Part 5Applications for orders granting development consent

Chapter 2Pre-application procedure

43F1Local authorities for purposes of section 42(1)(b)

(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.