The London Legacy Development Corporation (Planning Functions) Order 2012

Transitional provision: neighbourhood planning

9.—(1) Any step taken or started before the commencement date by a borough planning authority in relation to an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal transmitted to the LLDC under paragraph 8(3) shall be treated on and after that date as a step taken or started—

(a) in relation to the development area, or part of the development area, as corresponds to the area, or part of the area, to which that document relates, by the LLDC; and

(b) in relation to such of its area outside of the development area as corresponds to the area, or part of the area, to which the document relates, by the borough planning authority.

(2) Where the borough planning authority transmits an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal to the LLDC for determination under paragraph 8(3), the application shall be accompanied by a copy of any representations received by the borough planning authority concerning the application or proposal.

(3) Where any planning document has been, or is in the process of being, issued by the borough planning authority in relation to an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal before the day on which it is transmitted to the LLDC under paragraph 8(3), no further planning document shall be required to be issued by the LLDC solely because the application or proposal has been transmitted.

(4) Where a neighbourhood development plan proposal or order proposal transmitted to the LLDC under paragraph 8(3) has been submitted for examination under paragraph 7 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act(1)) before the commencement date and the person appointed to carry out that examination has not at that date made their recommendations—

(a) nothing in this Order shall prevent that person from deciding that the document meets the requirements set out in paragraph 8 of that Schedule; and

(b) that person must send their recommendations to both the LLDC and the borough planning authority.

(1)

Section 38A was inserted into the 2004 Act by section 116 of, and paragraph 7 of Part 2 of Schedule 9 to, the 2011 Act.