The Ebbsfleet Development Corporation (Area and Constitution) Order 2015

Statutory Instruments

2015 No. 747

Urban Development

The Ebbsfleet Development Corporation (Area and Constitution) Order 2015

Made

26th March 2015

Laid before Parliament

27th March 2015

Coming into force

20th April 2015

The Secretary of State, in exercise of the powers conferred by sections 134(1), 135(1) and 135(4) of, and paragraph 1 of Schedule 26 to, the Local Government, Planning and Land Act 1980(1), makes the following Order.

Having consulted(2) in accordance with sections 134(1A)(3) and 135(1A)(4) of the Local Government, Planning and Land Act 1980, the Secretary of State is of the opinion that it is expedient in the national interest to designate the areas described in article 2 as an urban development area.

Citation and commencement

1.  This Order may be cited as the Ebbsfleet Development Corporation (Area and Constitution) Order 2015, and shall come into force on 20th April 2015.

Designation of urban development area and inspection of map

2.—(1) The areas in and around Ebbsfleet in North Kent (and which lie within the areas of Dartford Borough Council and Gravesham Borough Council) shown on the Map bounded externally by a thick red line and shaded internally in yellow are hereby designated as an urban development area.

(2) In paragraph (1) “the Map” means the map entitled “Map referred to in the Ebbsfleet Development Corporation (Area and Constitution) Order 2015”, prints of which (signed by a Director in the Department for Communities and Local Government) are deposited and available for inspection at the offices of—

(a) The Records and Information Governance Services;

(b) Kent County Council;

(c) Dartford Borough Council; and

(d) Gravesham Borough Council.

Establishment of the Ebbsfleet Development Corporation

3.—(1) For the purposes of regenerating the area designated by article 2(1) there is established an urban development corporation named “the Ebbsfleet Development Corporation”.

(2) The Ebbsfleet Development Corporation shall consist of 9 members in addition to the chairman and the deputy chairman.

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

Lord Ahmad

Parliamentary Under Secretary of State

Department for Communities and Local Government

26th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order designates three areas lying within Dartford Borough Council and Gravesham Borough Council as an urban development area under Part 16 (Urban Development) of the Local Government, Planning and Land Act 1980 (“the Act”), and establishes an urban development corporation under the Act for the purposes of regenerating the area. The area is shown outlined in red and shaded yellow on the map forming part of this Note.

The Order provides that the urban development corporation shall be called the Ebbsfleet Development Corporation, and that it shall have 9 members in addition to the chairman and the deputy chairman.

The constitution, proceedings and staffing of the development corporation are governed by Schedule 26 to the Act.

Prints of the Map referred to in article 2 of this Order are available for inspection during office hours at The Records and Information Governance Services, Deposited Documents Room F13, Ashdown House, Sedlescombe Road North, St. Leonards on Sea, East Sussex, TN37 7GA and at the following offices of the councils mentioned in article 2(2);

Planning Applications Group, Kent County Council, Invicta House, Maidstone, Kent, ME14 1XX;

Planning Services, Dartford Borough Council, Civic Centre, Home Gardens, Dartford, Kent, DA1 1DR;

Gravesham Borough Council, Civic Centre, Windmill Street, Gravesend, DA12 1AU.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

For information purposes only, a plan of the Ebbsfleet Urban Development Area appears below.

  

(1)

1980 c.65. Section 134 was amended by the Housing and Planning Act 1986 (c. 63), sections 47, 49(2) and Part 3 of Schedule 12; by the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28), section 179(1), (2) and (3); and by section 45 of the Deregulation Act 2015 (c. 20). Section 135 of the 1980 Act was amended by the Leasehold Reform, Housing and Urban Development Act 1993, section 179(4); and by section 46 of the Deregulation Act 2015.

(2)

Section 45(4) and 46(4) of the Deregulation Act 2015 provides that the duty to consult may be satisfied by consultation conducted before sections 134(1A) and 135(1A) of the Local Government, Planning and Land Act 1980 come into force.

(3)

Section 45 of the Deregulation Act 2015 modifies section 134 of the Local Government, Planning and Land Act 1980 in relation to orders designating an area of land in England as an urban development area where those orders are laid before Parliament on or before 31 March 2016. A new subsection (1A) is inserted into section 134 of the 1980 Act and requires that the Secretary of State consult the listed persons before making an order designating an area as an urban development area. Section 45 of the Deregulation Act 2015 amends section 134 of the 1980 Act to provide that orders made designating an area of land in England as an urban development area, where those orders are laid before Parliament on or before 31 March 2016, are to be made using the negative resolution procedure.

(4)

Section 46 of the Deregulation Act 2015 modifies section 135 of the Local Government, Planning and Land Act 1980 in relation to orders establishing urban development corporations for an urban development area in England where those orders are laid before Parliament on or before 31 March 2016. A new subsection (1A) is inserted into section 135 of the 1980 Act and requires that the Secretary of State consult the listed persons before making an order designating an area as an urban development area. Section 46 of the Deregulation Act 2015 amends section 135 of the 1980 Act to provide that orders made establishing urban development corporations for an area of land in England, where those orders are laid before Parliament on or before 31 March 2016, are to be made using the negative resolution procedure.