SCHEDULES

SCHEDULE 1E+W Local Planning Authorities: Distribution of Functions

Planning and special controlE+W

7(1)It shall be the duty of a local planning authority in a non-metropolitan county when exercising their functions under [F1section 70] to seek the achievement of the general objectives of the structure plan for the time being in force in their area.

(2)Subject to sub-paragraph (4), the district planning authority shall consult the county planning authority for their area before determining any application to which this sub-paragraph applies.

(3)Sub-paragraph (2) applies to any application for planning permission for the carrying out—

(a)of any development of land which would materially conflict with or prejudice the implementation—

[F2(i)of any policy contained in a structure plan which has been adopted or approved;

(ii)of any policy contained in proposals made available for inspection under section 33(2);]

(iv)of a fundamental provision of a development plan to which paragraph 2 of Part III of Schedule 2 applies, so far as the development plan is in force in the district planning authority’s area;

[F3(v)of any policy contained in a minerals local plan or a waste local plan which has been adopted or approved;

(vi)of any policy contained in proposals for the making, alteration or replacement of a minerals local plan or a waste local plan which have been made available for inspection under section 40(2);

(vii)of any proposal contained in a local plan which was prepared by the county planning authority and continued in operation by virtue of paragraph 44 of Schedule 4 to the M1Planning and Compensation Act 1991;

(viii)of any proposal contained in proposals in respect of a local plan which have been prepared by the county planning authority and are adopted or approved by virtue of paragraph 43 of that Schedule or made available for inspection in pursuance of that paragraph;]

(b)of any development of land which would, by reason of its scale or nature or the location of the land, be of major importance for the implementation of a structure plan;

(c)of any development of land in an area which the county planning authority have notified to the district planning authority, in writing, as an area in which development is likely to affect or be affected by the winning and working of minerals, other than coal;

(d)of any development of land which the county planning authority have notified the district planning authority, in writing, that they themselves propose to develop;

(e)of any development of land which would prejudice the carrying out of development proposed by the county planning authority and notified to the district planning authority under paragraph (d);

(f)of any development of land in England in respect of which the county planning authority have notified the district planning authority, in writing, that it is proposed that it shall be used for waste disposal;

(g)of any development of land which would prejudice a proposed use of land for waste disposal notified to the district planning authority under paragraph (f).

(4)The district planning authority may determine any application to which sub-paragraph (2) applies without the consultation required by that sub-paragraph if the county planning authority have given them directions authorising them to do so.

(5)A direction under sub-paragraph (4) may relate to a class of applications or to a particular application.

(6)Subject to sub-paragraph (7), where the district planning authority are required to consult the county planning authority before determining an application for planning permission—

(a)they shall give the county planning authority notice that they propose to consider the application and send them a copy of it; and

(b)they shall not determine it until the expiration of such period from the date of the notice as a development order may provide.

(7)A district planning authority may determine an application for planning permission before the expiration of such a period as is mentioned in sub-paragraph (6)(b)—

(a)if they have received representations concerning the application from the county planning authority before the expiration of that period; or

(b)if the county planning authority have notified them that they do not wish to make representations.

(8)Where a district planning authority are required to consult the county planning authority before determining an application for planning permission, they shall in determining it take into account any representations relating to it which they have received from the county planning authority before the expiration of the period mentioned in sub-paragraph (6)(b).