Part 6Deciding applications for orders granting development consent

Chapter 4Examination of applications under Chapter 2 or 3

88AF1Local authorities for the purposes of section 88(3)(d)

1

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

a

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

b

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

c

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

2

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.

3

In this section—

  • “the land” means the land to which the application relates or any part of that land;

  • “local authority” has the meaning given in section 102(8);

  • “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.