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Section 88A: Local authorities for the purposes of section 88(3)(d)

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

Part 6: Deciding applications for orders granting development consent — Chapter 4: Examination of applications under Chapter 2 or 3

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—

  • "the land" means the land to which the application relates or any part of that land;

  • "local authority" has the meaning given in section 102(8);

  • "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.