Local Planning Authorities and Their Functions

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1 Chapter 2: Local Planning Authorities and Their Functions Outline 2.1 Introduction 2.2 Local planning authories 2.3 Joint planning committees and combined authorities 2.4 The Greater London Authority 2.5 National Park authorities 2.6 The Broads Authority 2.7 The Homes and Communities Agency and urban development corporations 2.8 Simplified planning zones 2.9 Enterprise zone authorities 2.10 Mayoral development areas 2.11 Summary Aims of this Chapter This chapter will enable you to achieve the following learning outcome from the CILEx syllabus: 1 Understand the legal framework relating to land use and development in England and Wales 2.1 Introduction There are two main tiers in the planning system the central government tier (under the Secretary of State), and the local government tier (in the form of the local planning authorities (LPAs)). The Secretary of State has a legislative function, such as the power to make regulations, and an administrative function, such as determining various planning appeals. He may also have to act in a quasi-judicial role, for instance, when determining certain questions arising during an appeal hearing. In addition to the above aspects of the role, he is also influential in planning policy terms. The day-to-day responsibility for the administration and control of the planning system falls to the LPAs. You can find out the identity of your LPA from a search tool ( Find Your LPA ) on the government s online Planning Portal at Local planning authorities Some examples of LPAs in England and Wales are: Area Brecon Windermere Norwich LPA Brecon Beacons National Park Lake District National Park Norwich City Council HQ11 CLS 23

2 Area Blackpool Henley-on-Thames Bath Derby Chelsea LPA Blackpool Borough Council South Oxfordshire District Council Bath and North East Somerset Council Derby City Council The Royal Borough of Kensington and Chelsea Note the mix of references to National Parks, city councils, boroughs and district councils. All local authorities play some role in the planning process; their particular role depends upon the subject-matter in question. The most important point to remember is the distinction between metropolitan/unitary authorities and non-metropolitan/non-unitary authorities. The Metropolitan and London Borough authorities were established by the Local Government Act Unitary authorities were first established under the Local Government Act The Metropolitan, London Borough and unitary authorities are the sole, unitary planning authorities for their areas. In areas where there is a split between county councils and district councils, the planning function is also split. The general rule is as follows. (1) Within Greater London, the London Borough Council (including the Common Council of the City of London) is both the LPA and the mineral and waste planning authority for its area. The Greater London Authority (GLA) is not a LPA, although the Mayor has certain powers in relation to planning, including the power to determine planning applications which are of strategic importance. (2) For metropolitan areas in England outside London (i.e. the former metropolitan counties of West Midlands, Greater Manchester, Merseyside, Tyne and Wear, South Yorkshire and West Yorkshire) the metropolitan borough council is both a LPA and the mineral and waste planning authority. (3) For non-metropolitan areas (the English shire counties) the function of local planning is as follows: (a) where there is a two-tier local government structure, this is shared by the district council (as the district planning authority) and the county council (as the county planning authority). It should, however, be noted that the majority of functions are allocated under Sch 1 Town and Country Planning Act 1990 (TCPA 1990) specifically to the districts. The function of mineral and waste planning is undertaken by the county; and (b) where a unitary council exists it is the LPA for its area for all purposes under s1 TCPA In Wales (where there exists only a single tier of unitary local government), the LPA is the county council or the county borough council for each area. 24 HQ11 CLS

