Housing and Regeneration Act 2008

14 Contents of designation orders E+W

(1) A designation order may contain provisions of the following kind.

(2) The order may provide for the HCA to be the local planning authority for the whole or any part of the designated area—

(a) for specified permitted purposes, and

(b) in relation to specified kinds of development.

(3) The order may provide that where the HCA is the local planning authority for the whole or any part of the designated area it is to have—

(a) in relation to the whole or any part of the designated area, and

(b) subject to any specified modifications,

specified relevant functions conferred by or under specified planning-related provisions.

(4) An order which makes provision of the kind mentioned in subsection (2) may make provision about the application of enactments relating to local planning authorities to the HCA in its capacity as the local planning authority by virtue of the order.

(5) An order which makes provision of the kind mentioned in subsection (3)—

(a) may provide for the HCA to have the functions concerned instead of, or concurrently with, other persons who have them,

(b) may make provision about the application to the HCA of enactments relating to the functions concerned.

(6) Provision made by virtue of subsection (4) or (5), or section 320(1)(d) in its application to an order of a kind falling within this section, may, in particular, provide that any enactment—

(a) is to apply to the HCA without modification,

(b) is to apply to it subject to specified modifications.

(7) In this section—

• “planning-related provisions” means—

  (a)

  Chapter 1 of Part 6 (other than section 137A), and sections 188 and 330, of the Town and Country Planning Act 1990 (c. 8),

  (b)

  sections 32 and 33 to 37, 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), and

  (c)

  the Planning (Hazardous Substances) Act 1990 (c. 10) (other than sections 30A to 31A and 36C of that Act),

• “relevant functions” means functions of—

  (a)

  a district council, a London borough council, the Common Council of the City of London, or any other body which is a local authority within the meaning of the Town and Country Planning Act 1990,

  (b)

  a district planning authority (within the meaning of that Act), or

  (c)

  a hazardous substances authority (within the meaning of the Planning (Hazardous Substances) Act 1990),

• “specified”, in relation to a designation order, means specified or described in the order.

Commencement Information

I1 S. 14 in force at 1.12.2008 by S.I. 2008/3068, art. 2(1)(h) (with arts. 6-13)