The London Docklands Development Corporation (Alteration of Boundaries) (Surrey Docks) Order 1996
Citation and commencement1.
This Order may be cited as the London Docklands Development Corporation (Alteration of Boundaries) (Surrey Docks) Order 1996 and shall come into force on 20th December 1996.
Interpretation2.
In this Order—
“the authority” means the council of the London borough of Southwark;
“the development corporation” means the London Docklands Development Corporation;
“the excluded area” means the area shown on the maps bounded externally by a red line;
“the maps” means the four maps respectively labelled “Map 1”, “Map 2”, “Map 3” and “Map 4” which are collectively entitled “Maps referred to in the London Docklands Development Corporation (Alteration of Boundaries) (Surrey Docks) Order 1996”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of each of the Secretary of State for the Environment, the London Docklands Development Corporation and the councils of the London boroughs of Newham, Southwark and Tower Hamlets; and
Alteration of development area3.
Subject to the following provisions of this Order, the boundaries of the development area shall be altered so as to exclude the excluded area and, as regards any matter arising after the date of the coming into force of this Order, any reference in an enactment to the development area shall be a reference to that area as it has been altered by this Order.
Transitional provisions in connection with article 34.
The development corporation may continue to exercise the powers conferred on it by section 136 of the Local Government, Planning and Land Act 1980—
(a)
to hold, manage, reclaim and dispose of—
(i)
any land in the excluded area owned by it at the date of the coming into force of this Order; and
(ii)
any other property owned by it, at that date, in connection with any land in the excluded area;
(b)
without prejudice to paragraph (a), where the freehold interest of any land in the excluded area is owned by the development corporation, to acquire, hold, manage, reclaim and dispose of a leasehold interest in such land;
(c)
without prejudice to paragraph (a), where any land in the excluded area is disposed of, to acquire any land in the excluded area in exchange for the land disposed of, and to hold, manage, reclaim and dispose of any land so acquired;
(d)
to discharge any obligation, exercise any right, power or privilege or assign any benefit under any agreement entered into by it in connection with the excluded area before the date of the coming into force of this Order; and
(e)
to commence, defend or carry on any proceedings in connection with any matter arising under or in relation to any such agreement as is mentioned in paragraph (d) above and to take such further steps as may be expedient in connection with any such proceedings;
and such powers shall be exercised as if the excluded area continued to form part of the development area.
Liability for compensation5.
(1)
Where a right to compensation arises, in consequence of the acquisition or vesting of any land within the excluded area by or in the development corporation under Part XVI of the Local Government, Planning and Land Act 1980 (urban development), the development corporation shall be liable for any compensation which is payable.
(2)
Transitional provisions in connection with planning functions6.
(1)
(2)
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions mentioned in paragraph (1) above may be continued after that date by, to or in relation to the authority.
Transitional provisions in connection with planning applications7.
(1)
(a)
which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and
(b)
in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for determining the application.
(2)
Except where the development corporation transmits the application to the authority for determination in accordance with paragraph (3), the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
(3)
The development corporation shall transmit to the authority for determination—
(a)
any application which it has resolved with the agreement of the applicant to transmit to the authority; and
(b)
any other application which it has not determined before 14th February 1997.
(4)
Subject to paragraph (5), where the development corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
(5)
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.
(6)
Liability for compensation in connection with planning functions and planning obligations8.
(1)
(2)
(3)
Signed by authority of the Secretary of State for the Environment
Department of the Environment
This Order removes from the London Docklands urban development area an area of approximately 266.3 hectares comprising part of the London borough of Southwark. The area is shown edged with a black line and hatched on the map below.
The London Docklands Development Corporation is the local planning authority for the urban development area in place of any other authority which would be the local planning authority. By virtue of this Order, the council of the London borough of Southwark becomes the local planning authority for the excluded area.
The Order contains transitional provisions concerning the powers of the development corporation in the excluded area, its liability for compensation and its planning functions.
The maps referred to in the Order may be inspected during normal office hours at the following offices:
The Department of the Environment, 2 Marsham Street, London SE1P 3EB;
The London Docklands Development Corporation, Thames Quay, 191 Marsh Wall, London E14 9TJ;
The council of the London borough of Newham, Town Hall, Barking Road, East Ham, London E6 2RP;
The council of the London borough of Southwark, Council Offices, Chiltern House, Portland Street, London SW17 2ES;
The council of the London borough of Tower Hamlets, Town Hall Mulberry Place, 5 Clove Crescent, London E14 2BG.
