Part 1 General

Citation, commencement and extent

1.—(1) This Order may be cited as the Oxford Street Development Corporation (Functions) Order 2026.

(2) This Order comes into force on 10th August 2026.

(3) This Order extends to England and Wales.

Interpretation

2. In this Order—

“ the 1980 Act ” means the Local Government, Planning and Land Act 1980 ( 3 );

“ the 1990 Act ” means the Town and Country Planning Act 1990 ( 4 );

“ the Corporation ” means the body corporate known as the Oxford Street Development Corporation established by article 3 of the Oxford Street Development Corporation (Establishment) Order 2025 ( 5 );

“ the development area ” means the area of land described as a Mayoral development area in article 2 of the Oxford Street Development Corporation (Establishment) Order 2025 ;

“ the Hazardous Substances Act ” means the Planning (Hazardous Substances) Act 1990 ( 6 );

“ the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ( 7 );

“ planning document ” means any notice, certificate, publicity, consultation or other document relating to the exercise of functions under the 1990 Act, the Land Compensation Act 1961 ( 8 ), the Listed Buildings Act or any order or regulation having effect under those Acts;

“ previous authority ” means a London borough council which, by virtue of section 7A(2) of the 1990 Act( 9 ) and article 3, ceases to be the local planning authority for a part of the development area;

“ the Tree Preservation Regulations ” means the Town and Country Planning (Tree Preservation) (England) Regulations 2012 ( 10 ).

Part 2 Planning functions

Planning functions of the Corporation

3. Subject to article 6, the Corporation is the local planning authority for the development area for the purposes of Part 3 of the 1990 Act.

Additional functions conferred on the Corporation

4. In relation to the development area the Corporation—

(a)has the functions conferred on the local planning authority by the provisions specified in Part 1 of Schedule 29 to the 1980 Act(11);

(b)has the functions conferred on the relevant planning authority by Schedule 8 to the Electricity Act 1989 so far as applying to applications for consent under section 37 of that Act(12).

Modification of the 1990 Act and the Listed Buildings Act

5. The provisions specified in Part 2 of Schedule 29 to the 1980 Act(13) have effect in relation to the Corporation and to the development area with the modifications specified in that Part, and with the further modification that any reference in that Part of that Schedule to an urban development corporation is to be read as a reference to a Mayoral development corporation(14).

Transitional provision in relation to planning functions

6. The Schedule makes transitional provision in relation to functions transferred to the Corporation by virtue of this Part which were exercised by a previous authority prior to 10th August 2026.

Article 6

Schedule Transitional provision in relation to planning functions exercised by previous authorities prior to 10th August 2026

Transitional provision in connection with planning functions

1.—(1) Subject to paragraphs 2 to 6, this paragraph applies in respect of any functions which are transferred to the Corporation by virtue of Part 2 of this Order and in respect of which a previous authority ceases to be the local planning authority responsible for exercising those functions.

(2) Anything which was in the process of being done by, to or in relation to the previous authority in connection with any of the functions mentioned in sub-paragraph (1) before 10th August 2026 may be continued on and after that date by, to or in relation to the Corporation and, if continued, must be treated as having been done by, to or in relation to the Corporation.

(3) Nothing in sub-paragraph (2) requires the Corporation to continue with any step mentioned in that sub-paragraph.

Transitional provision: planning applications and certificates

2.—(1) This paragraph applies as respects any application for planning permission or permission in principle, or for a certificate, consent, approval or determination under the 1990 Act, the Land Compensation Act 1961, the Listed Buildings Act or the Hazardous Substances Act(15), or under any order or regulation made or having effect under those Acts which—

(a)relates in whole or in part to any land in the development area,

(b)was made before 10th August 2026 to a previous authority, and

(c)has not been determined before 10th August 2026.

(2) Subject to sub-paragraph (3), the previous authority must transmit any application to which this paragraph applies to the Corporation for determination.

