Leasehold Reform, Housing and Urban Development Act 1993

171 Agency as local planning authority. E+W

(1) If a designation order so provides, the Agency shall be the local planning authority for the whole or any part of the designated area—

(a) for such purposes of PartIII of the M1 Town and Country Planning Act 1990 and sections 67 and 73 of the M2 Planning (Listed Buildings and Conservation Areas) Act 1990 as may be specified in the order; and

(b) in relation to such kinds of development as may be so specified.

(2) A designation order making such provision as is mentioned in subsection (1) may also provide—

(a) that any enactment relating to local planning authorities shall not apply to the Agency; and

(b) that any such enactment which applies to the Agency shall apply to it subject to such modifications as may be specified in the order.

(3) If a designation order so provides—

(a) subject to any modifications specified in the order, the Agency shall have, in the whole or any part of the designated area, such of the functions conferred by the provisions mentioned in subsection (4) as may be so specified; and

(b) such of the provisions of Part VI and sections 249 to 251 and 258 of theTown and Country Planning Act 1990 and sections 32 to 37 of thePlanning (Listed Buildings and Conservation Areas) Act 1990 as are mentioned in the order shall have effect, in relation to the Agency and to land in the designated area, subject to the modifications there specified.

(4) The provisions referred to in subsection (3)(a) are—

(a) sections 171C, 171D, 172 to 185, 187 to 202, 206 to 222, 224, 225, 231 and 320 to 336 of, and paragraph 11 of Schedule 9 to, the M3 Town and Country Planning Act 1990;

(b) Chapters I, II and IV of Part I and sections 54 to 56, 59 to 61, 66, 68 to 72, 74 to 76 and 88 of the M4 Planning (Listed Buildings and Conservation Areas) Act 1990; and

(c) sections 4 to 15, 17 to 21, 23 to 26AA, 36 and 36A of the M5 Planning (Hazardous Substances) Act 1990.

(5) A designation order making such provision as is mentioned in subsection (3) may also provide that, for the purposes of any of the provisions specified in the order, any enactment relating to local planning authorities shall apply to the Agency subject to such modifications as may be so specified.

Annotations:

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Marginal Citations

M1 1990 c. 8.

M2 1990 c. 9.

M3 1990 c. 8.

M4 1990 c. 9.

M5 1990 c. 10.