The Old Oak and Park Royal Development Corporation (Planning Functions) Order 2015

Transitional provision: local development documents

7.—(1) Any local development document or joint local development document (“the document”) adopted by a borough planning authority under section 23 of the 2004 Act(1) before the commencement date has effect on and after that date as if it had been adopted—

(a)in relation to such of the development area as corresponds to the area, or part of the area, to which the document relates, by the Corporation; and

(b)in relation to such of its area outside the development area as corresponds to the area, or part of the area, to which the document relates, by the borough planning authority.

(2) Nothing in sub-paragraph (1) affects any power of the Corporation or the borough planning authority to request that a local development document to which sub-paragraph (1) relates is revoked.

(3) Where before the commencement date a borough planning authority has taken or started any step in relation to the preparation of a local development document or joint local development document (“the draft document”) under sections 19, 20, 26 or 28 of the 2004 Act(2) or under any order or regulation made or having effect under that Act, sub-paragraph (4) shall apply.

(4) Any step mentioned in sub-paragraph (3) must be treated on and after the commencement date as a step taken or started—

(a)in relation to such of the development area as corresponds to the area, or part of the area, to which the draft document relates, by the Corporation; and

(b)in relation to such of its area outside of the development area as corresponds to the area, or part of the area, to which the draft document relates, by the borough planning authority.

(5) Where sub-paragraph (4)(a) applies to a draft document the borough planning authority must send a copy of any representations received concerning the draft document to the Corporation.

(6) Where any planning document which has been, or is in the process of being, issued by the borough planning authority in relation to a draft document referred to in sub-paragraph (3) before the commencement date, no further planning document is required to be issued by the Corporation solely as a result of the transfer of functions to the Corporation by this Order.

(7) Where a draft document referred to in sub-paragraph (3) which is a development plan document (within the meaning of section 37(3) of the 2004 Act(3)) has been submitted for examination under section 20 of the 2004 Act before the commencement date and the person appointed to carry out that examination has not at that date made their recommendations—

(a)nothing in this Order prevents that person from deciding that the document complies with the matters set out in section 20(5) of that Act; and

(b)that person must send their recommendations when made to both the Corporation and the borough planning authority.