The Town and Country Planning (Mayor of London) Order 2000

Citation, commencement and application

1.—(1) This Order may be cited as the Town and Country Planning (Mayor of London) Order 2000 and shall come into force on 3rd July 2000.

(2) This Order applies to every application of potential strategic importance received on or after 3rd July 2000 by a local planning authority for a London borough.

Interpretation

2.—(1) In this Order—

“the 1972 Act” means the Local Government Act 1972(1);

“the 1990 Act” means the Town and Country Planning Act 1990;

“the GLA Act” means the Greater London Authority Act 1999;

“the Use Classes Order” means the Town and Country Planning (Use Classes) Order 1987(2);

“GDPO” means the Town and Country Planning (General Development Procedure) Order 1995(3);

“application of potential strategic importance” has the meaning given in the Schedule; and

“Mayor” means the Mayor of London.

(2) For the purposes of this Order the date of receipt of an application shall be determined in accordance with article 20(3) (time periods for decision) of the GDPO.

Notification to the Mayor of applications of potential strategic importance

3.  The local planning authority shall as soon as reasonably practicable after receiving an application of potential strategic importance send to the Mayor at his principal office a copy of the application and a copy of any plans, drawings or other documents submitted by the applicant in support of the application.

Determination of applications of potential strategic importance

4.—(1) The local planning authority shall not grant permission on an application which they were required to notify to the Mayor under article 3 unless—

(a) the authority have sent to the Mayor—

(i) a copy of any representations made to the authority in respect of the application,

(ii) a copy of any report on the application prepared by an officer of the authority, and

(iii) a statement of the permission the authority propose to grant and of any conditions the authority propose to impose; and

(b) (i) a period of 14 days has elapsed beginning with the date notified in writing by the Mayor to the authority as the date he received the items specified in sub-paragraph (a), or

(ii) the Mayor has notified the local planning authority in writing that he is content for the authority to grant permission in accordance with the statement referred to in sub-paragraph (a)(iii).

(2) Paragraph (1) shall not apply where the Mayor has notified the local planning authority in writing that he does not wish to be consulted pursuant to this article.

(3) The local planning authority shall, at the same time as they give notice to an applicant of a determination on an application of potential strategic importance, send to the Mayor a copy of that notice.

Mayor’s power to direct refusal of permission

5.—(1) If the Mayor considers that to grant permission on an application which has been notified to him under article 3 would be—

(a) contrary to the spatial development strategy or prejudicial to its implementation, or

(b) otherwise contrary to good strategic planning in Greater London,

he may, within the period specified in article 4(1)(b)(i), direct the local planning authority to refuse the application.

(2) Before giving a direction under paragraph (1)(b) above, the Mayor shall have regard to the following matters so far as material to the application—

(a) the principal purposes of the Greater London Authority;

(b) the effect that permission would have on—

(i) the health of persons in Greater London, and

(ii) the achievement of sustainable development in the United Kingdom;

(c) national policies and such international obligations as the Secretary of State may notify to the Mayor for the purposes of section 41(5)(a) of the GLA Act;

(d) any regional planning guidance issued by the Secretary of State so far as relating to an area which includes or adjoins Greater London;

(e) the desirability of promoting and encouraging the use of the River Thames safely, in particular for the provision of passenger transport services and for the transportation of freight;

(f) any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste in England and which is made under section 44A (National Waste Strategy: England and Wales) of the Environmental Protection Act 1990(4);

(g) the objectives of preventing major accidents and limiting the consequences of such accidents; and

(h) the need—

(i) in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest, and

(ii) in the case of existing establishments, for additional technical measures in accordance with Article 5 of Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances(5) so as not to increase the risks to people.

(3) Expressions appearing both in paragraph (2) and in Council Directive 96/82/EC have the same meaning as in that Directive.

(4) Any direction given under paragraph (1) shall be accompanied by a statement setting out the Mayor’s reasons for that direction.

(5) At any time before the local planning authority have determined the application the Mayor may by a further direction cancel a direction given under paragraph (1).

(6) The Mayor shall, at the same time as he gives a direction to a local planning authority under paragraph (1) or (5), send to the Secretary of State a copy of that direction and, in the case of a direction under paragraph (1), a copy of the statement of reasons required by paragraph (4).

(7) Subject to any direction given under paragraph (8), the local planning authority shall as soon as reasonably practicable after receiving a direction under paragraph (1)—

(a) refuse the application, and

(b) include with the notice given in accordance with article 20(1) of the GDPO a copy of the statement setting out the Mayor’s reasons referred to in paragraph (4) above.

(8) The Secretary of State may give a direction prohibiting a local planning authority to which a direction is given under paragraph (1) from implementing that direction in such circumstances or during such period as are specified in the Secretary of State’s direction.

(9) The Secretary of State shall, at the same time as he gives a direction to a local planning authority under paragraph (8), send to the Mayor a copy of that direction.

(10) An authority shall place on Part II of the register required by article 25 of the GDPO a copy of any direction it receives under this article.

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Keith Hill

Parliamentary Under Secretary of State

Department of the Environment, Transport and the Regions

5th June 2000