Part 6 E+W+SDeciding applications for orders granting development consent

Chapter 4 E+W+SExamination of applications under Chapter 2 or 3

[F1 88ALocal authorities for the purposes of section 88(3)(d) E+W+S

(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.]

Textual Amendments

F1 S. 88A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)