The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017

Planning applications of potential strategic importance E+W

5.—(1) The Combined Authority shall have, in relation to the Area, functions corresponding to the following functions that the Mayor of London has in relation to Greater London—

(a) section 2A of the 1990 Act (the Mayor of London: applications of potential strategic importance)(1);

(b) section 2B of the 1990 Act (section 2A: supplementary provisions)(2);

(c) section 2C of the 1990 Act (matters reserved for subsequent approval)(3);

(d) section 2E of the 1990 Act (section 2A and planning obligations under section 106)(4);

(e) section 2F of the 1990 Act (representation hearings)(5);

(f) section 74 of the 1990 Act (directions etc. as to method of dealing with applications)(6);

(g) the 2008 Order.

(2) Sections 2A, 2B, 2C, 2D, 2E and 2F of the 1990 Act and the 2008 Order apply in relation to the consideration of applications of potential strategic importance by the Combined Authority as they apply in relation to the consideration of applications of potential strategic importance by the Mayor of London.

(3) In section 2A(3)(a) of the 1990 Act as applied by paragraph (2) the references to “Greater London” are to be read as references to “the Area”.

(4) The provisions in section 333 of the 1990 Act (orders and regulations) apply in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Combined Authority, as it applies in relation to the power of the Secretary of State to make orders under sections 2A and 2F of that Act in relation to the Mayor of London (7).

(5) The provisions in the 2008 Order apply in relation to the Combined Authority’s power to direct that applications for planning permission of potential strategic importance must be determined by the Combined Authority in place of the local planning authority as they apply in relation to the Mayor of London’s power to direct that applications for planning permission of potential strategic importance must be determined by the Mayor of London in place of the local planning authority.

(6) The 2008 Order shall have effect as if—

(a) for every reference to “the Mayor” there were substituted “the Combined Authority”;

(b) article 3 were omitted;

(c) in article 6—

(i) every reference to “Greater London” is to be read as a reference to “the Area”,

(ii) in paragraph (2)(a) for “the Greater London Authority” there were substituted “the Combined Authority”, and

(iii) paragraph (2)(c) and (f) were omitted; and

(d) for Parts 1, 2 and 3 of the Schedule to the 2008 Order there were substituted Parts 1, 2 and 3 in Schedule 2.

Commencement Information

I1 Art. 5 in force at 8.5.2017, see art. 1(3)

(1)

Section 2A was inserted by section 31 of the Greater London Authority Act 2007 and was amended by section 222 of and paragraph 31 of Schedule 22 to the 2011 Act; section 1 of and paragraph 2 of Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27); and by sections 149 and 150 of and paragraph 2 of Schedule 12 to the Housing and Planning Act 2016 (c. 22).

(2)

Section 2B was inserted by section 31 of the Greater London Authority Act 2007 and was amended by section 28 of the Growth and Infrastructure Act 2013.

(3)

Section 2C was inserted by section 31 of the Greater London Authority Act 2007 and was amended by section 1 of and paragraph 2 of Schedule 1 to the Growth and Infrastructure Act 2013.

(4)

Section 2E was inserted by section 32 of the Greater London Authority Act 2007.

(5)

Section 2F was inserted by section 35 of the Greater London Authority Act 2007.

(6)

Section 74 was amended by section s19 and 84 of and paragraph 1 of Schedule 19 to the Planning and Compensation Act 1991 (c. 34); section 344 of the 1999 Act; section 121 of and paragraph 9 of Schedule 12 to the 2011 Act; section 30 of and paragraph 10 of Schedule 4(2) to the Infrastructure Act 2015 (c. 7); and by sections 149 and 150 of and paragraph 17 of Schedule 12 to the Housing and Planning Act 2016 (c. 22).

(7)

The Secretary of State’s power to make orders under sections 2A and 2F of that Act, is by statutory instrument, prescribing the circumstances in which, and the conditions subject to which, the Mayor of London may give a direction under section 2F of that Act and provision in relation to public admission to representation hearings and public access to documents, etc at such hearings under section 2F of that Act.