Town and Country Planning Act 1990

Part I — Planning Authorities

Local planning authorities: general.

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• (1) In a non-metropolitan county—

• (a) the council of a county is the county planning authority for the county, and

• (b) the council of a district is the district planning authority for the district,

and references in the planning Acts to a local planning authority in relation to a non-metropolitan county shall be construed, subject to any express provision to the contrary, as references to both the county planning authority and the district planning authorities.

• (1A) Subsection (1) does not apply in relation to Wales.

• (1B) In Wales—

• (a) the local planning authority for a county is the county council; and

• (b) the local planning authority for a county borough is the county borough council.

• (2) The council of a metropolitan district is the local planning authority for the district and the council of a London borough is the local planning authority for the borough. But, in the case of a London borough, see also sections 2A to 2E (Mayor of London).

• (3) In England (exclusive of the metropolitan counties, Greater London and the Isles of Scilly) . . . all functions conferred on local planning authorities by or under the planning Acts shall be exercisable both by county planning authorities and district planning authorities.

• (4) In this Act “mineral planning authority” means—

• (a) in respect of a site in a non-metropolitan county, the county planning authority; and

• (b) in respect of a site in a metropolitan district or London borough, the local planning authority.

• (4A) Subsection (4) does not apply in relation to Wales.

• (4B) As to any site in Wales, the local planning authority is also the mineral planning authority.

• (5) This section has effect subject to any express provision to the contrary in the planning Acts and, in particular—

• (a) this section has effect subject to sections 4Ato8A of this Act . . .; and

• (b) subsections (1) to (2) have effect subject to sections 2 and 9; and

• (c) subsection (3) has effect subject to . . . Schedule 1 (which contains provisions as to the exercise of certain functions under this Act by particular authorities and liaison between them) and Part 1A of Schedule 7A (Biodiversity Gain in England: Local Planning Authority).

• (6) The exercise, in relation to Wales, of functions conferred on local planning authorities is subject to . . . Schedule 1A.

Joint planning boards.

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• (1) If it appears to the Secretary of State that it is expedient that a joint board should be established as the county planning authority for the areas or parts of the areas of any two or more county councils or as the district planning authority for the areas or parts of the areas of any two or more district councils, he may by order—

• (a) constitute those areas or parts as a united district for the purposes of this Act; and

• (b) constitute a joint board . . . as the county planning authority or, as the case may be, the district planning authority for that united district.

• (1A) Subsection (1) does not apply in relation to Wales.

• (1B) If it appears to the Secretary of State that it is expedient that a joint board should be established as the local planning authority for two or more areas, each of which is the whole or part of a Welsh county or county borough, he may by order—

• (a) constitute those areas or parts as a united district for the purposes of this Act; and

• (b) constitute a joint board as the local planning authority for that united district.

• (1C) A joint board constituted under subsection (1) or (1B) shall be known as a “joint planning board”.

• (1D) The areas that may be constituted as a united district for the purposes of this section shall not include the whole or any part of an area which is comprised in a National Park for which there is a National Park authority.

• (2) The Secretary of State shall not make an order under subsection (1) or (1B) except after holding a local inquiry unless all the councils concerned have consented to the making of the order.

• (3) Where a joint planning board is constituted for a united district, references in the planning Acts to the area of a local planning authority—

• (a) in relation to the board, shall be construed as references to that district; and

• (b) in relation to any local planning authority being the council of a county or county borough or district of which part (but not the whole) is included in the united district, shall be construed as references to so much of the county or county borough or district as is not so included.

• (4) A joint planning board constituted by an order under subsection (1) or (1B) shall consist of such number of members as may be determined by the order, to be appointed by the constituent councils.

• (5) A joint planning board so constituted shall be a body corporate, with perpetual succession and a common seal.

• (6) An order constituting a joint planning board and any order amending or revoking any order constituting a joint planning board—

• (a) may, without prejudice to the provisions of section 241 of the Local Government Act 1972 (which authorises the application of the provisions of that Act to joint boards), provide for regulating the appointment, tenure of office and vacation of office of members of the board, for regulating the meetings and proceedings of the board, and for the payment of the expenses of the board by the constituent councils;

• (b) may provide for the transfer and compensation of officers, the transfer of property and liabilities, and the adjustment of accounts and apportionment of liabilities;

• (c) may contain such other provisions as appear to the Secretary of State to be expedient for enabling the board to exercise their functions; and

• (d) may apply to the board, with any necessary modifications and adaptations, any of the provisions of sections 102 and 103 of the Local Government Act 1972.