3 The Local Government (Wales) Act 2015 paves the way for local authorities to merge, but any new local authorities would not be established until The broad division of matters between the LPAs is seen in the following table. Function Shire/county London Borough/ metropolitan district/unitary district Development control Advertisement control Tree preservation orders Acquisition of land for planning purposes Caravan site licensing Yes (county matters) Yes (all applications) Nonmetropolitan district Yes (not county matters) Yes Yes In special cases Yes Yes Yes Yes Yes Yes Yes Waste Yes Yes Minerals Yes Yes A local authority may make arrangements for the discharge of any of its functions under TCPA 1990 by another local authority, and two or more local authorities may arrange for the discharge of their functions by a joint committee of those authorities (ss101 and 102 Local Government Act 1972). No challenge may be made to the validity of certain types of permission, determinations or certificates purporting to be given by an LPA, on the ground that they should have been given by some other LPA (s286(1)). 2.3 Joint planning committees and combined authorities s29 Planning and Compulsory Purchase Act 2004 (PCPA 2004) introduced a power to establish joint committees (usually involving district councils and county councils) to perform the role conferred on LPAs. They are intended to avoid duplication of administrative costs and ensure that planning decisions in a geographical area covered by several councils are consistent. Through a range of individual pieces of secondary legislation combined authorities have been set up in West Yorkshire, Sheffield City Region, Liverpool City Region and Greater Manchester. These combined authorities are intended to work strategically on transport, economic development, and employment funding and infrastructure provision. They are not intended to be local planning authorities; however, the work they undertake will have an impact on the planning system. HQ11 CLS 25

4 Ongoing negotiations with the government are being undertaken by a wide range of proposed combined authorities. 2.4 The Greater London Authority The GLA has elected a Mayor and an Assembly. The London Plan is a statutory document which formulates the Mayor s strategy for spatial development in greater London (s334 Greater London Authority Act 1999 (GLAA 1999)). The London Plan is confined to matters of strategic importance to Greater London. Amendments to Part II TCPA 1990 require the development plans of the London Boroughs to be in general conformity with it. The Mayor s consent is required to the making of opposed orders to stop up or divert highways for planning purposes. The Greater London Authority Act 2007 (GLAA 2007) has given the Mayor much wider powers, building upon GLAA 1999 and other legislation. GLAA 2007 amends s1 TCPA The Mayor of London may now direct that he is to be the LPA, rather than the relevant Borough Council, for the purposes of determining any planning applications made relating to development in Greater London which is of potential strategic importance. This effectively means the Mayor can now determine applications of strategic importance rather than purely direct their refusal. The Mayor has to provide reasons for any directions he gives and must have regard to any guidance issued by the Secretary of State. If the Mayor grants outline planning permission, he can direct that the relevant Borough Council decides applications for approval of reserved matters relating to the original application. The Mayor can also exercise enforcement functions instead of, or along with, the Borough Council. The Town and Country Planning (Mayor of London) Order 2008 sets out what constitutes potential strategic importance. This includes things like largescale development (e.g. a development comprising more than 150 houses or flats) and major infrastructure (e.g. an aircraft runway or a railway station). If the Mayor of London has acted as the LPA in relation to an application, then it is the Mayor s function to agree any s106 planning obligations. This will not therefore be a function of the LPA, although the Mayor must consult the LPA before agreeing any planning obligation. Planning obligations entered into in relation to the application are enforceable by both the Mayor and the Borough Council. s15 PCPA 2004 is amended by GLAA 2007, so that the Mayor (as well as the Secretary of State) can direct the London Borough to make such amendments to the Local Development Scheme as he thinks appropriate. The Mayor must have regard to any guidance issued by the Secretary of State. The Secretary of State, giving reasons, can then direct the London Borough to disregard or modify the Mayor s direction. 26 HQ11 CLS

5 2016 Copyright CILEx Law School Limited All materials included in this CLS publication are copyright protected. All rights reserved. Any unauthorised reproduction or transmission of any part of this publication, whether electronically or otherwise, will constitute an infringement of copyright. No part of this publication may be lent, resold or hired out for any purpose without the prior written permission of CILEx Law School Ltd. WARNING: Any person carrying out an unauthorised act in relation to this copyright work may be liable to both criminal prosecution and a civil claim for damages. This publication is intended only for the purpose of private study. Its contents were believed to be correct at the time of publication or any date stated in any preface, whichever is the earlier. This publication does not constitute any form of legal advice to any person or organisation. CILEx Law School Ltd will not be liable for any loss or damage of any description caused by the reliance of any person on any part of the contents of this publication. Published in 2016 by: CILEx Law School Ltd College House Manor Drive Kempston Bedford United Kingdom MK42 7AB British Library Cataloguing in Publication Data A catalogue record for this manual is available from the British Library. ISBN