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Localism Act 2011, Section 133 is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Section 43 of the Planning Act 2008 (local authorities for the purposes of the consultation requirements in section 42) is amended as follows.
(2)In subsection (2) (provision requiring consultation with local authorities that share a boundary with the local authority (“B”) in whose area the development is to take place) before the “and” at the end of paragraph (a) insert—
“(aa)B is a unitary council or a lower-tier district council,”.
(3)After subsection (2) insert—
“(2A)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.”
(4)For subsection (3) (definition of local authority) substitute—
“(3)In this section—
“local authority” means—
a county council, or district council, in England;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
a county council, or county borough council, in Wales;
a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;
a National Park authority;
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.”
Commencement Information
I1S. 133 in force at 1.4.2012 by S.I. 2012/628, art. 7(a)
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