2012 No. 3099
Urban Development, England

The Milton Keynes (Urban Area and Planning Functions) (Revocation) Order 2012

Made
Laid before Parliament
Coming into force
The Secretary of State, having consulted the Council of the borough of Milton Keynes part of whose area was included in the designated area, in exercise of the powers conferred by section 170(4) of the Leasehold Reform, Housing and Urban Development Act 19931, makes the following Order:

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Milton Keynes (Urban Area and Planning Functions) (Revocation Order) 2012 and shall come into force on 14th January 2013.

(2)

In this Order—

“the 1990 Act” means the Town and Country Planning Act 19902;
“the 2004 Order” means the Milton Keynes (Urban Area and Planning Functions) Order 20043;

“the authority” means the Council of the borough of Milton Keynes; and

“the HCA” means the Homes and Community Agency4.

Revocation of planning functions order2.

The 2004 Order is revoked.

Transitional provisions in connection with planning functions3.

Subject to articles 4 and 5, 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 HCA in connection with any of the functions transferred to it under the 2004 Order, may be continued after that date by, to or in relation to the authority5.

Transitional provisions in connection with planning applications4.

(1)

This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act or under any order or regulations made or having effect under that Act—

(a)

which, before the date of the coming into force of this Order, was duly made to the HCA and which has not been determined before that date, and

(b)

in respect of which the HCA ceases, by virtue of the preceding provisions of this Order or by virtue of a direction made under section 77 of the 1990 Act 6 to be the local planning authority responsible for determining the application.

(2)

The HCA shall transmit any application to which this article applies to the authority for determination.

(3)

Subject to paragraph (4), where the HCA transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the HCA 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.

(4)

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 (3) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application has been transmitted.

(5)

Where an appeal is made to the Secretary of State under section 78 of the 1990 Act 7 in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.

(6)

The authority shall be the local planning authority in relation to any application in respect of which a direction has been made under section 77 of the 1990 Act—

(a)

where the HCA has resolved with the agreement of the authority that the authority shall be the local planning authority in relation to that application; and

(b)

in any other case, where the application has not been determined before the date of the coming into force of this Order or has not been finally determined before that date following an application to the High Court under section 288 of the 1990 Act.

Liability for compensation in connection with planning functions; section 106 obligations5.

(1)

Where a right to compensation arises under section 107, 108 or 115 of the 1990 Act8 in consequence of action taken in relation to land designated under the 2004 Order9, the authority shall be liable for any compensation which is payable.

(2)

Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100 or 104 of the 1990 Act10 in respect of a matter arising before that date, which relates to land designated under the 2004 Order, the Secretary of State shall be liable to pay any compensation arising from the order or notice.

(3)

A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act11 before the date of the coming into force of this Order which identifies the HCA as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.

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

Mark Prisk
Minister of State
Department for Communities and Local Government
EXPLANATORY NOTE
(This note is not part of the Order)

Article 2 of this Order revokes the Milton Keynes (Urban Area and Planning Functions) Order 2004 (“the 2004 Order”).

The effect of revoking the 2004 Order is that the Homes and Communities Agency ceases to be the local planning authority, in relation to the kinds of development and for the purposes specified in that Order, for the designated area. The planning functions concerned revert to the Council of the borough of Milton Keynes which, but for the 2004 Order, would be the local planning authority.

This Order makes transitional provisions in connection with the transfer of planning functions and planning applications from the Homes and Communities Agency to the local authority and the payment of compensation (articles 3, 4 and 5).

An Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or voluntary bodies.