Localism Bill

Session 2010 - 11
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Localism Bill

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
151

(5)
Each of an MDC’s specific powers may be exercised separately or together
with, or as part of, another of its specific powers.
(6)
None of an MDC’s specific powers limits the scope of its other specific powers.
(7)
None of an MDC’s specific powers limits the scope of its powers under
subsection (2).
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(8)
But—
(a)
subsections (4) and (5) do not apply to an MDC in its capacity as a local
planning authority as a result of decisions under section 173 or in its
exercise of other functions as a result of decisions under that section,
and
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(b)
the powers conferred by subsection (2) must not be used to override a
restriction imposed on the exercise of a specific power.
Planning and infrastructure functions
173
Functions in relation to Town and Country Planning
(1)
Subsections (2) to (4) apply if the Mayor designates a Mayoral development
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area.
(2)
The Mayor may decide that the MDC for the area (“the MDC”) is to be the local
planning authority, for the whole or any portion of the area, for the purposes
of any one or more of the following—
(a)
Part 3 of the Town and Country Planning Act 1990,
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(b)
Part 2 of the Planning and Compulsory Purchase Act 2004,
(c)
Part 3 of that Act, and
(3)
The Mayor may decide that the MDC is to have, in the whole or any portion of
the area, the functions conferred on the local planning authority by the
provisions mentioned in Part 1 of Schedule 29 to the Local Government,
25
Planning and Land Act 1980.
(4)
The Mayor may decide that the MDC is to have, in the whole or any portion of
the area, the functions conferred on the relevant planning authority by
Schedule 8 to the Electricity Act 1989 so far as applying to applications for
consent under section 37 of that Act.
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(5)
If the Mayor makes a decision under subsection (3), the Mayor may decide that
the provisions specified in Part 2 of Schedule 29 to the Local Government,
Planning and Land Act 1980 are to have effect, in relation to land in the whole
or any portion of the area and to the MDC, subject to the modifications
specified in that Part of that Schedule.
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(6)
The Mayor may, at any time before the order establishing the MDC is made,
decide that a decision under any of subsections (2) to (5) (whether as originally
made or as varied under this subsection) should be subject to variations
specified in the decision under this subsection.
(7)
The Mayor may make a decision under any of subsections (2) to (6) only if—
40
(a)
the Mayor has (whether before or after the passing of this Act)
consulted the persons specified by section 168(4) in relation to the area,
(b)
the Mayor has had regard to any comments made in response by the
consultees, and

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
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(c)
in the event that those comments include comments made by the
London Assembly that the Mayor does not accept, the Mayor has
published a statement giving the reasons for the non-acceptance.
(8)
If the Mayor makes a decision under any of subsections (2) to (6), the Mayor
must—
5
(a)
publicise the decision, and
(b)
notify the Secretary of State of the decision.
(9)
A decision under subsection (2), or a decision under subsection (5) varying a
decision under subsection (2), may make different provision for different
portions of the area.
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(10)
For the purposes of subsection (6) “variation”, in relation to a decision, includes
a variation that involves—
(a)
revocation of all or part of the decision, or
(b)
substitution of something new for all or part of the decision, including
substitution of something wholly unlike what it replaces.
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174
Arrangements for discharge of, or assistance with, planning functions
(1)
Where an MDC, as a result of being the local planning authority for purposes
of Part 3 of the Town and Country Planning Act 1990 in relation to any area,
has functions in place of a London borough council or the Common Council of
the City of London, the MDC may make arrangements for the discharge of any
20
of those functions by that council.
(2)
Where arrangements are in force under subsection (1) for the discharge of any
functions of an MDC by a council—
(a)
that council may arrange for the discharge of those functions by a
committee, sub-committee or officer of the council, and
25
(b)
section 101(2) of the Local Government Act 1972 (delegation by
committees and sub-committees) applies in relation to those functions
as it applies in relation to the functions of that council.
(3)
Arrangements under subsection (1) for the discharge of any functions do not
prevent the MDC from exercising those functions.
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(4)
Subsection (5) applies where an MDC, as a result of being the local planning
authority for purposes of Part 2 or 3 of the Planning and Compulsory Purchase
Act 2004 in relation to any area, has functions in place of a London borough
council or the Common Council of the City of London.
(5)
The MDC may seek from that council, and that council may give, assistance in
35
connection with the MDC’s discharge of any of those functions.
175
Removal or restriction of planning functions
(1)
This section applies if an order establishing an MDC (“the MDC”) has been
made.
(2)
The Mayor may decide in relation to a function conferred on the MDC as a
40
result of a decision under section 173(2) or (3)—
(a)
that the MDC is to cease to have the function, whether in all respects or
in respects specified in the decision, or

