2024 No. 918

URBAN DEVELOPMENT, ENGLAND

The London Legacy Development Corporation (Establishment and Planning Functions) (Amendment and Revocation) Order 2024

Made9th September 2024

Laid before Parliament10th September 2024

Coming into force1st December 2024

The Mayor of London has notified the Secretary of State of a boundary alteration in accordance with section 199(3)(b) of the Localism Act 20111 (“the 2011 Act”).

The Mayor of London has notified the Secretary of State in accordance with section 204(5)(b) of the 2011 Act of a decision under section 204(2) and (3) of that Act that the London Legacy Development Corporation is to cease to have the functions conferred under the London Legacy Development Corporation (Planning Functions) Order 20122.

Accordingly, the Secretary of State makes this Order in exercise of the powers conferred by sections 198(2) and 235(2) of the 2011 Act.

Citation, commencement and extent1.

(1)

This Order may be cited as the London Legacy Development Corporation (Establishment and Planning Functions) (Amendment and Revocation) Order 2024 and comes into force on 1st December 2024.

(2)

This Order extends to England and Wales.

Interpretation2.

In this Order—

“the 1990 Act” means the Town and Country Planning Act 19903;

“the 2004 Act” means the Planning and Compulsory Purchase Act 20044;

“the 2012 Establishment Order” means the London Legacy Development Corporation (Establishment) Order 20125;

“commencement date” means 1st December 2024;

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 19906;

“the LLDC” means the body corporate known as the London Legacy Development Corporation established by article 3 of the 2012 Establishment Order;

“original development area” means the area of land defined as the Mayoral development area in article 2(1) of the 2012 Establishment Order as it was prior to the commencement date;

“planning document” means any notice, certificate, publicity document, consultation document or other document pertaining to the exercise of functions under the 1990 Act, the 2004 Act, the Listed Buildings Act or any order or regulation having effect under those Acts;

“successor authority” means in relation to land in the original development area, the council of a London borough which becomes, by virtue of section 1(2) of the 1990 Act7 or section 37(4) of the 2004 Act (as the case may be), and article 4 of this Order, the local planning authority in respect of functions exercised before the commencement date by the LLDC.

Alteration of the LLDC boundary3.

(1)

Article 2 of the 2012 Establishment Order is amended as follows.

(2)

In paragraph (1), after “shown” insert “shaded grey”.

(3)

For paragraph (2) substitute—

“(2)
In paragraph (1), “the map” means the map marked “Map referred to in the London Legacy Development Corporation (Establishment) Order 2012 as amended by the London Legacy Development Corporation (Establishment and Planning Functions) (Amendment and Revocation) Order 2024” of which prints signed by a Director in the Ministry of Housing, Communities and Local Government have been deposited and are available for inspection at the offices of the Secretary of State for Housing, Communities and Local Government and at the offices of the Greater London Authority.”.

Revocation of planning functions and additional functions of the LLDC4.

(1)

The London Legacy Development Corporation (Planning Functions) Order 2012 is revoked.

(2)

The Schedule makes transitional provision in relation to the functions exercised by the LLDC prior to the commencement date.

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

Matthew Pennycook

Minister of State

Ministry of Housing, Communities and Local Government

9th September 2024

ScheduleTransitional provision relating to functions exercised by the LLDC prior to 1st December 2024

Article 4(2)

Transitional provision in connection with functions

1. (1)

Subject to paragraphs 2 to 8, this paragraph applies to any functions in relation to which the LLDC ceases on the commencement date to be the local planning authority by virtue of this Order.

(2)

Anything which was in the process of being done by, to or in relation to the LLDC in connection with any of the functions mentioned in sub-paragraph (1) before the commencement date may be continued after that date by, to or in relation to the successor authority and, if continued must be treated as having been done by, to or in relation to the successor authority.

(3)

Nothing in sub-paragraph (2) requires the successor authority to continue with any step mentioned in that sub-paragraph.

Transitional provision: planning applications

2. (1)

This paragraph applies to any application for planning permission, permission in principle, consent, agreement, approval or determination under the 1990 Act, or the Listed Buildings Act, or under any order or regulation made or having effect under those Acts which —

(a)

relates in whole or in part to the land in the original development area,

(b)

was made to the LLDC before the commencement date, and

(c)

has not been determined by that date.

(2)

The LLDC must transmit any application referred to in sub-paragraph (1) to the successor authority for determination.

