Part 5Applications for orders granting development consent

Chapter 2Pre-application procedure

I143F1Local authorities for purposes of section 42(1)(b)

1

A local authority is within this section if the land is in the authority's area.

2

A local authority (“A”) is within this section if—

a

the land is in the area of another local authority (“B”),

F2aa

B is a unitary council or a lower-tier district council, and

b

any part of the boundary of A's area is also a part of the boundary of B's area.

F32A

If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

a

D is not a lower-tier district council, and

b

any part of the boundary of D's area is also part of the boundary of C's area.

F43

In this section—

  • “local authority” means—

    1. a

      a county council, or district council, in England;

    2. b

      a London borough council;

    3. c

      the Common Council of the City of London;

    4. d

      the Council of the Isles of Scilly;

    5. e

      a county council, or county borough council, in Wales;

    6. f

      a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

    7. g

      a National Park authority;

    8. h

      the Broads Authority;

  • “lower-tier district council” means a district council in England for an area for which there is a county council;

  • “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • “upper-tier county council” means a county council in England for each part of whose area there is a district council.