Localism Bill
Part 7 — London
Chapter 2 — Mayoral development corporations
153

(b)
that the exercise of the function by the MDC is to be subject to
restrictions specified in the decision.
(3)
If the Mayor makes a decision under subsection (2) (“the new decision”), the
Mayor may decide that any provision made under section 169(2) in
consequence of a decision under section 173(4) should, in consequence of the
5
new decision, be amended or revoked as specified in the decision under this
subsection.
(4)
A reference in subsection (2) or (3) to a decision under a provision of section
173 is, where that decision has been varied (whether once or more than once)
under section 173(5), a reference to that decision as varied.
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(5)
If the Mayor makes a decision under subsection (2) or (3), the Mayor must—
(a)
publicise the decision, and
(b)
notify the Secretary of State of the decision.
(6)
The Secretary of State must give effect to a decision notified under subsection
(5) by exercising the power to amend the order under 169(2) that establishes the
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MDC (see section 14 of the Interpretation Act 1978).
176
Powers in relation to infrastructure
(1)
An MDC may provide infrastructure.
(2)
An MDC may facilitate the provision of infrastructure.
(3)
In this section “provide” includes provide by way of acquisition, construction,
20
conversion, improvement or repair (and “provision” is to be read in the same
way).
(4)
In this section “infrastructure” means—
(a)
water, electricity, gas, telecommunications, sewerage or other services,
(b)
roads or other transport facilities,
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(c)
retail or other business facilities,
(d)
health, educational, employment or training facilities,
(e)
social, religious or recreational facilities,
(f)
cremation or burial facilities, and
(g)
community facilities not falling within paragraphs (a) to (f).
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Land functions
177
Powers in relation to land
(1)
An MDC may regenerate or develop land.
(2)
An MDC may bring about the more effective use of land.
(3)
An MDC may provide buildings or other land.
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(4)
An MDC may carry out any of the following activities in relation to land—
(a)
acquiring, holding, improving, managing, reclaiming, repairing or
disposing of buildings, other land, plant, machinery, equipment or
other property,
(b)
carrying out building and other operations (including converting or
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demolishing buildings), and

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(c)
creating an attractive environment.
(5)
An MDC may facilitate—
(a)
the regeneration or development of land,
(b)
the more effective use of land,
(c)
the provision of buildings or other land, or
5
(d)
the carrying out of activities mentioned in subsection (4).
(6)
In this section—
(a)
a reference to a “building” is a reference to—
(i)
a building or other structure (including a house-boat or
caravan), or
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(ii)
any part of something within sub-paragraph (i);
(b)
“develop” includes redevelop (and “development” includes
redevelopment);
(c)
“improve”, in relation to buildings, includes refurbish, equip and fit
out;
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(d)
“provide” includes provide by way of acquisition, construction,
conversion, improvement or repair (and “provision” is to be read in the
same way).
178
Acquisition of land
(1)
An MDC may by agreement acquire land in its area or elsewhere.
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(2)
An MDC may acquire land in its area, or elsewhere in Greater London,
compulsorily if the Secretary of State authorises it to do so.
(3)
An MDC must obtain the consent of the Mayor of London before submitting a
compulsory purchase order authorising an acquisition under subsection (2) to
the Secretary of State for confirmation.
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(4)
The power under subsection (2) includes power to acquire new rights over
land.
(5)
Subsection (6) applies where—
(a)
land forming part of a common, open space or allotment is being
acquired under subsection (2), or
30
(b)
new rights are being acquired under subsection (2) over land forming
part of a common, open space or allotment.
(6)
The power under subsection (2) includes power to acquire land compulsorily
for giving in exchange for that land or those new rights.
(7)
Part 1 of Schedule 2 to the Housing and Regeneration Act 2008 (compulsory
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acquisition of land by the Homes and Communities Agency) applies in relation
to the acquisition of land under subsection (2) as it applies in relation to the
acquisition of land under section 9 of that Act.
(8)
In that Part of that Schedule as applied by subsection (7)—
(a)
references to section 9 of that Act are to be read as references to
40
subsection (2),
(b)
references to the Homes and Communities Agency are to be read as
references to the MDC concerned, and

