|
| |
|
(4) | For the purposes of this section “application of potential strategic |
| |
importance” is to be construed in accordance with an order under this |
| |
| |
(5) | So far as the context requires, in relation to— |
| |
(a) | the determination of an application by virtue of this section, or |
| 5 |
(b) | the determination of a connected application by virtue of |
| |
| |
| any reference in an enactment to a local planning authority or a |
| |
hazardous substances authority includes a reference to the Mayor of |
| |
| 10 |
| This subsection is subject to any provision made by an order under this |
| |
section by virtue of section 2C(2). |
| |
(6) | An order under this section— |
| |
(a) | may make different provision for different cases or different |
| |
| 15 |
(b) | may make provision for exceptions or exclusions. |
| |
(7) | Sections 2B and 2C contain provisions supplementing this section. |
| |
2B | Section 2A: supplementary provisions |
| |
(1) | In deciding whether to give a direction under section 2A, the Mayor of |
| |
London is to have regard to guidance issued by the Secretary of State. |
| 20 |
(2) | A direction under section 2A must include the Mayor of London’s |
| |
| |
(3) | If the Mayor of London gives a direction under section 2A, he must at |
| |
that time send a copy of the direction to the applicant and to the |
| |
| 25 |
(4) | Subsection (5) applies where the Mayor of London— |
| |
(a) | gives a direction under section 2A in the case of any application, |
| |
| |
(b) | considers that an application falling within subsection (6) (the |
| |
“connected application”) is connected with that application. |
| 30 |
(5) | Where this subsection applies, the Mayor of London is to be— |
| |
(a) | the local planning authority for the purposes of determining the |
| |
connected application (in the case of an application falling |
| |
within subsection (6)(a) or (b)), or |
| |
(b) | the hazardous substances authority for the purposes of |
| 35 |
determining the connected application (in the case of an |
| |
application falling within subsection (6)(c)). |
| |
(6) | The applications are— |
| |
(a) | an application for listed building consent under the Planning |
| |
(Listed Buildings and Conservation Areas) Act 1990, |
| 40 |
(b) | an application for conservation area consent under that Act, |
| |
(c) | an application for hazardous substances consent under the |
| |
Planning (Hazardous Substances) Act 1990. |
| |
(7) | Section 38(1) of the Greater London Authority Act 1999 (delegation of |
| |
functions by the Mayor) does not apply to— |
| 45 |
|
| |
|
| |
|
(a) | the function of giving a direction under section 2A(1), |
| |
(b) | the function of determining an application by virtue of section |
| |
| |
2C | Further provision about orders under section 2A |
| |
(1) | An order under section 2A may make provision— |
| 5 |
(a) | in relation to applications to which section 2A applies, |
| |
(b) | in relation to applications which are connected applications by |
| |
| |
(c) | in relation to the procedures to be followed for or in connection |
| |
with applications mentioned in paragraph (a) or (b), |
| 10 |
(d) | otherwise for the purpose of implementing or supplementing |
| |
| |
(2) | The provision which may be made by virtue of subsection (1) includes |
| |
the application of any enactment (with or without modification) in |
| |
relation to cases where, by virtue of section 2A or 2B or an order under |
| 15 |
section 2A, the Mayor of London exercises a function that would |
| |
otherwise have been exercisable by another body or person. |
| |
(3) | Such provision may include, in particular, provision for the Mayor of |
| |
London to exercise functions in relation to enforcement (instead of, or |
| |
as well as, a local planning authority).”. |
| 20 |
(3) | In section 333 of TCPA 1990 (regulations and orders)— |
| |
(a) | in subsection (4) after “sections 2,” insert “2A,”, |
| |
(b) | in subsection (5)(b) after “section” insert “2A,”. |
| |
(4) | In section 1 of the Planning (Hazardous Substances) Act 1990 (c. 10) |
| |
(hazardous substances authorities: general) at the end insert— |
| 25 |
| “But, in the case of a London borough, see also section 2B(5) of the |
| |
principal Act (Mayor of London to be the hazardous substances |
| |
authority in certain circumstances).”. |
| |
| |
After section 2C of TCPA 1990 insert— |
| 30 |
“2D | Section 2A and planning obligations under section 106 |
| |
(1) | This section applies where the Mayor of London has given a direction |
| |
under section 2A in relation to a planning application. |
| |
(2) | Where this section applies, the function of agreeing a planning |
| |
obligation related to the application is a function of the Mayor of |
| 35 |
London instead of a function of the local planning authority. |
| |
(3) | In this section “planning obligation” means a planning obligation |
| |
| |
(4) | The Mayor of London must consult the local planning authority before |
| |
agreeing any planning obligation by virtue of this section. |
| 40 |
(5) | Any planning obligation entered into in relation to the application— |
| |
