Out-Law News 2 min. read
29 Aug 2012, 5:17 pm
The Order will allow the LLDC to take charge of the regeneration legacy of the Olympic Games. Under the Order, the LLDC will assume planning powers for a designated area, which includes parts of the London Boroughs of Hackney, Newham, Tower Hamlets and Waltham Forest.
The London Legacy Development Corporation (LLDC) (Planning Functions) Order has been laid before Parliament and will come into force on 1 October, subject to no objections being received from members of Parliament.
The LLDC is the first new Mayoral Development Corporation (MDC) body. It has taken over the work of the Olympic Park Legacy Company (OPLC) and is directly accountable to the Mayor of London rather than central Government. Using the powers that are proposed to be conferred on the LLDC, its core task is to regenerate the legacy Olympic Park and surrounding area.
"The principal objective of establishing the London Legacy Development Corporation was to bring together in a single body responsibility for coordinating regeneration, development and planning within the area for which it has been established," the Government said. "This is to ensure a clear and integrated approach to the ongoing development of the area in a way which is responsive and accountable to local concerns while reflecting the area’s strategic significance for London."
The Mayor of London Boris Johnson has proposed to give the LLDC all the planning powers that it is possible for it to have under the Localism Act, which includes the determination of applications for planning permission, plan-making, which includes the responsibility for neighbourhood planning, determination of applications affecting listed buildings and conservation areas, the making of Tree Preservation Orders and enforcement actions in its area.
Despite receiving a number of objections against proposals to confer planning powers on the LLDC, the Mayor of London concluded "on balance that the Mayoral Development Corporation could not meet its responsibilities without having both development control and plan-making powers, and that none of the responses had changed his mind on this point", the Explanatory Memorandum to the Order said (8-pages / 31KB PDF).
A number of 'transitional provisions' are laid out in Schedule one of the proposed Order, which includes the transfer of all planning applications and representations that have not been determined by the date the Order is "made". The LLDC will also assume the power to enforce section 106 planning obligations in its 'area'.
The current local panning authorities will continue to be the local planning authority for the purposes of appeals, according to the proposed Order. However, the LLDC must be notified of the appeal and transmit tot he Secretary of State any representation received from the LLDC.
The LLDC will also assume Neighbourhood Planning powers and any step taken in the development of a Neighbourhood Plan that was started before the commencement of the proposed Order will be transmitted to the LLDC.
A number of previously made Orders are also planned to be revoked by the LLDC (Planning Functions) Order, including the London Thames Gateway Development Corporation (Planning Functions) Order 2005, the Olympic Delivery Authority (Planning Functions) Order 2006, the London Thames Gateway Development Corporation (Planning Functions)
(Amendment) Order 2006, and the London Thames Gateway Development Corporation (Planning Functions) (Amendment) Order 2011.
The Order will come into force on 1 October, subject to no objections by a Member of Parliament to overturn the Order.