Local Government Act 2019

Planning applications and development contribution schemes

31. (1) For the purposes of the Act of 2000 or any instrument under that Act and subject to subsection (2), the county council shall, after the transfer day, be the planning authority in relation to any planning application made before the transfer day in respect of development or proposed development in the relevant area.

(2) (a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 shall, as respects—

(i) a decision under section 34 of that Act, or

(ii) a determination under section 37 of that Act,

made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.

(b) Where, before the transfer day, the county council performed any function under Part VIII of the Act of 2000 in relation to a contravention of that Act or any instrument under that Act in, or in respect of, the relevant area, all functions under that Part in relation to that contravention shall, from the transfer day, be performable by the county council after consultation with the city council.

(3) Any contribution—

(a) paid before the transfer day in accordance with section 49 of the Act of 2000 for the purpose of any public infrastructure service or project in the relevant area, and

(b) vested in the city council under Part 2,

shall be expended by the city council for that purpose.

(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act made by the city council shall, from the transfer day, apply to the relevant area as it applies to the rest of the functional area of the city council.

(5) In this section—

“development” has the meaning assigned to it by the Act of 2000;

“permission” has the meaning assigned to it by the Act of 2000;

“planning application” has the meaning assigned to it by the Act of 2000;

“planning authority” has the meaning assigned to it by the Act of 2000.