Local Government, Planning and Land Act 1980

Allocation of planning functions

86 Distribution of planning functions between planning authorities

(1) The following sub-paragraphs shall be substituted for sub-paragraph (3) of paragraph 15 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972: —

“(3) Every application mentioned in sub-paragraph (1) above shall be made to the district planning authority.

(3A) The district planning authority shall send to the county planning authority, as soon as may be and in any case not later than seven days after they have received it, a copy of any application for planning permission which appears to them to relate to a county matter.

(3B) Subject to sub-paragraph (3C) below, the district planning authority shall send to the local highway authority, as soon as may be after they have received it, a copy of any application for planning permission which does not appear to them to relate to a county matter.

(3C) If the local highway authority specifies any case or class of case in which a copy of such an application as is mentioned in sub-paragraph (3B) above need not be sent to them, the duty imposed on the district planning authority by that sub-paragraph shall not extend to any application to which the direction relates.”.

(2) The following paragraph shall be substituted for paragraph 19 of that Schedule (power of county planning authority to give directions as to determination of planning application where it appears to the authority that any proposals in the application would substantially and adversely affect their interests as local planning authority): —

“19 (1) Subject to sub-paragraph (3) below, the district planning authority shall consult the county planning authority for their area before determining any application to which this sub-paragraph applies.

(2) Sub-paragraph (1) above applies to any application for planning permission for the carrying out—

(a) of any development of land which would materially conflict with or prejudice the implementation—

(i) of any policy or general proposal contained in a structure plan which has been approved by the Secretary of State ;

(ii) of any policy or general proposal contained in a structure plan which has been submitted to the Secretary of State for approval;

(iii) of any proposal to include in a structure plan any matter to which the county planning authority have given publicity under section 8 (publicity in connection with preparation of structure plans) or under that section as applied by section 10 (alteration of structure plans);

(iv) of a fundamental provision of a development plan which has been approved by the Secretary of State (whether under Part I of Schedule 5 or under any enactment replaced by that Part of that Schedule) so far as the development plan is in force in the district planning authority's area;

(v) of any proposal contained in a local plan which has been prepared by the county planning authority (whether or not the plan has been adopted by the authority or approved by the Secretary of State);

(vi) of any proposal to include in a local plan which the county planning authority are preparing any matter to which they have given publicity under section 12 (publicity in connection with preparation of local plans) ;

(vii) of any proposal to include in alterations which the county planning authority are proposing for a local plan any matter to which they have given publicity under the said section 12 as applied by section 15 (publicity in connection with alteration of local plans);

(b) of any development of land which would, by reason of its scale or nature or the location of the land, be of major importance for the implementation of a structure plan which has been approved by the Secretary of State;

(c) of any development of land in an area which the county planning authority have notified to the district planning authority, in writing, as an area in which development is likely to affect or be affected by the winning and working of minerals, other than coal;

(d) of any development of land which the county planning authority have notified the district planning authority, in writing, that they themselves propose to develop;

(e) of any development of land which would prejudice the carrying out of development proposed by the county planning authority and notified to the district planning authority under paragraph (d) above;

(f) of any development of land in England in respect of which the county planning authority have notified the district planning authority, in writing, that it is proposed that it shall be used for waste disposal;

(g) of any development of land which would prejudice a proposed use of land for waste disposal notified to the district planning authority under paragraph (f) above.

(3) The district planning authority may determine an application to which sub-paragraph (1) above applies without the consultation required by that sub-paragraph if the county planning authority have given them directions authorising them to do so.

(4) A direction under sub-paragraph (3) above may relate to a class of applications or to a particular application.

(5) Subject to sub-paragraph (6) below, where the district planning authority are required to consult the county planning authority before determining an application for planning permission—

(a) they shall give the county planning authority notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(6) A district planning authority may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (5)(b) above—

(a) if they have received representations concerning the application from the county planning authority before the expiration of that period ; or

(b) if the county planning authority have notified them that they do not wish to make representations.

(7) Where a district planning authority are required to consult the county planning authority before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the county planning authority before the expiration of the period mentioned in subparagraph (5)(b) above.

(8) In this paragraph " development order " has the meaning assigned to it by section 24 of the Town and Country Planning Act 1971.”.

(3) It shall be the duty of a local planning authority when exercising their functions under section 29 of the [1971 c. 78.] Town and Country Planning Act 1971 (determination of applications) to seek the achievement of the general objectives of the structure plan for the time being in force for their area.

