The Town and Country Planning (Mayor of London) (Amendment) Order 2011

Statutory Instruments

2011 No. 550

Town And Country Planning (england)

The Town and Country Planning (Mayor of London) (Amendment) Order 2011

Made

28th February 2011

Laid before Parliament

7th March 2011

Coming into force

1st April 2011

The Secretary of State, in exercise of the powers conferred by section 2A of the Town and Country Planning Act 1990(1), makes the following Order:

Citation and commencement

1.  This Order may be cited as the Town and Country Planning (Mayor of London) (Amendment) Order 2011 and shall come into force on 1st April 2011.

Amendment to the Town and Country Planning (Mayor of London) Order 2008

2.—(1) The Town and Country Planning (Mayor of London) Order 2008(2) is amended as follows.

(2) In article 3 (land excluded from the application of section 2A), for paragraph (a) substitute—

“(a) the planning functions area referred to in article 3(1) of the London Thames Gateway Development Corporation (Planning Functions) Order 2005(3), as substituted by article 4 of the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011(4); or”.

Signed by authority of the Secretary of State for Communities and Local Government

Bob Neill

Parliamentary Under Secretary of State

Department for Communities and Local Government

28th February 2011

EXPLANATORY NOTE

(This note is not part of the Order)

Section 2A of the Town and Country Planning Act 1990 (c.8) (inserted by section 31 of the Greater London Authority Act 2007 (c.24)) gives the Mayor of London power to direct that applications for planning permission of potential strategic importance (“PSI applications”) must be determined by him in place of the local planning authority. Section 2A(6) provides for an Order made under section 2A to make provision for exceptions and exclusions.

Article 3 of the Town and Country Planning (Mayor of London) Order 2008 (S.I. 2008/580) (“the 2008 Order”) provides that section 2A does not apply to a PSI application which relates to land which is in the planning functions area referred to in article 3(1)(a) of the London Thames Gateway Development Corporation (Planning Functions) Order 2005 (“the 2005 Order”).

This Order amends article 3(a) of the 2008 Order so as to update the description of the planning functions as the area referred to in the article 3(1) of the 2005 Order with a reference to that article as substituted by article 4 of the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011. By virtue of that Order, the development corporation no longer has planning functions in the London Boroughs of Barking and Dagenham, Havering and part of the London borough of Newham: thus land within those areas is no longer excluded from the application of section 2A.

The effect is that PSI applications within those boroughs must be determined by the Mayor of London, if he issues a direction under section 2A.

An impact assessment has been prepared in relation to this Order. The assessment has been placed in the Library of each House of Parliament. It is available on the internet at www.communities.gov.uk. Alternatively, copies may be obtained from the Planning Directorate, Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU

(1)

1990 c.8. Section 2A was inserted by section 31 of the Greater London Authority Act 2007 (c.24)

(2)

S.I 2008/580.

(3)

S.I. 2005/2721, amended by S.I. 2006/2186.

(4)

S.I. 2011/549