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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The West Northamptonshire Development Corporation (Planning Functions) Order 2006 No. 616 URL: http://www.bailii.org/uk/legis/num_reg/2006/20060616.html |
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Made | 3rd March 2006 | ||
Laid before Parliament | 15th March 2006 | ||
Coming into force | 6th April 2006 |
The planning functions areas
3.
—(1) The central planning functions area is that part of the development area shown on the map numbered 1 bounded externally by a black line and edged internally with a black stippled band.
(2) The outer planning functions area is that part of the development area shown on the maps numbered 2 to 4 bounded externally by a black line and edged internally with a red stippled band, excluding the area shaded grey on map number 2.
(3) In paragraphs (1) and (2), "the map" means the set of maps numbered 1 to 4 entitled "Maps referred to in the West Northamptonshire Development Corporation (Planning Functions) Order 2006" of which prints, signed by a Director in the Office of the Deputy Prime Minister, are deposited and available for inspection at the offices of the First Secretary of State, of the Government Office for the East Midlands, of the development corporation, of Northamptonshire County Council, of Northampton Borough Council, and of Daventry and South Northamptonshire District Councils.
Planning functions of the development corporation in the central planning functions area
4.
—(1) Subject to articles 7 and 8, the development corporation shall be the local planning authority for the central planning functions area for the purposes of Part 3 of the 1990 Act in relation to all kinds of development except for—
(d) to the extent that it is not specified in sub-paragraph (a) to (c), development by or on behalf of an electronic communications code operator for the purpose of the operator's electronic communications network; and
(e) to the extent that it is not otherwise specified in this paragraph, development which is primarily for the installation, alteration or replacement of a microwave antenna or a satellite antenna.
Planning functions of the development corporation in the outer planning functions area
5.
—(1) Subject to articles 7 and 8, the development corporation shall be the local planning authority for the outer planning functions area for the purposes of Part 3 of the 1990 Act in relation to the following kinds of development—
(h) development which comprises or includes the provision for a use falling within class B1, B2 or B8 of the Use Classes Order where the development occupies one hectare or more of land;
(i) development which comprises or includes the provision of, or is likely to result in the loss of, 1,000 square metres or more of floorspace for a casino or use falling within any or all of the following classes of the Use Classes Order—
(j) development which comprises or includes the provision of a casino or use falling within class D2 of the Use Classes Order where the development occupies one hectare or more of land;
(k) development which comprises or includes the provision of a building which is 15 metres or more in height;
(l) development on two hectares or more of land which comprises or includes the winning and working of minerals in, on, or under the land, whether by surface or underground working;
(m) waste or recycling development to provide an installation with capacity for a throughput of more than 20,000 tonnes a year of refuse or of waste materials produced outside the land in respect of which planning permission is sought;
(n) development which includes the provision of 50 or more car parking spaces, whether or not in combination with any other development or use;
(o) development which comprises, includes the provision of, or extends—
(p) development which occupies one hectare or more of land and which—
(q) development which is not of a kind specified in any of the preceding sub-paragraphs but which forms part of more substantial proposed development of such a kind on the same land or adjoining land in the development area.
(3) For the purposes of this article—
(e) development occupies that area in respect of which the application for planning permission for the development seeks planning permission.
(f) "recycling development" means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, recycling of refuse or waste materials;
(g) references to recycling waste include re-using it (whether or not the waste is subjected to any process); and
(h) "waste development" means any operational development designed to be used wholly or mainly for the purpose of, or a material change of use to, treating, keeping, processing, recovering or disposing of refuse or waste materials.
Modifications of the provisions of the 1990 Act
6.
All of the provisions of the 1990 Act specified in Part 2 of Schedule 29 to the 1980 Act[10] shall have effect in relation to the development corporation and to the central planning functions area and the outer planning functions area with the modifications specified in that Part.
Transitional provision: applications to local planning authorities
7.
—(1) This article applies to any application for planning permission or for a consent, approval or determination under the 1990 Act, or under any order or regulation made or having effect under that Act which—
(b) was duly made before this Order came into force to an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions of this Order to be the local planning authority responsible for determining the application ("the previous authority"); and
(c) has not been determined when this Order comes into force.
(b) the authority consider the application is—
Transitional provision: compensation
8.
—(1) Where a right to compensation arises under section 107[12], 108 or 115 of the 1990 Act in consequence of action taken in relation to land within the central or outer planning functions areas by an authority which ceases by virtue of section 7 of the 1990 Act and the preceding provisions 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—
(b) that determination gives rise to a right to compensation,
that authority shall be liable to pay the compensation.
(3) Where the Secretary of State—
the authority which was the local planning authority in relation to that land when the matter arose shall remain liable to pay any compensation arising from the order or notice.
Signed by authority of the First Secretary of State
Kay Andrews
Parliamentary Under Secretary of State Office of the Deputy Prime Minister
3rd March 2006
[4] S.I. 1987/764; relevant amending instruments are S.I. 1991/1567, S.I. 1992/610, S.I. 1992/657, S.I. 1994/724, S.I. 1995/297, S.I. 1999/293, S.I. 2005/84 and S.I. 2006/220.back
[6] See article 3 of S.I. 2004/3370.back
[9] S.I. 1995/419; relevant amendments were made by S.I. 1996/1817.back
[10] Part 2 of Schedule 29 was amended by paragraph 44(13) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.34).back
[11] Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991 (c.34), and by section 40(2)(e) of the Planning and Compensation Act 2004 (c.5).back
[12] Section 107 was amended by paragraph 8 of Schedule 1 to, and paragraph 13 of Schedule 6 to, the Planning and Compensation Act 1991 (c.34).back
[13] Section 100 was amended by paragraph 5 of Schedule 1 to the Planning and Compensation Act 1991 (c.34).back
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