e), (f) or (g) in relation to the area.

(8) If the Mayor makes a decision under any of subsections (2) to (6), the Mayor must—

(a) publicise the decision, and

(b) notify the Secretary of State of the decision.

(9) A decision under subsection (2), or a decision under subsection (6) varying a decision under subsection (2), may make different provision for different portions of the area.

(10) For the purposes of subsection (6) “variation”, in relation to a decision, includes a variation that involves—

(a) revocation of all or part of the decision, or

(b) substitution of something new for all or part of the decision, including substitution of something wholly unlike what it replaces.

Modifications etc. (not altering text)

C1 Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(1), Sch. 6 (with art. 9)

C2 Pt. 8 Ch. 2 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 40(2), Sch. 6 (with art. 9)

C3 Pt. 8 Ch. 2 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 11(1)(2), Sch. 3

C4 S. 202: functions made exercisable (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 10 (with Sch. 1 para. 4(13))

C5 S. 202: functions made exercisable (7.5.2024) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(3), 27(1)-(3)

C6 S. 202(8) applied (8.5.2017) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/612), arts. 1(3), 4(5)