Citation and commencement

1. This Order may be cited as the Merseyside Development Corporation (Planning Functions) (Liverpool and Wirral) Order 1988 and shall come into force on 8th December 1988.

Interpretation

2. In this Order-

• "the 1971 Act" means the Town and Country Planning Act 1971 (2);

• "the 1980 Act" means the Local Government, Planning and Land Act 1980;

• "the development area" means the area designated as an urban development area by the Liverpool and Wirral Urban Development Area Order 1988 (3); and

• "the development corporation" means the Merseyside Development Corporation (4).

Planning functions of the development corporation

3. Subject to the provisions of articles 5 and 6 of this Order-

(a)the development corporation shall be the local planning authority for the development area, in place of any other authority which would otherwise be the local planning authority, for all the purposes of Part III of the 1971 Act in relation to all kinds of development;

(b)the development corporation shall have in the whole of the development area, and in place of any authority (except the Secretary of State) which would otherwise have them, the functions conferred by all the provisions of the 1971 Act specified in Part I of Schedule 29 to the 1980 Act.

Modifications of provisions of the 1971 Act

4. All the provisions of the 1971 Act specified in Part II of schedule 29 to the 1980 Act, which have effect in relation to the development corporation (5)with the modifications specified in that Part, shall similarly have effect in relation to the development area.

Transitional provision: planning applications

5.-(1) This article applies as respects any application for planning permission or for a consent, approval or determination under the 1971 Act or any order or regulation made or having effect under that Act which-

(a)was duly made before this Order came into force to an authority which ceases by virtue of the preceding provisions of this Order to be the planning authority responsible for determining the application ("the previous authority"); and

(b)has not been determined when this Order comes into force.

(2) (a) Subject to sub paragraph (b), except where the previous authority resolves with the agreement of the applicant to transmit the application to the development corporation for determination, that authority shall have in relation to the application the same powers and duties as it would have if this Order had not been made.

(b)Where an application relates to development or development of a class in respect of which there is in force a direction under article 10 of the Town and Country Planning General Development Order 1977 (5)the previous authority shall not determine the application but shall, within 10 days of this Order coming into force, transmit it to the development corporation for determination.

(3) Where the previous authority transmits an application to the development corporation for determination, the application shall be treated as received by the corporation from the applicant on the day on which it is transmitted to the corporation.

(4) Where an appeal is made to the Secretary of State under section 36 of the 1971 Act against a decision or determination made in relation to land within the development area by an authority which ceased by virtue of the preceding provisions of this Order to be the local planning authority responsible for making such decisions or determinations, that authority shall continue to be the local planning authority for the purposes of the appeal, but shall notify the development corporation of the appeal and transmit to the Secretary of State any representation received from the development corporation.

Transitional provision: compensation

6.-(1) Where a right to compensation arises under Part VIII of the 1971 Act in consequence of action taken in relation to land within the development area by an authority which ceases by virtue of this Order to be the local planning authority in relation to that matter, the liability to pay compensation shall lie with that authority.

(2) Where the Secretary of State makes a determination of an appeal against action taken by such authority as is mentioned in paragraph (1), or on a reference made to him by such authority, and that determination gives rise to a right to compensation, that authority shall be liable to pay the compensation.

(3) Where the Secretary of State makes an order under section 276 in respect of a matter arising before this Order comes into force, which relates to land in the development area, the authority which was the local planning authority in relation to that land when the matter arose remains liable to pay any compensation arising from the order.

Explanatory Note

(This note is not part of the Order)

The Liverpool and Wirral Urban Development Area Order 1988 designates the Liverpool and Wirral urban development area and provides for the functions of an urban development corporation for the area to be performed by the Merseyside Development

This Order makes that corporation the local planning authority for the Liverpool and Wirral urban development area for all the purposes of Part III (general planning control) of the Town and Country Planning Act 1971 (article 3(a)), and for those purposes which are specified in Part I of Schedule 29 to the Local Government, Planning and Land Act 1980 which deal with additional control in special cases, enforcement of control, listed buildings and conservation areas (article 3(b)).

The Order applies other provisions of the 1971 Act specified in Part II of Schedule 29 to the 1980 Act to the area subject to the modifications set out in that Part (article 4).

Provision is made for the former local planning authorities to determine applications received by them prior to the date on which this Order comes into force or with the applicant's agreement to transmit them to the corporation for determination; the former authorities cannot, however, determine any such application for development which is subject to a direction under article 10 of the Town and Country Planning General Development Order 1977 (article 5). A second transitional provision (article 6) leaves responsibility for the payment of compensation under Part VIII of the 1971 Act with the local planning authority who took the action giving rise to a right to compensation.