Planning Act 2008 (c. 29)

Part 5 E+W+S Applications for orders granting development consent

Chapter 2 E+W+S Pre-application procedure

43 [F1 Local authorities for purposes of section 42(1)(b)] E+W+S

(1) A local authority is within this section if the land is in the authority's area.

(2) A local authority (“A”) is within this section if—

(a) the land is in the area of another local authority (“B”),

[F2 (aa) B is a unitary council or a lower-tier district council,] and

(b) any part of the boundary of A's area is also a part of the boundary of B's area.

[F3 (2A) If the land is in the area of an upper-tier county council (“C”), a local authority (“D”) is within this section if—

(a) D is not a lower-tier district council, and

(b) any part of the boundary of D's area is also part of the boundary of C's area.]

[F4 (3) In this section—

• “local authority” means—

  (a)

  a county council, or district council, in England;

  (b)

  a London borough council;

  (c)

  the Common Council of the City of London;

  (d)

  the Council of the Isles of Scilly;

  (e)

  a county council, or county borough council, in Wales;

  (f)

  a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

  (g)

  a National Park authority;

  (h)

  the Broads Authority;

• “lower-tier district council” means a district council in England for an area for which there is a county council;

• “unitary council” means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

• “upper-tier county council” means a county council in England for each part of whose area there is a district council.]

Textual Amendments

F1 S. 43 heading substituted (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 23(3)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 6

F2 S. 43(2)(aa) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(2), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F3 S. 43(2A) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(3), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

F4 S. 43(3) substituted (1.4.2012) by Localism Act 2011 (c. 20), ss. 133(4), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)

Commencement Information

I1 S. 43 in force at 1.10.2009 by S.I. 2009/2260, art. 2(b)