• (6A) Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.

• (6B) The provisions referred to in subsection (6A) above are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.

• (7) This section shall have effect subject to sections 5 to 9 of this Act . . ..

The Mayor of London: applications of potential strategic importance

2A

• (1) Where an application to which this section applies is made to a local planning authority—

• (a) for planning permission or permission in principle (see section 70), or

• (b) for planning permission without complying with conditions subject to which a previous planning permission was granted (see section 73),

the Mayor of London may direct that he is to be the local planning authority for the purposes of determining the application.

• (1A) Subsection (1) does not apply if the local planning authority is a Mayoral development corporation.

• (1B) Where this section applies to an application for planning permission or permission in principle made to the Secretary of State under section 62A, the Mayor of London may direct—

• (a) that the application is to be treated as having been made to the local planning authority (and not to the Secretary of State under section 62A), and

• (b) that the Mayor of London is to be the local planning authority for the purposes of determining the application.

• (2) The circumstances in which, and the conditions subject to which, the Mayor may give a direction under subsection (1) or (1B) may be prescribed by, or by directions given under, an order under this section.

• (3) This section applies to an application if—

• (a) the land to which the application relates is in Greater London (but is not in an area of Greater London prescribed by an order under this section), and

• (b) the application is an application of potential strategic importance.

• (4) For the purposes of this section “application of potential strategic importance” is to be construed in accordance with an order under this section.

• (5) So far as the context requires, in relation to—

• (a) the determination of an application by virtue of this section, or

• (b) the determination of a connected application by virtue of section 2B,

any reference in an enactment to a local planning authority or a hazardous substances authority includes a reference to the Mayor of London.

This subsection is subject to any provision made by an order under this section by virtue of section 2D(2).

• (6) An order under this section—

• (a) may make different provision for different cases or different areas;

• (aa) may prescribe matters by reference to the spatial development strategy, or a local plan, document which is or forms part of a minerals and waste plan or supplementary plan (within the meaning of Part 2 of the Planning and Compulsory Purchase Act 2004), as it has effect from time to time;

• (b) may make provision for exceptions or exclusions.

• (7) Sections 2B to 2D and 2F contain provisions supplementing this section.

Section 2A: supplementary provisions

2B

• (1) In deciding whether to give a direction under section 2A, the Mayor of London is to have regard to guidance issued by the Secretary of State.

• (2) A direction under section 2A must include the Mayor of London's reasons for giving it.

• (3) If the Mayor of London gives a direction under section 2A, he must at that time send a copy of the direction to the applicant and to the Secretary of State.

• (4) Subsection (5) applies where the Mayor of London—

• (a) gives a direction under section 2A in the case of any application, and

• (b) considers that an application falling within subsection (6) (the “connected application”) is connected with that application.

• (5) Where this subsection applies, the Mayor of London is to be—

• (a) the local planning authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(a) or (b)), or

• (b) the hazardous substances authority for the purposes of determining the connected application (in the case of an application falling within subsection (6)(c)).

• (6) The applications are—

• (a) an application for listed building consent under the Planning (Listed Buildings and Conservation Areas) Act 1990,

• (b) an application for conservation area consent under that Act,

• (c) an application for hazardous substances consent under the Planning (Hazardous Substances) Act 1990.

• (7) In subsection (6)—

• (a) the reference to an application for listed building consent includes a reference to an application for the variation or discharge of conditions subject to which listed building consent has been granted, and

• (b) the reference to an application for hazardous substances consent includes a reference to an application for hazardous substances consent without a condition subject to which a previous hazardous substances consent was granted.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Matters reserved for subsequent approval

2C

• (1) If the Mayor of London has—

• (a) given a direction under section 2A in relation to an application (“the original application”), and

• (b) granted outline planning permission,

he may, on an application for subsequent approval of reserved matters, direct that the application is to be decided by the local planning authority to whom the original application was made or to whom the original application would have been made had it not been made to the Secretary of State under section 62A.