(3) Where an application to which this paragraph applies is the subject of a direction made (whether before or after 10th August 2026) by the Secretary of State under section 77 of the 1990 Act(16) or section 12 of the Listed Buildings Act(17) requiring that the application be referred to the Secretary of State, the previous authority continues to be the local planning authority in respect of the application—

(a)for the purposes of section 77 of the 1990 Act or section 12 of the Listed Buildings Act (as the case may be), and

(b)for the purposes of any Planning Inquiry Commission constituted by the Secretary of State under section 101 of the 1990 Act to inquire into the application.

(4) Where sub-paragraph (3) applies, the previous authority must notify the Corporation of the direction and transmit to the Secretary of State any representations received from the Corporation.

(5) Where the previous authority transmits an application to which this paragraph applies to the Corporation for determination—

(a)the previous authority must notify the applicant that the Corporation is to be the local planning authority for the application,

(b)the application must be accompanied by a copy of any representations received concerning the application, and

(c)the application must be treated as received by the Corporation from the applicant on the day on which it is transmitted to the Corporation.

(6) Where any planning document has been, or is in the process of being, issued by the previous authority in relation to an application to which this paragraph applies before the day on which it is transmitted to the Corporation, no further planning document is required to be issued by the Corporation solely as a result of the transfer of functions to the Corporation by this Order.

Transitional provision: enforcement action

3.—(1) This paragraph applies where a previous authority has before 10th August 2026 in relation to any land in the development area—

(a)applied for a planning enforcement order under section 171BA of the 1990 Act(18), where the order is made before 10th August 2026,

(b)issued a temporary stop notice under section 171E of the 1990 Act(19),

(c)issued an enforcement notice under section 172 of the 1990 Act(20),

(d)issued an enforcement warning notice under section 172ZA of the 1990 Act(21),

(e)issued an assurance withdrawal letter under section 172A(2) of the 1990 Act(22),

(f)served a stop notice under section 183 of the 1990 Act(23),

(g)served a breach of condition notice under section 187A of the 1990 Act(24),

(h)served a notice requiring the replacement of trees under section 207 of the 1990 Act(25),

(i)served a notice requiring steps for remedying the condition of land under section 215 of the 1990 Act,

(j)served a notice of removal or obliteration under section 225(3) of the 1990 Act(26),

(k)served or fixed a removal notice under section 225A of the 1990 Act(27),

(l)served or fixed an action notice under section 225C of the 1990 Act(28),

(m)served or fixed a defacement remedy notice under section 225F of the 1990 Act(29),

(n)served a notice of intention under section 225G(1)(a), 225H(1)(a) or 225K(2)(a) of the 1990 Act(30),

(o)issued a listed building enforcement notice under section 38 of the Listed Buildings Act(31),

(p)issued a listed building temporary stop notice under section 44AA of the Listed Buildings Act(32), or

(q)served a discontinuance notice under regulation 8 of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007(33).

(2) The previous authority continues to be the local planning authority for the purposes of the order, notice or letter—

(a)in the case of a planning enforcement order, until the end of the enforcement year (construed in accordance with section 171BA(3) or (4) of the 1990 Act);

(b)in the case of a temporary stop notice, until the notice ceases to have effect (construed in accordance with section 171E(7) and (8) of the 1990 Act);

(c)in the case of an enforcement notice, until the end of the period for compliance with the notice (construed in accordance with section 173(9) of the 1990 Act);

(d)in the case of an enforcement warning notice, until the end of the period specified in the notice in accordance with section 172ZA(2) of the 1990 Act;

(e)in the case of an assurance withdrawal letter, until the time specified in the letter in accordance with section 172A(2) and (3) of the 1990 Act;

(f)in the case of a stop notice, until the notice ceases to have effect (construed in accordance with section 184(4) or 184(5) of the 1990 Act(34));

(g)in the case of a breach of condition notice, until the end of the period for compliance with the notice (construed in accordance with section 187A(7) of the 1990 Act);

(h)in the case of notice requiring the replacement of trees, until the end of the period for compliance (construed in accordance with section 207(3) and (4) of the 1990 Act);

(i)in the case of a notice requiring steps for remedying the condition of land, until the end of the period for compliance with the notice (construed in accordance with section 216(7) of the 1990 Act);

