The Oxford Street Development Corporation (Functions) Order 2026

Published: Thu 16th Jul 26

This Order establishes the Oxford Street Development Corporation as the local planning authority for its designated development area, effective 10 August 2026.

It transfers planning functions from the London boroughs of Camden and the City of Westminster to the Corporation and grants it specific powers related to land compensation, listed buildings, hazardous substances, and tree preservation.

The Order also defines transitional arrangements for pending planning applications, enforcement actions, and appeals to ensure continuity of service during the transfer of authority.

Arguments For

The order implements a decision by the Mayor of London to assign specific town and country planning functions to the Oxford Street Development Corporation under the Localism Act 2011.
Proponents, via the explanatory note, indicate that the order provides necessary legal continuity by establishing transitional arrangements for planning applications, appeals, and enforcement actions already in progress.
The document states that the Corporation requires these powers to act as the local planning authority within the designated Mayoral development area formerly overseen by the London boroughs of Camden and Westminster.

Arguments Against

Legal scholars might note that the transfer of powers removes planning autonomy from elected local borough councils (Camden and Westminster) and centralizes it under a Mayoral corporation.
Affected parties may face procedural complexity during the handover period, as different authorities remain responsible for different stages of enforcement and compensation depending on when an action was initiated.
Critics might argue that the lack of a full regulatory impact assessment leaves potential long-term economic effects on local businesses and existing planning frameworks unexamined.

Part 1 General

Citation, commencement and extent

-(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.

This article establishes the official title of the legal instrument and sets its commencement date as 10 August 2026.

It also defines the territorial jurisdiction of the Order as England and Wales.

Interpretation

In this Order-

'the 1980 Act' means the Local Government, Planning and Land Act 1980;

'the 1990 Act' means the Town and Country Planning Act 1990;

'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;

'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;

'the Listed Buildings Act' means the Planning (Listed Buildings and Conservation Areas) Act 1990;

'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, 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 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.

This article provides definitions for key terms and legislative references used throughout the Order.

It specifically identifies 'the Corporation' as the Oxford Street Development Corporation and defines 'previous authority' as the London borough councils currently holding planning powers in the area.

Part 2 Planning functions

Planning functions of the Corporation

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.

This article designates the Oxford Street Development Corporation as the local planning authority for the specified development area.

This transfer of authority is subject to the transitional arrangements detailed later in the document.

Additional functions conferred on the Corporation

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;
(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.

The Corporation is granted further planning powers, including those found in the Local Government, Planning and Land Act 1980.

It also gains authority over applications involving the installation of overhead electricity lines under the Electricity Act 1989.

Modification of the 1990 Act and the Listed Buildings Act

The provisions specified in Part 2 of Schedule 29 to the 1980 Act 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.

Requirements from the 1980 Act are applied to the Corporation to allow it to function effectively within the development area.

It ensures that references to 'urban development corporations' in existing law apply correctly to this specific Mayoral development corporation.

Transitional provision in relation to planning functions

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.

This article points to the Schedule, which contains the detailed rules for managing the handover of duties.

These rules apply to planning activities that began under the borough councils before 10 August 2026.

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) 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.

This paragraph allows for the continuation of ongoing administrative or procedural tasks that were started by a borough council.

The Corporation has the option, but not the obligation, to proceed with these pending matters as if it had initiated them.

Transitional provision: planning applications and certificates

-(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, 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 or section 12 of the Listed Buildings Act 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.

Unresolved planning applications made before 10 August 2026 must be transferred from the relevant borough council to the Corporation for decision.

If the Secretary of State has intervened in an application, the borough council remains the authority for that specific case, but must consult the Corporation.

Applicants must be notified of the change in authority, and existing documents or notices remain valid after the transfer.

Transitional provision: enforcement action

-(1) This paragraph applies where a previous authority has before 10th August 2026 in relation to any land in the development area- [Lists various enforcement notices including stop notices, breach of condition notices, and tree replacement notices...]

(2) The previous authority continues to be the local planning authority for the purposes of the order, notice or letter- [Outlines specific expiration or compliance timelines for each type of notice...]

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

For enforcement actions (such as stop notices or breach of condition notices) started before 10 August 2026, the original borough council remains the responsible authority until the specific enforcement period or compliance deadline ends.

This ensures that legal actions initiated by a council are completed under its supervision before being fully handed over.

Transitional provision: planning appeals

-(1) This paragraph applies where an appeal is made- [To the Secretary of State, magistrates' court, or Upper Tribunal regarding pre-August 10th decisions...]

(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.

Borough councils retain their status as the local planning authority for any appeals regarding decisions they made before the transfer date.

They are required to keep the Corporation informed of such appeals and submit the Corporation's views to the presiding court or Secretary of State.

Transitional provision: compensation in connection with planning functions

-(1) Where a right to compensation arises... 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. [Includes appeal determinations and Secretary of State orders related to pre-August 10th permissions...]

The financial responsibility for paying planning-related compensation remains with the borough council that took the original action leading to the claim.

This applies even if the compensation is awarded following an appeal or a decision by the Secretary of State after the Corporation has taken over.

Transitional provision: section 106 agreements

Where before 10th August 2026 a planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act-

(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.

Existing Section 106 agreements (legal contracts between developers and the council to mitigate the impact of new developments) become enforceable by the Corporation.

The Corporation takes over this power regardless of whether the original agreement named Camden or Westminster council.

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