The Town and Country Planning (Local Government Reorganisation) (Miscellaneous Amendments) Order 1986

Article 2

SCHEDULE 1 AMENDMENT OF THE TOWN AND COUNTRY PLANNING GENERAL DEVELOPMENT ORDER 1977

1.  In article 2(1),—

(i) in the definition of “local authority”, the words “the Greater London Council,” shall be omitted; and

(ii) the definition of “local planning authority” shall be omitted.

2.  In article 4, for paragraphs (10) and (11) there shall be substituted—

“(10) In this article “appropriate local planning authority” means —

(a) in relation to a conservation area in a non-metropolitan county, either the county planning authority or the district planning authority; and

(b) in relation to any other area, the local planning authority whose function it would be to determine an application for planning permission for the development to which the direction under this article relates or is proposed to relate.

   

(11) On making a direction under this article or submitting such a direction to the Secretary of State for approval—

(a) a county planning authority shall give notice thereof to the district planning authority in whose area the land to which the direction relates is situated; and

(b) a district planning authority shall give notice thereof to the county planning authority.”.

3.  In article 5, in the proviso to paragraph (2) for the words from the beginning to “opinion” there shall be substituted—

“Provided that where—

(a) the local planning authority, or

(b) where the application is made to one authority but falls to be determined by another, either of those authorities,

are of the opinion”.

4.  In article 7, for paragraphs (1) and (2) there shall be substituted—

“(1) Any application made under article 5 or 6 shall—

(a) where the land is in Greater London or a metropolitan county, be made to the local planning authority;

(b) where the land is situated elsewhere, be made to the district planning authority.”.

5.  In article 11, in paragraphs (1)(v) and (2B)(a), after “Greater London” in each place where those words occur there shall be inserted the words “or a metropolitan county”.

6.  In article 12, there shall be added at the end of paragraph (4) the words “or (except within a National Park) to a metropolitan county”.

7.  In article 15—

(i) for sub-paragraph (a) of paragraph (1) there shall be substituted—

“(a) where it appears to that authority that the development is likely to affect land outside their area—

(i) where that land is outside Greater London or a National Park, with the district council;

(ii) where that land is in Greater London, with the Common Council or the council of the London borough, as the case may be;

(iii) where that land is in a National Park, with the county planning authority or, in a metropolitan county, with the local planning authority;”;

(ii) there shall be added at the end of paragraph (1)—

“(j) where the development is of land in Greater London and would in the opinion of the local planning authority, involve the demolition, in whole or in part; or the material alteration, of a building which is on a list of buildings of special architectural or historic interest compiled in pursuance of section 54 of the Act with the Historic Buildings and Monuments Commission for England.”;

and

(iii) paragraph (3) shall be omitted.

8.  In article 17,—

(i) for paragraph (1) there shall be substituted—

“(1) A district planning authority or, in a metropolitan county, a local planning authority, on receiving any application of which the council of a parish or community are entitled to be informed; shall as soon as practicable notify that council of the application. In the case of a district planning authority, that authority shall at the same time notify that council of the name of the local planning authority who will determine the application and shall notify that authority, if not the district planning authority, of the date on which they give such notification.”;

and

(ii) in paragraph (4), after the words “district planning authority” there shall be inserted the words “or, in a metropolitan county, the local planning authority”.

9.  In article 21(1), for sub-paragraph (a) there shall be substituted—

“(a) “the local planning register authority” means —

(i) the district planning authority (except in Greater London, a metropolitan county or a National Park);

  

(ii) in Greater London or a metropolitan county, the local planning authority; and

  

(iii) in a National Park (except in a metropolitan county), the county planning authority;”.

10.  In article 21A,—

(i) in paragraph (1) after the words “every council of” there shall be inserted the words “a metropolitan district or”; and

(ii) paragraph (5) shall be omitted.

11.  In article 22, in paragraphs (6) and (7), after the words “Greater London” there shall be inserted the words “or a metropolitan county”.

12.  In Schedule 1,—

(i) in the proviso in the entry for Class XII and in the condition against each of paragraphs D(v) and E(vi) in the entry for Class XVIII—

(a)

after the words “Greater London” in the first place where they occur there shall be inserted the words “, a metropolitan county”;

(b)

after the words “Greater London” in the second place where they occur there shall be inserted the words “or a metropolitan county”; and

(c)

after the words “National Park” in the second place where they occur there shall be inserted the words “outside a metropolitan county”;

(ii) in the entry for Class XIV (and in its title), the words “or the Greater London Council” shall be omitted;

(iii) in the entry for Class XIX, in the proviso to paragraph 2 for the words from “local planning authority” to “county planning authority” there shall be substituted the words “minerals planning authority”; and

(iv) in the entry for Class XX, for the words “county planning authority” in each place where they occur there shall be substituted the words “minerals planning authority”.