(j)in the case of a notice of removal or obliteration, until the end of the period for compliance (construed in accordance with section 225(3) and (5) of the 1990 Act);

(k)in the case of a removal notice, until the end of the period for compliance with the notice (construed in accordance with section 225A(11) and (12) of the 1990 Act);

(l)in the case of an action notice under section 225C, until the end of the period for compliance with the notice (construed in accordance with sections 225C(4), (5) and (7) and 225E of the 1990 Act);

(m)in the case of a defacement remedy notice, until the end of the period for compliance with the notice (construed in accordance with section 225F(2), (3) and (4) of the 1990 Act);

(n)in the case of a notice of intention, until the expiry of the period of that notice (construed in accordance with section 225G(1)(b), 225H(1)(c) or 225K(2)(c), as the case may be, of the 1990 Act);

(o)in the case of a listed building enforcement notice, until the end of the period for compliance with the notice (construed in accordance with section 38(3) of the Listed Buildings Act);

(p)in the case of a listed building temporary stop notice, until the notice ceases to have effect (construed in accordance with section 44AA(7) or 44AA(8) of the Listed Buildings Act);

(q)in the case of a discontinuance notice, until the end of the period within which the display or the use of the site, as the case may be, is to be discontinued (construed in accordance with regulation 8(3)(c) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007).

(3) The previous authority must transmit a copy of the order, notice or letter to the Corporation.

Transitional provision: planning appeals

4.—(1) This paragraph applies where an appeal is made—

(a)to the Secretary of State under—

(i)section 78, 174, 195 or 208(1) of the 1990 Act(35),

(ii)section 20 of the Listed Buildings Act(36),

(iii)section 21 of the Hazardous Substances Act(37), or

(iv)regulation 19(1) of the Tree Preservation Regulations,

in respect of a decision made or notice given, or a failure to make a decision or give notice, by a previous authority before 10th August 2026 in relation to any land in the development area;

(b)to the magistrates’ court under section 225B, 225D or 225I of the 1990 Act(38), in respect of a notice given or a failure to give notice by a previous authority before 10th August 2026 in relation to any land in the development area;

(c)to the Upper Tribunal under section 18 of the Land Compensation Act 1961(39), in respect of a certificate issued, or rejection of an application for a certificate, by a previous authority before 10th August 2026 in relation to any land in the development area.

(2) The previous authority—

(a)continues to be the local planning authority for the purposes of the appeal,

(b)must notify the Corporation of the appeal, and

(c)must transmit to the Secretary of State, the magistrates’ court or the Upper Tribunal, as the case may be, any representation from the Corporation.

Transitional provision: compensation in connection with planning functions

5.—(1) Where a right to compensation arises under section 107, 108, 115, 171H, 186, 225, 225A or 225C of the 1990 Act(40), section 28 or 44AC of the Listed Buildings Act(41) or regulation 24 of the Tree Preservation Regulations in consequence of action taken in relation to any land in the development area by a previous authority, the liability to pay compensation lies with that authority.

(2) Where—

(a)the Secretary of State makes a determination—

(i)of an appeal against action taken by such an authority as is mentioned in sub-paragraph (1), or

(ii)on a reference made to the Secretary of State by such an authority, and

(b)that determination gives rise to a right of compensation,

that authority is liable to pay the compensation.

(3) Where the Secretary of State makes an order under section 100 of the 1990 Act(42) in respect of any permission to develop any land in the development area granted before 10th August 2026, the previous authority in relation to that land when the permission was granted is liable to pay any compensation arising from the order.

(4) Where before 10th August 2026 the Secretary of State—

(a)makes an order under section 104 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act(43) in respect of any land in the development area, or

(b)serves a notice under section 185 of that Act in respect of any land in the development area,

the previous authority in relation to that land when the order was made or notice was served (as the case may be) is liable to pay any compensation arising from the order or notice.

Transitional provision: section 106 agreements

6. Where before 10th August 2026 a planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act(44)—

(a)relates to any land in the development area, and

(b)identifies a previous authority as the local planning authority by whom that obligation is enforceable,

that obligation is enforceable by the Corporation.