(3)

Where an application to which this paragraph applies is the subject of a direction made (whether before or after the commencement date) by the Secretary of State under section 77 of the 1990 Act8 or section 12 of the Listed Buildings Act9 requiring that the application be referred to the Secretary of State, the successor authority will be the local planning authority in respect of the application —

(a)

for the purposes of section 77 of the 1990 Act or section 12 of the Listed Buildings Act (as the case may be), and

(b)

for the purposes of any Planning Inquiry Commission constituted by the Secretary of State under section 101 of the 1990 Act to inquire into the application.

(4)

Where sub-paragraph (3) applies, the LLDC must notify the successor authority of a direction it receives.

(5)

Where the LLDC transmits an application to the successor authority for determination —

(a)

the LLDC must notify the applicant that the successor authority is to become the local planning authority for the application,

(b)

the application must be accompanied by a copy of any representations received by the LLDC concerning the application, and

(c)

the application must be treated as if received by the successor authority from the applicant on the day on which it is transmitted to the successor authority.

(6)

Where any planning document has been, or is in the process of being, issued by the LLDC in relation to an application before the day on which it is transmitted to the successor authority, no further planning document is required to be issued by the successor authority solely because the application has been transmitted.

Transitional provision: planning appeals

3. (1)

This paragraph applies where an appeal is made to the Secretary of State under—

(a)

section 78, 174 or 208(1) of the 1990 Act10, or

(b)

section 20 of the Listed Buildings Act11,

in respect of a decision of notice, or failure to make a decision or give notice by a previous authority in relation to any land in the development area before the commencement date.

(2)

The successor authority is the local planning authority for the purposes of the appeal.

(3)

The LLDC must transmit to the successor authority any documentation received in relation to the appeal.

Transitional provision: compensation in connection with planning functions

4. (1)

Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act12, section 28 or 29 of the Listed Buildings Act or regulation 24 of the Town and Country Planning (Tree Preservation) (England) Regulations 201213 in consequence of action taken by the LLDC in relation to any land in the original development area, the liability to pay compensation lies with the LLDC.

(2)

Where—

(a)

the Secretary of State makes a determination —

(i)

of an appeal against action taken by the LLDC as is mentioned in sub-paragraph (1), or

(ii)

on a reference made to the Secretary of State by the LLDC, and

(b)

that determination gives rise to a right to compensation,

the LLDC is liable to pay the compensation.

(3)

Where, on or after the commencement date, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act14 in respect of a matter arising before that date, which relates to land within the original development area, the LLDC is liable to pay any compensation arising from the order or notice.

Transitional provision: section 106 planning obligations

5.

Where before the commencement date a planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act15—

(a)

relates to any land in the original development area, and

(b)

identifies the LLDC as the local planning authority by whom that obligation is enforceable,

that obligation is enforceable by the successor authority for the area to which it relates.

Transitional provision: development plan documents and supplementary planning documents

6. (1)

Any development plan document or supplementary planning document adopted by the LLDC under section 23 of the 2004 Act16 before the commencement date has effect on and after that date as if it had been adopted by the successor authority for the area to which it relates.

(2)

Nothing in sub-paragraph (1) affects any power of a successor authority to request that a development plan document to which paragraph (1) related is revoked.

(3)

Sub-paragraph (4) applies where, before the commencement date, the LLDC has taken or started to take any step in relation to the preparation of a development plan document or supplementary planning document (“the draft document”) pursuant to section 19, 20 or 26 of the 2004 Act17 or under any order or regulation made or having effect under that Act.

(4)

Any step mentioned in sub-paragraph (3) is treated on or after the commencement date as a step taken or started by the successor authority for that area.

(5)

Where sub-paragraph (4) applies to a draft document the LLDC must send a copy of any representations received concerning the draft document to the successor authority.

(6)

Where any planning document has been issued by the LLDC in relation to a draft document referred to in sub-paragraph (3) before the commencement date, no further planning document is required to be issued by the successor authority solely as a result of the transfer of functions to the successor authority by this Order.

(7)

Where a draft document referred to in sub-paragraph (3) which is a development plan document has been submitted for examination under section 20 of the 2004 Act before the commencement date and the person appointed to carry out that examination has not at that date made their recommendations —

(a)

nothing in this Order prevents that person from deciding that the document complies with the matters set out in section 20(5) of that Act, and

(b)

that person must send their recommendations when made to the successor authority.

(8)

In this paragraph—

“development plan document” has the same meaning as in section 37(3) of the 2004 Act18;

“supplementary planning document” has the same meaning as regulation 2(1) of the Town and Country Planning (Local Planning) Regulations 201219.

Transitional provision: local development orders

7. (1)

Any local development order adopted by the LLDC under section 61A of the 1990 Act20 before the commencement date has effect on or after that date as if it had been made by the successor authority for the area to which it relates.

