The following Planning practice note provides comprehensive and up to date legal information covering:
Local authorities are not immune from having to obtain planning permission to develop land. The grant of planning permission by any local authority to itself has always been an area of criticism, particularly as the grant of planning permission to develop land can have a significant effect on its value. Traditionally, development carried out by local authorities was primarily to further their functions, for example, education or transport. It is now more frequent for local authorities to be involved in commercial development. Where the local planning authority is both the landowner and/or intending to carry out development within its area, a separate regime comes into play.
Section 316 of the Town and Country Planning Act 1990 (TCPA 1990) makes provision in relation to land of ‘interested planning authorities’ and development by them.
TCPA 1990, s 316(6) defines an ‘interested planning authority’ in relation to land as:
‘…any body which exercises any of the functions of a local planning authority in relation to that land; and for the purposes of this section land is land of an authority if the authority have any interest in it.’
TCPA 1990, s 316 confirms that the usual procedures under TCPA 1990, Pts III, VII and VIII apply to land of, and development by, local planning authorities in the same way
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