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(c)
references to Part 1 of that Act are to be read as references to this
Chapter.
(9)
The provisions of Part 1 of the Compulsory Purchase Act 1965 (other than
section 31) apply, so far as applicable, to the acquisition by an MDC of land by
agreement.
5
(10)
In subsection (5)—
“allotment” means any allotment set out as a fuel allotment, or a field
garden allotment, under an Inclosure Act;
“common” has the meaning given by section 19(4) of the Acquisition of
Land Act 1981;
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“open space” means any land which is—
(a)
laid out as a public garden,
(b)
used for the purposes of public recreation, or
(c)
a disused burial ground.
179
Powers in relation to acquired land
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(1)
Schedule 3 to the Housing and Regeneration Act 2008 (powers, in relation to
land of the Homes and Communities Agency, to override easements etc, to
extinguish public rights of way, and in relation to burial grounds and
consecrated land) applies in relation to an MDC and its land as it applies in
relation to the Homes and Communities Agency and its land.
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(2)
In that Schedule as applied by subsection (1), references to the Homes and
Communities Agency are to be read as references to the MDC concerned.
(3)
The power of the Secretary of State under Part 2 of that Schedule
(extinguishment of public rights of way) as applied by subsection (1) is
exercisable only with the consent of the Mayor.
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(4)
Schedule 4 to that Act (powers in relation to, and for, statutory undertakers)
applies in relation to an MDC and its land as it applies in relation to the Homes
and Communities Agency and its land.
(5)
In that Schedule as applied by subsection (4)—
(a)
references to the Homes and Communities Agency are to be read as
30
references to the MDC concerned, and
(b)
references to Part 1 of that Act are to be read as references to this
Chapter.
180
Restrictions on disposal of land
(1)
An MDC may not dispose of land for less than the best consideration which can
35
reasonably be obtained unless the Mayor consents.
(2)
Subsection (1) does not apply to a disposal by way of a short tenancy if the
disposal consists of—
(a)
the grant of a term of not more than 7 years, or
(b)
the assignment of a term which, at the date of assignment, has not more
40
than 7 years to run.
(3)
An MDC may not dispose of land which has been compulsorily acquired by it
under this Chapter unless the Mayor consents.

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Part 7 — London
Chapter 2 — Mayoral development corporations
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(4)
Subject to subsections (1) to (3), an MDC may dispose of land held by it in any
way it considers appropriate.
181
Power to enter and survey land
(1)
Sections 17 and 18 of the Housing and Regeneration Act 2008 (power to enter
and survey land) apply in relation to an MDC as they apply in relation to the
5
Homes and Communities Agency.
(2)
In those sections as applied by subsection (1), references to that Agency are to
be read as references to the MDC concerned.
Other functions
182
Adoption of private streets
10
(1)
Where any street works have been executed on any land in a Mayoral
development area which was then or has since become a private street (or part
of a private street), the MDC for the area may serve a notice (an “adoption
notice”) on the street works authority requiring the authority to declare the
private street (or part) to be a highway which for the purposes of the Highways
15
Act 1980 is a highway maintainable at the public expense.
(2)
Subsections (2) to (5) of section 157 of the Local Government, Planning and
Land Act 1980 (appeal against corresponding notice served by an urban
development corporation, and deemed adoption where no appeal or
compliance) apply in relation to an adoption notice under subsection (1) of this
20
section as they apply in relation to an adoption notice under subsection (1) of
that section.
(3)
Section 157(6) of that Act (interpretation) applies for the purposes of this
section.
183
Businesses, subsidiaries and other companies
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(1)
An MDC may carry on any business.
(2)
An MDC may with the consent of the Mayor—
(a)
form, or
(b)
acquire interests in,

bodies corporate.
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(3)
An MDC must ensure that no subsidiary of the MDC engages in an activity
which the MDC would not be required or permitted to carry on.
(4)
An MDC must ensure that no subsidiary of the MDC—
(a)
borrows from a person other than the MDC, or
(b)
raises money by the issue of shares or stock to a person other than the
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MDC,

without the consent of the Mayor.
(5)
In subsection (1) “business” includes undertaking.
(6)
In this section “subsidiary” has the meaning given by section 1159 of the
Companies Act 2006.
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