(2)

Nothing in sub-paragraph (1) affects any power of the Secretary of State or the successor authority to revoke a document to which paragraph (1) relates.

(3)

Sub-paragraph (4) applies where, before the commencement date, the LLDC has taken or started any step in relation to the preparation of a local development order (“the draft order”) pursuant to the Town and Country Planning (Development Management Procedure) (England) Order 201521.

(4)

Any step mentioned in sub-paragraph (3) is treated on and after the commencement date as a step taken by the successor authority for that area.

(5)

Where sub-paragraph (4) applies to a draft order the LLDC must send a copy of any representations received concerning that draft order to the successor authority.

(6)

Where any planning document has been issued by the LLDC in relation to the draft order referred in sub-paragraph (3) before the commencement date, no further planning document is required to be issued by the successor authority solely as a result of the transfer of functions to the successor authority by this Order.

(7)

In this paragraph “local development order” means a local development order within the meaning of Part 3 of the 1990 Act.

Transitional provision: neighbourhood planning

8. (1)

This paragraph applies as respects any area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal which —

(a)

relates in whole or in part to the land in the original development area,

(b)

was made before the commencement date to the LLDC, and

(c)

has not been determined by that date.

(2)

The application or proposal referred to in sub-paragraph (1) is treated on or after the commencement date as if it had been made to the successor authority for the area.

(3)

The LLDC must transmit any application or proposal referred to in sub-paragraph (1) to the successor authority for determination.

(4)

Any step taken or started before the commencement date by the LLDC in relation to an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal to which this paragraph applies is treated on and after the commencement date as a step taken or started by the successor authority for the area to which it relates.

(5)

Where the LLDC transmits an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal to the successor authority for determination under sub-paragraph (3), the LLDC must also send a copy of any representations received by the LLDC concerning the application or proposal.

(6)

Where any planning document has been issued by the LLDC in relation to an area application, neighbourhood forum application, neighbourhood development plan proposal or order proposal before the commencement date, no further planning document is required to be issued by the successor authority solely as a result of the transfer of functions to the successor authority by this Order.

(7)

Where a neighbourhood development plan proposal or order proposal to which paragraph 8 applies has been submitted for examination under paragraph 7 of Schedule 4B to the 1990 Act22 (as applied, with modifications, by section 38A of the 2004 Act23) before the commencement date and the person appointed to carry out that examination has not at that date made their recommendations —

(a)

nothing in this Order prevents that person from deciding that the document meets the requirement set out in paragraph 8 of that Schedule24, and

(b)

that person must send their recommendations to the successor authority.

(8)

In this paragraph—

“area application” means an application for the designation of a neighbourhood development area made under section 61G of the 1990 Act25;

“neighbourhood development plan proposal” means a proposal for a neighbourhood development plan26 submitted by a qualifying body27 under paragraph 1 of Schedule 4B to the 1990 Act (as applied, with modifications, by section 38A of the 2004 Act);

“neighbourhood forum application” means an application for designation as a neighbourhood forum made by an organisation or body under section 61F of the 1990 Act28;

“order proposal” means a proposal for a neighbourhood development order29 submitted by a qualifying body30 under paragraph 1 of Schedule 4B to the 1990 Act or a community right to build order submitted by a community organisation31 under paragraph 1 of Schedule 4B to the 1990 Act, as read with paragraph 2 of Schedule 4C to the 1990 Act32.

Explanatory Note

(This note is not part of the Order)

The London Legacy Development Corporation (Establishment) Order 2012 (S.I. 2012/310) established a Mayoral development corporation, the London Legacy Development Corporation (“LLDC”), in relation to an area, designated as a Mayoral development area, which encompassed the site of the Olympic Park and the surrounding area.

This Order removes land from the Mayoral development area of the LLDC. The revised Mayoral development area is shown bounded externally by the inner edge of a black line on the map referred to in article 3(3), of which prints signed by a Director in the Ministry of Housing, Communities and Local Government have been deposited and are available for inspection at the offices of the Secretary of State for Housing, Communities and Local Government and at the offices of the Greater London Authority.

The London Legacy Development Corporation (Planning Functions) Order 2012 (S.I. 2012/2167) (“the 2012 Planning Functions Order”) conferred certain planning functions from four constituent borough authorities (the London Boroughs of Hackney, Newham, Tower Hamlets and Waltham Forest) on the LLDC. This Order returns the planning functions and certain other associated functions to these authorities by revoking the 2012 Planning Functions Order.

The Schedule to this Order makes transitional provision in relation to functions conferred by the 2012 Planning Functions Order which will revert to the borough authorities.

A full impact assessment has not been prepared for this Order as there will be no significant impacts on business, local residents or the voluntary sector