(a) | is enforceable by the Mayor of London, and |
| |
(b) | is also enforceable by the local planning authority.”. |
| |
|
| |
|
| |
|
33 | Amendments of section 106 of TCPA |
| |
(1) | Section 106 of TCPA 1990 (planning obligations) is amended as follows. |
| |
(2) | In subsection (1)(d) (payment of sums to authority) after “authority” insert |
| |
“(or, in a case where section 2D applies, to the Greater London Authority)”. |
| |
(3) | In subsection (9), at the end of paragraph (d) (instrument to identify local |
| 5 |
planning authority by whom obligation enforceable) insert “and, in a case |
| |
where section 2D applies, identifies the Mayor of London as an authority by |
| |
whom the obligation is also enforceable”. |
| |
(4) | In subsection (10) (copy to be given to authority) for “authority so identified” |
| |
substitute “local planning authority so identified and, in a case where section |
| 10 |
2D applies, to the Mayor of London”. |
| |
(5) | In subsection (12)(b) (charging on land of expenses recoverable by local |
| |
planning authority etc) after “a local planning authority” insert “or the Mayor |
| |
| |
34 | Planning obligations: further provision |
| 15 |
(1) | Section 106A of TCPA 1990 (modification and discharge of planning |
| |
obligations) is amended as follows. |
| |
(2) | In subsection (1)(a) for “the authority by whom the obligation is enforceable” |
| |
substitute “the appropriate authority (see subsection (11))”. |
| |
(3) | In subsection (3) for “the local planning authority by whom the obligation is |
| 20 |
enforceable” substitute “the appropriate authority”. |
| |
(4) | At the end of the section insert— |
| |
“(11) | In this section “the appropriate authority” means— |
| |
(a) | the Mayor of London, in the case of any planning obligation |
| |
| 25 |
(b) | in the case of any other planning obligation, the local planning |
| |
authority by whom it is enforceable. |
| |
(12) | The Mayor of London must consult the local planning authority before |
| |
exercising any function under this section.”. |
| |
(5) | Section 106B of TCPA 1990 (appeals) is amended as follows. |
| 30 |
(6) | In subsection (1), for “a local planning authority” substitute “an authority”. |
| |
(7) | At the end of the section insert— |
| |
“(8) | In the application of Schedule 6 to an appeal under this section in a case |
| |
where the authority mentioned in subsection (1) is the Mayor of |
| |
London, references in that Schedule to the local planning authority are |
| 35 |
references to the Mayor of London.”. |
| |
35 | Planning contribution under section 46 of PCPA 2004 |
| |
In section 46 of PCPA 2004 (planning contribution), after subsection (7) insert— |
| |
“(8) | The regulations may include provision for the making of a planning |
| |
contribution in circumstances where the Mayor of London is the local |
| 40 |
|
| |
|
| |
|
planning authority by virtue of a direction given under section 2A of |
| |
the principal Act (applications of potential strategic importance).”. |
| |
| |
| |
| 5 |
36 | Duties of waste collection authorities etc |
| |
(1) | Section 355 of the GLA Act 1999 (duty of waste collection or disposal |
| |
authorities in Greater London to have regard to the municipal waste |
| |
management strategy in exercising functions under Part 2 of the |
| |
Environmental Protection Act 1990) is amended as follows. |
| 10 |
(2) | At the beginning insert “(1)”. |
| |
(3) | For “have regard to” substitute “act in general conformity with”. |
| |
| |
“(2) | Subsection (1) above has effect only to the extent that compliance by an |
| |
authority with the requirements of that subsection does not impose |
| 15 |
excessive additional costs on the authority.”. |
| |
(5) | After subsection (2) insert— |
| |
“(3) | For the purposes of this section, the Secretary of State may issue |
| |
guidance for determining what is to be regarded as— |
| |
(a) | acting in general conformity with the municipal waste |
| 20 |
| |
(b) | imposing excessive additional costs on an authority. |
| |
(4) | In discharging the duties imposed upon it by subsection (1) above (as |
| |
read with subsection (2) above), an authority must act in accordance |
| |
with any guidance issued under subsection (3) above. |
| 25 |
(5) | Any guidance issued under subsection (3) above shall be published by |
| |
the Secretary of State in such manner as he considers appropriate. |
| |
(6) | Nothing in this section, or in any guidance issued under it, requires an |
| |
| |
(a) | to terminate a waste contract before the expiry of the term of the |
| 30 |
| |
(b) | to do anything which would result in a breach of any term of a |
| |
| |
(7) | Nothing in this section, or in any guidance issued under it, requires an |
| |
authority to exercise a function in relation to the awarding of a waste |
| 35 |
| |
(a) | the authority is required to comply with the public |
| |
procurement regulations in awarding the contract, and |
| |
(b) | in compliance with those regulations the authority has sent the |
| |
second information notice relating to the awarding of that |
| 40 |
contract to the Official Journal of the European Union.”. |
| |
|
| |
|