Part XVMiscellaneous and General Provisions

Application of Act in special cases

316Application of certain provisions to local planning authorities

(1)

In relation to land of local planning authorities and to the development by local authorities of land in respect of which they are the local planning authorities, the provisions specified in Part V of Schedule 16 shall have effect subject to such exceptions and modifications as may be prescribed by regulations.

(2)

Subject to section 90, any such regulations may in particular provide for securing—

(a)

that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under those provisions, shall be made to the Secretary of State and not to the local planning authority;

(b)

that any order or notice authorised to be made, issued or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the local planning authority.

(3)

Sections 65 to 68 and 71(1) and (2) shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1), as they apply in relation to applications for planning permission which fall to be determined by the local planning authority.

(4)

In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.

(5)

In relation to an urban development corporation which is the local planning authority by virtue of an order under section 149(1) of the M1Local Government, Planning and Land Act 1980 and a housing action trust established under Part III of the M2Housing Act 1988 which is a local planning authority by virtue of an order under section 67(1) of that Act, subsections (1) to (3) shall have effect for the purposes of Part III of this Act specified in the order, and in relation to the kinds of development so specified as if—

(a)

in subsection (1) the reference to development by local authorities of land in respect of which they are the local planning authorities included a reference to development by the corporation or, as the case may be, the trust of land in respect of which it is the local planning authority; and

(b)

in subsection (2)—

(i)

in paragraph (a) the words “the corporation” or, as the case may be, “the trust” were substituted for the words “such an authority”, and the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”; and

(ii)

in paragraph (b) the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”.