The Plymouth Development Corporation (Planning Functions) Order 1993

Explanatory Note

(This note is not part of the Order)

The Plymouth Development Corporation is established by the Plymouth Development Corporation (Area and Constitution) Order 1993 for the purpose of regenerating the Plymouth urban development area.

This Order makes the corporation the local planning authority for that area for all the purposes of Part III (general planning control) of the Town and Country Planning Act 1990 (article 3(a)), and for those purposes of that Act and the Planning (Listed Buildings and Conservation Areas) Act 1990 which are specified in Part I of Schedule 29 to the Local Government, Planning and Land Act 1980 which deal with additional control in special cases, enforcement of control, listed buildings and conservation areas (article 3(b)).

The Order applies other provisions of the 1990 Acts specified in Part II of Schedule 29 to the 1980 Act to the corporation and to the area, subject to the modifications set out in that Part (article 4).

Provision is made for the former local planning authority to determine applications received by it prior to the date on which this Order comes into force or with the applicant’s agreement to transmit them to the corporation for determination; the former authority cannot, however, determine any such application for development which is subject to a direction under article 14 of the Town and Country Planning General Development Order 1988 (article 5).

A second transitional provision (article 6) leaves responsibility for the payment of compensation under sections 107, 108, 115, 186, 203 and 204 of the Town and Country Planning Act 1990 or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 with the local planning authority who took the action giving rise to a right to compensation.