Transitional provisions in connection with planning applications
4.—(1) This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulations made or having effect under either of those Acts—
(a)which, before the date of the coming into force of this Order, was duly made to the Corporation and which has not been determined before that date, and
(b)in respect of which the Corporation ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act(1) to be the local planning authority responsible for determining the application.
(2) The Corporation shall transmit any application to which this article applies to the authority for determination.
(3) Subject to paragraph (4), where the Corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the Corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
(4) Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (3) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.
(5) Where an appeal is made to the Secretary of State under section 78 of the 1990 Act(2) or section 20 of the Listed Buildings Act(3) in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.
(6) The authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act—
(a)where the Corporation has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and
(b)in any other case, where the application has not been determined before the date of the coming into force of this Order or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.
Section 77 was amended by paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 (c.34) (the “1991 Act”), section 40(2) of the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”) and is to be amended by paragraphs 1 and 2 of Schedule 10 to the Planning Act 2008 (c. 29) on a date to be appointed.
Section 78 was amended by section 17(2) of the 1991 Act and sections 40(2)(e) and 43(2) of the 2004 Act and by sections 196 and 197 of, and paragraphs 1 and 3 of Schedule 10 (for certain purposes) and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008 (c.29).
Section 20 has effect in relation to buildings in conservation areas as it has effect in relation to listed buildings subject to such exceptions and modifications as may be prescribed by regulations (see section 74(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519).