The Hartlepool Development Corporation (Functions) Order 2023

Explanatory Note

(This note is not part of the Order)

The Hartlepool Development Corporation (Establishment) Order 2023 (S.I. 2023/104) established a Mayoral development corporation for a designated Mayoral development area in Hartlepool.

Part 2 of this Order makes the development corporation the local planning authority for the whole of the development area for the purposes of Part 3 of the Town and Country Planning Act 1990 (“the 1990 Act”). It confers on the development corporation the functions of the 1990 Act and the Planning (Listed Buildings and Conservation Areas) Act 1990 which are specified in Part 1 of Schedule 29 to the Local Government, Planning and Land Act 1980 (“the 1980 Act”). It also applies other provisions specified in Part 2 of Schedule 29 to the 1980 Act to the development corporation and the development area, subject to the modifications set out in that Part.

Schedule 1 to this Order makes transitional provision in relation to planning functions exercised prior to 1st June 2023 by local planning authorities which will be exercised after that date by the development corporation. Provision is made for the transfer of planning functions and planning applications from the previous local planning authority to the development corporation, the payment of compensation, enforcement, planning appeals, planning obligations, local development orders and neighbourhood development orders.

Part 3 of this Order provides that the development corporation is to have the power to grant discretionary relief from business rates.

Schedule 2 to this Order makes transitional provision in relation to the power to grant discretionary relief from business rates exercised prior to 12th May 2023.

Part 4 of this Order makes provision about the payment of compensation by the development corporation to the billing authority where the development corporation has, or intends to, exercise its functions to grant discretionary relief. Before the start of a financial year, the development corporation must calculate an estimate of the reduction in the billing authority’s non-domestic rating income that will result from the relief granted. Compensation must then be paid at set times throughout the course of the year. At the end of the year, the development corporation must recalculate the reduction in the billing authority’s non-domestic rating income and a reconciliation payment may be required from the development corporation or the billing authority. The authorities may agree that different amounts are payable or that payments may be made at different times. Interest will accrue on late payments and any unpaid amount is recoverable in a court of competent jurisdiction.

Insofar as the instrument concerns non-domestic rating, an impact assessment has not been produced because it amends an existing local tax regime and publication of a full impact assessment is not necessary for such legislation. A full regulatory impact assessment has not been prepared for the remainder of the instrument as it will have no, or no significant, impact on the costs of business and the voluntary sector.