Appendix 5 S.I. 2004/932: memorandum from
the Office of the Deputy Prime Minister
Milton Keynes (Urban Area and Planning Functions)
Order 2004 (S.I. 2004/932)
1. The Committee has asked for a memorandum on the
following point -
"In article 4(4), is it not the date on which
the previous planning permission was granted that is significant,
rather than the date on which the application for it was made?
If so, explain the purpose of the words "pursuant to an application
for planning permission which was received". If not, explain
how article 4(4) is intended to operate, given article 6(1) to
(3).".
2. Article 4(1) lists the types of development for
which the Urban Regeneration Agency ("the Agency") will
be the local planning authority with effect from the date on which
the Order comes into force. Article 4(4) excludes from that list
development in respect of which an application has been made to
develop land without compliance with conditions or for renewal
of a permission where the previous permission was granted by the
former local planning authority.
3. The effect of article 4(4) in excluding such applications
from the list in article 4(1) is that the provisions of article
6 will not apply to such applications and they will not therefore
transfer to the Agency.
4. Where an application (other than an application
to develop land without compliance with conditions or for renewal)
is received on or after 7th June 2004, it will be transferred
to the Agency for decision under article 6(4). Any such applications
received before that date, but on which no decision has been taken,
will also be transferred to the Agency under article 6(1) to (3).
Therefore, the Office considers that, while article 4(4) can relate
only to permissions granted before 7th June 2004, the application
for such a permission would have had to have been received before
that date. Accordingly, the words queried by the Committee are
helpful to the reader, who would not otherwise discover until
a later provision in the Order is reached how applications made
but not decided by that date are to be handled. The Office accepts,
however, that the words queried could have been omitted.
5. In the circumstances, the Office does not consider
that any practical problems will arise from the provision as it
stands but will bear the point in mind for the future.
30th April 2004
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