Legislation – Planning and Infrastructure Act 2025
Part 4Development corporations
101Relationship between different types of development corporation
(1)
(2)
“(3ZA)
An order under this section may designate an area of land that includes any area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—
(a)
section 1ZB(2) (designation of locally-led new town in England),
(b)
section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area), or
(c)
section 197 of the Localism Act 2011 (designation of Mayoral development area).
(3ZB)
On the coming into force of an order that makes provision as mentioned in subsection (3ZA), the overlap area no longer forms part of the previously designated area.
(3ZC)
Where the Secretary of State makes an order that contains provision as mentioned in subsection (3ZA), the Secretary of State may also make regulations—
(a)
amending any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b)
providing for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the new town;
(c)
where the overlap area completely covers the previously designated area, providing for the dissolution of the development corporation for the previously designated area;
(d)
making consequential, incidental, supplementary, transitional or saving provision.
(3ZD)
The Secretary of State may, in connection with regulations under subsection (3ZC), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the new town (see also section 9B (transfer schemes: general provisions)).”
(3)
“(1A)
A proposal area must not include any area of land that is, or forms part of, an area that is designated under—
(a)
section 1 (designation of new town area by Secretary of State),
(b)
section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State), or
(c)
section 197 of the Localism Act 2011 (designation of Mayoral development area).
(See also section 1(3ZB) and (3ZC), section 197(2B) and (2C) of the Localism Act 2011 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)”
(4)
In section 1ZB (designation of locally-led new town in England, as inserted by section 172(2) of the Levelling-up and Regeneration Act 2023), in subsection (2)—
(a)
for “may” substitute “must”
;
(b)
omit from “if” to the end.
(5)
In section 77 (regulations and orders)—
(a)
in subsection (2A), after “section” insert “1(3ZC) or”
;
(b)
in subsection (3C), after “order” insert “or regulations”
.
(6)
(7)
In section 197 (designation of Mayoral development areas)—
(a)
in subsection (1), for “any” substitute “an”
;
(b)
“(2A)
An area of land designated under subsection (1)—
(a)
may include any area (the “overlap area”) that is, or forms part of, an area of land that has already been designated (the “previously designated area”) under—
(i)
section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(ii)
section 134(1B) of the Local Government, Planning and Land Act 1980 (designation of locally-led urban development area);
(b)
may not include any area that is, or forms part of, an area that is designated under—
(i)
section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(ii)
section 134(1) of the Local Government, Planning and Land Act 1980 (designation of urban development area by Secretary of State).
(See also section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 134(1E) and (1F) of the Local Government, Planning and Land Act 1980.)
(2B)
Where the Mayor designates an area as mentioned in subsection (2A)(a), the Secretary of State must make regulations providing that the overlap area no longer forms part of the previously designated area.
(2C)
The regulations may also—
(a)
amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b)
provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the Mayoral development area;
(c)
where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area.
(2D)
The Secretary of State may, in connection with regulations under this section, make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the Mayoral development area (see also section 218 (transfer schemes: general provisions)).”
(8)
In section 218 (transfer schemes: general provisions), in the definition of “transfer scheme” in subsection (1), after “section” insert “197(2D),”
.
(9)
In section 235 (orders and regulations)—
(a)
“(ja)
regulations under section 197;”;
(b)
in subsection (14), after “52” insert “or regulations under section 197”
.
(10)
(11)
In section 134 (urban development areas)—
(a)
in subsection (1B) (as inserted by section 171(2) of the Levelling-up and Regeneration Act 2023)—
(i)
in the words before paragraph (a), for “may” substitute “must”
;
(ii)
omit paragraph (b) (and the “and” immediately before it);
(b)
“(1D)
An order under subsection (1) may designate any area of land that includes an area (the “overlap area”) that is, or forms part of, an area that has already been designated (the “previously designated area”) under—
(a)
subsection (1B) (designation of locally-led urban development area),
(b)
section 1ZB(2) of the New Towns Act 1981 (designation of locally-led new town in England), or
(c)
section 197 of the Localism Act 2011 (designation of Mayoral development area).
(1E)
On the coming into force of an order that makes provision as mentioned in subsection (1D), the overlap area no longer forms part of the previously designated area.
(1F)
Where the Secretary of State makes an order that contains provision as mentioned in subsection (1D), the Secretary of State may also by regulations made by statutory instrument—
(a)
amend any order relating to the previously designated area to show the new boundaries of the area, which may reflect not only the removal of the overlap area but also any other changes that are necessary or appropriate in consequence of its removal;
(b)
provide for the transfer of functions relating to the overlap area to the development corporation established for the purposes of the urban development area;
(c)
where the overlap area completely covers the previously designated area, provide for the dissolution of the development corporation for the previously designated area;
(d)
make consequential, incidental, supplementary, transitional or saving provision.
(1G)
The Secretary of State may, in connection with regulations under subsection (1F), make one or more schemes for the transfer of property, rights and liabilities relating to the overlap area to the development corporation established for the purposes of the urban development area (see also section 140B (transfer schemes: general provisions)).”;
(c)
in subsection (4), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”
;
(d)
in subsection (4A), after “(1B)” insert “or regulations made by the Secretary of State under subsection (1F)”
.
(12)
“(1A)
A proposal area must not include any area of land that is, or forms part of, an area that is designated under—
(a)
section 134(1) (designation of urban development area by Secretary of State),
(b)
section 1 of the New Towns Act 1981 (designation of new town area by Secretary of State), or
(c)
section 197 of the Localism Act 2011 (designation of Mayoral development area).
(See also section 134(1E) and (1F), section 1(3ZB) and (3ZC) of the New Towns Act 1981 and section 197(2B) and (2C) of the Localism Act 2011.)”
(13)
In section 171 (interpretation), in the definition of “urban development area”, after “it” insert “by virtue of subsection (1E) of that section or”
.