5 Milton
Keynes (Urban Area and Planning Functions) Order 2004: defective
drafting
Milton Keynes (Urban Area and Planning Functions)
Order 2004 (S.I. 2004/932)
5.1 The Committee draws the special attention
of both Houses to this Order on the ground that it is defectively
drafted.
5.2 This Order makes the Urban Regeneration Agency
the local planning authority for specified areas in respect of
certain kinds of development. Article 4(1) lists the types of
development for which the Agency will be the local planning authority
on and after 7 June 2004, and article 4(4) excludes from that
list development in respect of which an application has been made
to develop land without compliance with conditions attached to
a permission or for renewal of a permission where the previous
permission was granted by the former local planning authority.
5.3 However, instead of referring to the case where
the previous planning permission was granted before 6 June 2004,
article 4(4) refers to the case where the previous planning permission
was granted pursuant to an application for planning permission
which was received on or before 6 June 2004.
5.4 In a memorandum printed at Appendix 5, the Office
of the Deputy Prime Minister accepts that the italicised words
could have been omitted, but states that they are helpful to the
reader since the application for a permission which was granted
before 7 June would have had to be made before that date. The
Committee does not accept this explanation. It considers the inclusion
of these words to be most unhelpful to the reader since they make
article 4(4) ambiguous. As that provision is intended to apply
only where the previous planning permission was granted before
7 June, the italicised words are unnecessary and cast doubt on
the intended effect of article 4(4) and its relationship to article
6.
5.5 The Committee accordingly reports article 4(4)
for defective drafting.
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