Part 6

Deciding applications for orders granting development consent
Chapter 4

Examination of applications under Chapter 2 or 3

Local authorities for the purposes of section 88(3)(d)
88A
1
A local authority (“A”) is within this section if—
a
the land is in the area of another local authority (“B”),
b
B is a unitary council or a lower-tier district council, and
c
any part of the boundary of A's area is also a part of the boundary of B's area.
2
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.
3
In this section—
- “
the land
” means the land to which the application relates or any part of that land;
- “
local authority
” has the meaning given in section 102(8);
- “
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.
S. 88A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 138(6), 240(2) (with s. 144); S.I. 2012/628, art. 7(a)