(4) In paragraph 32 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972 (definition of " county matter ")—

(a) the following sub-paragraph shall be inserted after subparagraph (a)—

“(ad) the use of land, or the erection of any building, plant or machinery on land, for the carrying out of any process for the preparation or adaptation for sale of any mineral or the manufacture of any article from a mineral where—

(i) the land forms part of or adjoins a site used or proposed to be used for the winning and working of minerals ; or

(ii) the mineral is, or is proposed to be, brought to the land from a site used, or proposed to be used, for the winning and working of minerals by means of a pipeline, conveyor belt, aerial ropeway, or similar plant or machinery, or by private road, private waterway or private railway ;”;

(b) the following sub-paragraphs shall be inserted after subparagraph (c): —

“(ca) the use of land for any purpose required in connection with the transport by rail or water of aggregates (that is to say, any of the following, namely—

(i) sand and gravel;

(ii) crushed rock;

(iii) artificial materials of appearance similar to sand, gravel or crushed rock and manufactured or otherwise derived from iron or steel slags, pulverised fuel ash, clay or mineral waste),

or the erection of any building, plant or machinery which it is proposed to use in connection therewith;

(cb) the erection of any building, plant or machinery which it is proposed to use for the coating of roadstone or the production of concrete or of concrete products or artificial aggregates, where the building, plant or machinery is to be erected in or on land which forms part of or adjoins a site used or proposed to be used—

(i) for the winning and working or minerals ; or

(ii) for any of the purposes mentioned in sub paragraph (ca) above;

(cc) the erection of any building, plant or machinery which it is proposed to use for the manufacture of cement;

(cd) the carrying out of operations in, on, over or under land, or a use of land, where the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice compliance with any condition imposed on a planning permission requiring the restoration of the land when the winning and working of minerals has ceased;”;

(c) sub-paragraph (d) (by virtue of which the carrying out of operations or a use of land is a county matter if it would conflict or be inconsistent with certain county plans and policies) shall cease to have effect.

(5) Nothing in the general transfer provisions shall prevent a county planning authority determining an application to which this subsection applies after the commencement date if it was made before that date.

(6) Subsection (5) above applies to any application which relates to a transferred matter and which is of a description mentioned in paragraph 15(1)(a), (b) or (c) of Schedule 16 to the [1972 c. 70.] Local Government Act 1972.

(7) The following paragraphs shall be inserted after paragraph 7 of Schedule 3 to the [1971 c. 78.] Town and Country Planning Act 1971 (reference of applications for planning permission to Secretary of State and Greater London Council): —

“7A Where the Secretary of State provides by regulations under paragraph 7 above that particular applications for planning permission or a particular class of such applications shall be referred to him or to the Greater London Council, the regulations may provide that applications satisfying such conditions as may be specified in the regulations need not be so referred.

Requirement of consultation between Greater London Council and London borough councils with regard to certain applications

7B (1) Where a development order requires the council of a London borough to consult the Greater London Council before determining any application for planning permission belonging to a particular class of applications specified in the order, the council of a borough may determine an application falling within that class without the consultation required by the order if the Greater London Council have given them directions authorising them to do so.

(2) A direction under sub-paragraph (1) of this paragraph may relate to a class of applications or to a particular application.

(3) Subject to sub-paragraph (4) of this paragraph, where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission—

(a) they shall give the Greater London Council notice that they propose to consider the application and send them a copy of it; and

(b) they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(4) The council of a London borough may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (3) (b) of this paragraph—

(a) if they have received representations concerning the application from the Greater London Council before the expiration of that period ; or

(b) if the Greater London Council have notified them that they do not wish to make representations.

(5) Where the council of a London borough are required to consult the Greater London Council before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the Greater London Council before the expiration of the period mentioned in sub-paragraph (3)(b) of this paragraph.”.

(8) Subject to subsection (10) below, the provisions to which this subsection applies shall come into operation on the commencement date.

(9) The provisions to which subsection (8) above applies are—

(a) the general transfer provisions ;

(b) the Greater London provisions ; and

(c) paragraph 4 of Schedule 15 below.

(10) A development order required to be made for the purposes of any of the provisions to which subsection (8) above applies may be made before the commencement date.

(11) In this section—

• " the commencement date " means the date on which there expires the period of two months beginning with the day on which this Act is passed;

• " the general transfer provisions " means—

  (a)

  subsections (1) to (4) above ; and

  (b)

  paragraphs 12, 13, 15, 16 and 20 of Schedule 15 below;

• " the Greater London provisions " means—

  (a)

  subsection (7) above ; and

  (b)

  paragraph 24 of Schedule 15 below ; and

• " transferred matter" means a matter which before the commencement date is a county matter, as defined in paragraph 32 of Schedule 16 to the [1972 c. 70.] Local Government Act 1972, but which ceases to be a county matter in consequence of the provisions of this Part of this Act.