• (2) “Outline planning permission” has the meaning given by section 92(1).

• (3) If the Mayor of London has—

• (a) granted an application for listed building consent which is a connected application for the purposes of section 2B, and

• (b) imposed conditions requiring specified details to be approved subsequently,

he may, on an application for subsequent approval, direct that the application is to be decided by the local planning authority to whom the connected application was made.

Further provision about orders under section 2A

2D

• (1) An order under section 2A may make provision—

• (a) in relation to applications to which section 2A applies,

• (b) in relation to applications which are connected applications by virtue of section 2B,

• (c) in relation to the procedures to be followed for or in connection with applications mentioned in paragraph (a) or (b),

• (d) otherwise for the purpose of implementing or supplementing section 2A, 2B or 2C.

• (2) The provision which may be made by virtue of subsection (1) includes the application of any enactment (with or without modification) in relation to cases where, by virtue of section 2A or 2B or an order under section 2A, the Mayor of London exercises a function that would otherwise have been exercisable by another body or person.

• (3) Such provision may include, in particular, provision for the Mayor of London to exercise functions in relation to enforcement (instead of, or as well as, a local planning authority).

Section 2A and planning obligations under section 106

2E

• (1) This section applies where the Mayor of London has given a direction under section 2A in relation to a planning application.

• (2) Where this section applies, the function of agreeing a planning obligation related to the application is a function of the Mayor of London instead of a function of the local planning authority.

• (3) In this section “planning obligation” means a planning obligation under section 106.

• (4) The Mayor of London must consult the local planning authority before agreeing any planning obligation by virtue of this section.

• (5) Any planning obligation entered into in relation to the application—

• (a) is enforceable by the Mayor of London, and

• (b) is also enforceable by the local planning authority.

Representation hearings

2F

• (1) This section applies to—

• (a) an application in relation to which a direction has been given under section 2A, and

• (b) an application which is a connected application for the purposes of section 2B.

• (2) Before determining an application to which this section applies, the Mayor of London must give—

• (a) the applicant, and

• (b) the local planning authority to whom the application was made,

an opportunity to make oral representations at a hearing (“a representation hearing”).

• (3) The Mayor of London must prepare and publish a document setting out—

• (a) the persons, in addition to the applicant and the local planning authority, who may make oral representations at a representation hearing,

• (b) the procedures to be followed at a representation hearing,

• (c) arrangements for identifying information which must be agreed by persons making oral representations at a representation hearing.

• (4) Each person who may make oral representations at a representation hearing must be given at least 14 days' notice of the hearing.

• (5) The Secretary of State must by order make provision for Part 5A of the Local Government Act 1972 (public admission to meetings of principal councils, public access to documents, etc) to apply to—

• (a) a representation hearing as it applies to a meeting of a principal council, and

• (b) the Mayor of London in the conduct of a representation hearing as it applies to a principal council in the conduct of a meeting of that council.

• (6) The application of Part 5A may be with such modifications as the Secretary of State considers necessary or expedient.

Joint planning committee for Greater London.

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• (1) The joint planning committee for Greater London established under section 5 of the Local Government Act 1985 shall continue to discharge the functions mentioned in subsection (2).

• (2) The joint planning committee shall—

• (a) consider and advise the local planning authorities in Greater London on matters of common interest relating to the planning and development of Greater London;

• (b) inform the Secretary of State of the views of those authorities concerning such matters including any such matters as to which he has requested their advice;

• (c) inform the local planning authorities for areas in the vicinity of Greater London, or any body on which those authorities and the local planning authorities in Greater London are represented, of the views of the local planning authorities in Greater London concerning any matters of common interest relating to the planning and development of Greater London and those areas;

and the committee may, if it thinks fit, contribute towards the expenses of any such body as is mentioned in paragraph (c).

• (3) The expenses of the joint planning committee which have been incurred with the approval of at least two-thirds of the local planning authorities in Greater London shall be defrayed by those authorities in such proportions as they may decide or, in default of a decision by them, as the Secretary of State may determine.

• (4) References in this section to the local planning authorities in Greater London are to the authorities which are local planning authorities for the purposes of Part II.

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National Parks with National Park authorities.

4A