The London Legacy Development Corporation (Planning Functions) Order 2012

Interpretation

2.  In this Order—

“the 1980 Act” means the Local Government, Planning and Land Act 1980;

“the 1990 Act” means the Town and Country Planning Act 1990(1);

“the 2004 Act” means the Planning and Compulsory Purchase Act 2004(2);

“area application” means an application for the designation of a neighbourhood development area made under section 61G of the 1990 Act(3);

“borough planning authority” means a council of a London Borough which ceases, by virtue of section 7A(2) of the 1990 Act(4) and article 3 of this Order, to be the local planning authority for a part of the development area;

“commencement date” means 1^st October 2012;

“the development area” means the area of land described as a Mayoral development area, and in relation to which a Mayoral development corporation is established, by the London Legacy Development Corporation (Establishment) Order 2012(5);

“development plan document” means a document plan document for the purposes of section 37(3) of the 2004 Act(6);

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(7);

“the LLDC” means the body corporate known as the London Legacy Development Corporation established by article 3 of the London Legacy Development Corporation (Establishment) Order 2012;

“local development order” means a local development order within the meaning of Part 3 of the 1990 Act;

“the LTGDC” means the body corporate known as the London Thames Gateway Development Corporation established by article 3 of the London Thames Gateway Development Corporation (Area and Constitution) Order 2004(8);

“neighbourhood development order” means a neighbourhood development order for the purposes of section 61E of the 1990 Act(9);

“neighbourhood development plan” means a neighbourhood development plan for the purposes of section 38A(2) of the 2004 Act(10);

“neighbourhood development plan proposal” means a proposal for a neighbourhood development plan submitted by a qualifying body(11) under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act(12));

“neighbourhood forum application” means an application for designation of a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act(13);

“the ODA” means the body corporate known as the Olympic Delivery Authority established by section 3 of the London Olympic Games and Paralympic Games Act 2006(14);

“order proposal” means a proposal for a neighbourhood development order submitted by a qualifying body(15) under paragraph 1 of Schedule 4B to the 1990 Act or community right to build order submitted by a community organisation(16) under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act(17);

“planning document” means any notice, certificate, publicity, consultation or other document pertaining to the exercise of functions under the 1990 Act, the 2004 Act, the Listed Buildings Act or any order or regulation having effect under those Acts.

“supplementary planning document” has the same meaning as regulation 2(1) of the Town and Country Planning (Local Planning) (England) Regulations 2012(18);

“the Tree Preservation Regulations” means the Town and Country Planning (Tree Preservation) (England) Regulations 2012(19); and

“urban development corporation” means an urban development corporation established under Part 16 of the 1980 Act(20).

(1)

1990 c.8.

(2)

2004 c.5.

(3)

Section 61G was inserted by section 116(1) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the 2011 Act.

(4)

Section 7A was inserted by section 222 of, and paragraphs 30 and 32 of Schedule 22 to, the 2011 Act.

(5)

S.I. 2012/310.

(6)

Section 37(3) was substituted by section 180(1) and (6)(b) of the Planning Act 2008 (c.29).

(7)

1990 c.9.

(8)

S.I. 2004/1642.

(9)

Section 61E was inserted by section 116(1) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the 2011 Act.

(10)

Section 38A was inserted by section 116(1) of, and paragraphs 5 and 7 of Part 2 of Schedule 9 to, the 2011 Act.

(11)

For the purposes of neighbourhood development plans the definition of “qualifying body” is in section 38A(12) of the 2004 Act (as inserted by section 116 of, and paragraph 7 of Part 2 of Schedule 9 to, the 2011 Act).

(12)

Schedule 4B was inserted by section 116(2) of, and Schedule 10 to, the 2011 Act.

(13)

Section 61F was inserted by section 116(1) of, and paragraphs 1 and 2 of Part 1 of Schedule 9 to, the 2011 Act.

(14)

2006 c.12.

(15)

For the purposes of neighbourhood development orders, the definition of “qualifying body” is in section 61E(6) of the 1990 Act (inserted by paragraph 2 of Schedule 9 to the 2011 Act). A “community organisation” is to be regarded as a qualifying body (see paragraph 4(2) of Schedule 4C to the 1990 Act) (as inserted by Schedule 11 to the 2011 Act).

(16)

The definition of “community organisation” is in paragraph 3 of Schedule 4C to the 1990 Act.

(17)

Schedule 4C was inserted by section 116(3) of, and Schedule 11 to, the 2011 Act.

(18)

S.I. 2012/767.

(19)

S.I. 2012/605.

(20)

1980 c.65.