The London Thames Gateway Development Corporation (Planning Functions) Order 2005

Citation and commencement

1.  This Order may be cited as the London Thames Gateway Development Corporation (Planning Functions) Order 2005 and shall come into force on 31st October 2005.

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 Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990(2);

“GDPO” means the Town and Country Planning (General Development Procedure) Order 1995(3);

“the development area” means the area designated as an urban development area by the London Thames Gateway Development Corporation (Area and Constitution) Order 2004(4);

“the development corporation” means the London Thames Gateway Development Corporation(5); and;

“the planning functions area” means the area described in article 3.

Planning functions area

3.—(1) The planning functions area is the development area excluding the areas shaded grey on the maps.

(2) In paragraph (1), “the maps” means the set of maps numbered 1 and 2 entitled “Maps referred to in the London Thames Gateway Development Corporation (Planning Functions) Order 2005”, of which prints, signed by a Director in the Office of the Deputy Prime Minister, are deposited and available for inspection at the offices of the First Secretary of State, of the development corporation and of the London Boroughs of Barking and Dagenham, Hackney, Havering, Newham, and Tower Hamlets.

Planning functions of the development corporation

4.—(1) Subject to article 7, the development corporation shall be the local planning authority for the planning functions area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development—

(a) development which comprises or includes the provision of 50 or more houses, flats or houses and flats;

(b) development which comprises or includes the provision of 2,500 or more square metres of floorspace where the development is not solely for houses, flats or houses and flats;

(c) development which occupies 1 hectare or more of land;

(d) development which comprises or includes the provision of buildings which are 25 metres or more in height;

(e) development which comprises or includes the winning and working of minerals in, on or under land, whether by surface or underground working;

(f) development to provide an installation for, or designed to be used wholly or mainly for the purposes of, waste development;

(g) development which comprises or includes a generating station with an output of 0.5 or more megawatts;

(h) development for a use, other than residential use, which includes the provision of 50 or more car parking spaces;

(i) development—

(i) on land allocated as Green Belt or Metropolitan Open Land in the development plan, in proposals for such a plan, or in proposals for the alteration or replacement of such a plan; and

(ii) which would involve the construction of a building with 500 or more square metres of floorspace, or a material change in the use of such a building;

(j) development to provide or extend—

(i) an aircraft runway, airfield or aerodrome;

(ii) a heliport (including a floating heliport and a helipad on a building);

(iii) an air passenger terminal at an airport;

(iv) a railway station;

(v) a tramway, an underground, surface or elevated railway, or a cable car;

(vi) a bus or coach station;

(vii) a crossing over or under the River Thames, the River Lea and associated waterways, or the River Roding; or

(viii) a pier on the River Thames;

(k) development which is likely to result in the loss of 20 or more houses, flats or houses and flats (irrespective of whether the development would also entail the provision of new houses or flats);

(l) development on land with an area of 1 hectare or more which—

(i) is likely to prejudice the use, or lead to the loss of use, of land being used as a playing field; or

(ii) is on land which has been—

(aa) used as a playing field at any time in the five years before the making of the relevant application for planning permission and which remains undeveloped; or

(bb) allocated for use as a playing field in a development plan or in proposals for a for such a plan or its alteration or replacement;

(m) development which is not of a kind specified in any of the preceding sub-paragraphs but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in the planning functions area.

(2) In deciding whether development forms part of more substantial development, there shall be taken into account other development of the same land or adjoining land in the designated area—

(a) in respect of which an application for planning permission has been made but not finally determined on the date the relevant application is received; and

(b) in respect of which planning permission has been granted within the period of five years immediately preceding that date; or

(c) which has been substantially completed within the period of five years immediately preceding that date.

(3) For the purposes of this article—

(a) development occupies that area in respect of which the application for planning permission for the development seeks planning permission;

(b) “floorspace” shall be calculated by external measurement;

(c) “generating station” has the same meaning as in Part 1 of the Electricity Act 1989(6);

(d) “playing field” has the same meaning as in article 10(2)(l) of the GDPO; and

(e) “waste development” means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing, recovering or disposing of refuse or waste materials.

Additional functions conferred on the development corporation

5.  The development corporation shall have in the planning functions area the functions conferred by the provisions of the Listed Buildings Act specified in Part 1 of Schedule 29 to the 1980 Act(7) which are specified in the Schedule to this Order.

Modifications of provisions of the 1990 Act and Listed Buildings Act in the planning functions area

6.  All the provisions of the 1990 Act and the Listed Buildings Act 1990 specified in Part 2 of Schedule 29 to the 1980 Act(8) shall have effect in relation to the development corporation and in the planning functions area with the modifications specified in that Part.

Transitional provision: applications to local planning authorities

7.—(1) Paragraphs (2) to (4) apply as respects any application for planning permission under the 1990 Act or for a consent, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which—

(a) is for a development of a kind specified in article 4(1);

(b) was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application (“the previous authority”); and

(c) has not been determined when this Order comes into force.

(2) Subject to paragraph (3), the previous authority may—

(a) determine any application referred to in paragraph (1); or

(b) with the written agreement of the applicant, transmit any such application to the development corporation for determination.

(3) If any such application is subject to a direction made under article 14 of the GDPO (directions by the Secretary of State), the previous authority shall transmit it to the development corporation no later than 10 days after the day on which the direction is made.

(4) Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the development corporation from the applicant on the day on which it is transmitted to the corporation.

(5) If, after this Order comes into force—

(a) an application is made to an authority which has ceased by virtue of the preceding provisions of this Order to be the local planning authority in relation to the kinds of development specified in article 4(1); and

(b) that authority consider that the application is for development of a kind specified in article 4(1);

that authority shall transmit the application to the development corporation for determination.

(6) Where an appeal is made to the Secretary of State under section 78(9) of the 1990 Act or section 20 of the Listed Buildings Act against a decision or determination made in relation to land within the planning functions area by an authority which ceased by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall—

(a) continue to be the local planning authority for the purposes of the appeal; and

(b) shall notify the development corporation of the appeal and transmit to the First Secretary of State any representation received from the development corporation.

Transitional provision: compensation

8.—(1) Where a right to compensation arises under section 107(10), 108, or 115 of the 1990 Act or section 28 or 29 of the Listed Buildings Act in consequence of action taken in relation to land within the planning functions area by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.

(2) Where—

(a) the Secretary of State makes a determination—

(i) of an appeal against action taken by such authority as is mentioned in paragraph (1); or

(ii) on a reference made to him by such authority; and

(b) that determination gives rise to a right to compensation,

that authority shall be liable to pay the compensation.

(3) Where the Secretary of State—

(a) makes an order under section 100(11) or 104 in respect of a matter arising before this Order comes into force which relates to land in the planning functions area; or

(b) serves a notice under section 185 of that Act in respect of such a matter,

the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.

Signed by authority of the First Secretary of State

Yvette Cooper

Minister of State

Office of the Deputy Prime Minister

3rd October 2005