Levelling-up and Regeneration Act 2023

Town and Country Planning Act 1990 (c. 8)

2 (1) TCPA 1990 is amended as follows.

(2) In section 7 (urban development corporation as local planning authority), after subsection (2) insert—

“(3) This section is subject to section 8A.”

(3) After section 7 insert—

“7ZA New towns

(1) This section applies where an order is made under section 7A(2)(a) or (4)(a) of the New Towns Act 1981 (powers to confer functions under the planning Acts) in respect of a development corporation established under section 3 of that Act.

(2) If the order is made under section 7A(2)(a), the corporation is the local planning authority for the specified area, for the specified purposes and in relation to the specified kinds of development, in place of the authority which would otherwise be the local planning authority for that area.

(3) If the order is made under section 7A(4)(a), the corporation has the functions under the specified enactments in the specified area, in place of any authority (except the Secretary of State) which would otherwise have them in that area.

(4) In this section “specified” means specified in the order.

(5) This section is subject to section 8A.”

(4) In section 7A (Mayoral development corporation as local planning authority), after subsection (5) insert—

“(6) This section is subject to section 8A.”

(5) In section 62B(5) (planning authorities that cannot be designated for the purposes of allowing direct planning applications to the Secretary of State), after paragraph (c) insert—

“(ca) a development corporation established under section 3 of the New Towns Act 1981;”.

(6) In section 70(4) (definitions relating to local finance considerations to be taken into account in planning decisions), in the definition of “relevant authority”, after paragraph (e) insert—

“(ea) a development corporation established under section 3 of the New Towns Act 1981;”.

(7) In paragraph 5 of Schedule 1 (local highway authority restrictions on grant of planning permission)—

(a) in sub-paragraph (2), for the words from “is to be”, where they first occur, to “2011,” substitute “does not include a development corporation planning authority;”;

(b) in sub-paragraph (3), for the words from “an” to “local planning authority”, in the second place it occurs, substitute “a development corporation planning authority”;

(c) after sub-paragraph (3) insert—

“(4) In this paragraph, “development corporation planning authority” means—

(a) an urban development corporation which is the local planning authority by virtue of an order under section 149 of the Local Government, Planning and Land Act 1980,

(b) a development corporation established under section 3 of the New Towns Act 1981 which is the local planning authority by virtue of an order under section 7A of that Act, or

(c) a Mayoral development corporation which is the local planning authority by virtue of an order under section 198(2) of the Localism Act 2011.”