Remedy
Start free

Section 43: Local authorities for purposes of section 42(1)(b)

Planning Act 2008 · 2008 c. 29View on legislation.gov.uk

Part 5: Applications for orders granting development consent — Chapter 2: Pre-application procedure

A local authority is within this section if the land is in the authority's area.

A local authority ("A") is within this section if—

the land is in the area of another local authority ("B"),
B is a unitary council or a lower-tier district council, and
any part of the boundary of A's area is also a part of the boundary of B's area.

If the land is in the area of an upper-tier county council ("C"), a local authority ("D") is within this section if—

D is not a lower-tier district council, and
any part of the boundary of D's area is also part of the boundary of C's area.

In this section—

  • "local authority" means—

    (a)a county council, or district council, in England;

    (b)a London borough council;

    (c)the Common Council of the City of London;

    (d)the Council of the Isles of Scilly;

    (e)a county council, or county borough council, in Wales;

    (f)a council constituted under section 2 of the Local Government etc (Scotland) Act 1994;

    (g)a National Park authority;

    (h)the Broads Authority;

  • "lower-tier district council" means a district council in England for an area for which there is a county council;

  • "unitary council" means a local authority that is not an upper-tier county council, a lower-tier district council, a National Park authority or the Broads Authority;

  • "upper-tier county council" means a county council in England for each part of whose area there is a district council.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.