The Ebbsfleet Development Corporation (Planning Functions) Order 2015

Transitional provision: planning applications

2.—(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) relates in whole or in part to any land in the development area;

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

(c) has not been determined by the commencement date.

(2) Subject to sub-paragraph (3), the previous authority must transmit any application to which this paragraph applies to the development corporation for determination.

(3) Where an application to which this paragraph applies is the subject of a direction made (whether before or after the commencement date) by the Secretary of State under section 77 of the 1990 Act or section 12 of the Listed Buildings Act requiring that the application be referred to the Secretary of State, the previous authority continues to be the local planning authority in respect of the application—

(a) for the purposes of section 77 of the 1990 Act or section 12 of the Listed Buildings Act (as the case may be); and

(b) for the purposes of any Planning Inquiry Commission constituted by the Secretary of State under section 101 of the 1990 Act to inquire into the application.

(4) Where sub-paragraph (3) applies, the previous authority must notify the development corporation of the direction and transmit to the Secretary of State any representations received from the development corporation.

(5) Where the previous authority transmits an application to which this paragraph applies to the development corporation for determination—

(a) the previous authority must notify the applicant that the development corporation is to be the local planning authority for the application;

(b) the application must be accompanied by a copy of any representations received concerning the application; and

(c) the application must be treated as received by the development corporation from the applicant on the day on which it is transmitted to the development corporation.

(6) Where any planning document has been, or is in the process of being, issued by the previous authority in relation to an application to which this paragraph applies before the day on which it is transmitted to the development corporation, no further planning document is required to be issued by the development corporation solely as a result of the transfer of functions to the development corporation by this Order.