Part I New Towns and Their Development Corporations

Planning control in new towns

F17ADevelopment corporation as planning authority in England

(1)

This section applies in relation to a development corporation established for the purposes of a new town in England.

(2)

The Secretary of State may provide by order for the corporation to be the local planning authority for the specified area—

(a)

for such purposes of Part 3 of the Town and Country Planning Act 1990, and in relation to such kinds of development, as are specified, or

(b)

for such purposes of Part 2 or 3 of the Planning and Compulsory Purchase Act 2004 as are specified.

(3)

An order under subsection (2) may provide—

(a)

that any enactment relating to local planning authorities is not to apply to the corporation, or

(b)

that any such enactment which applies to the corporation is to apply to it subject to such modifications as are specified.

(4)

The Secretary of State may provide by order—

(a)

for the corporation to have, in the specified area, the functions conferred by such of the enactments mentioned in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 as are specified;

(b)

for such of the enactments mentioned in Part 2 of that Schedule as are specified in the order to have effect, in relation to the corporation and to land in the specified area, subject to the modifications set out in that Part;

(c)

for such of the provisions of that Part 2 as apply for the purposes of the order to be read, for those purposes, as if—

(i)

any reference to an urban development corporation were a reference to a development corporation established under section 3 of this Act, and

(ii)

any reference to regenerating an area were a reference to developing a new town.

(5)

An order under subsection (4) may provide—

(a)

that any enactment relating to local planning authorities applies to the corporation for the purposes of any enactment specified in Schedule 29 to the Local Government, Planning and Land Act 1980 which relates to land in the specified area by virtue of the order;

(b)

that any enactment so applied to the corporation applies to it subject to modifications specified in the order.

(6)

The Secretary of State may, if the corporation is not a locally-led development corporation, provide by order for the corporation to be the minerals and waste planning authority for the specified area for the purposes of Part 2 of the Planning and Compulsory Purchase Act 2004.

(7)

The Secretary of State may provide by order that the corporation is to have, in the specified area, the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as it applies to applications for consent under section 37 of that Act.

(8)

The area specified under any of the preceding subsections must be the whole, or part, of the area of the new town.

(9)

An order under this section may include supplementary or transitional provision or savings.

(10)

In this section “specified” means specified in an order under this section.