LEG-UP – April 2017
The following is a summary of highlights from April that have come to the attention of the Planning Legislation Update Service.
IMPLEMENTATION OF PLANNING CHANGES: TECHNICAL CONSULTATION, RESPONSES, DCLG, 3rd April 2017.
Details of outcome:-
- Summary of responses and government response to the permission in principle and brownfield registers chapters of the technical consultation on planning changes (published 3rd April 2017)
- Summary of responses to the technical consultation on implementation of planning changes, consultation on upward extensions and Rural Planning Review call for evidence (published 7th February 2017)
Note chapter 7: extending the existing designation approach to include applications for non major development – response published separately
- Summary of responses and the government response to the neighbourhood planning chapter of the technical consultation on planning changes (published 2nd September 2016)
HOUSING DELIVERY TEST ACTION PLANS, DCLG, 19th April 2017.
The Housing White Paper, proposes that the new housing delivery test would, start in November. Where net additional dwellings measured over a rolling three-year period fall below 95 per cent of housing requirements, a local authority would be required to publish an action plan, “setting out its understanding of the key reasons for the situation and the actions that it and other parties need to take to get home-building back on track”.
Gavin Barwell, speaking at a Select Committee, said the action plans would require town halls to “provide a diagnosis of what the problem is” so that the government can “work with local authorities” to resolve those issues – giving town halls the opportunity to request help from government to remove blockages holding up development.
S.I. 2017/571 THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017
These consolidate with amendments the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and subsequent amending instruments.
Come into force on 16th May 2017.
S.I. 2017/572 THE INFRASTRUCTURE PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 2017
These consolidate with amendments the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and subsequent amending instruments.
They implement the requirements of the Directive for EIA procedures in the context of the nationally significant infrastructure regime which extends primarily to England and Wales.
Come into force on 16th May 2017.
BROWNFIELD REGISTERS AND PERMISSION IN PRINCIPLE, DCLG, 21st April 2017.
Information for local authorities in their implementation of new brownfield registers of land suitable for housing, and permission in principle. (see above)
SEVEN FURTHER SETS OF EIA AMENDMENT REGULATIONS HAVE BEEN ISSUED, ALL COME INTO FORCE ON 16th MAY 2017., AS FOLLOWS :-
- S.I. 2017/580 THE ELECTRICITY WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) REGULATIONS 2017
- S.I. 2017/593 THE ENVIRONMENTAL IMPACT ASSESSMENT (AGRICULTURE) (ENGLAND) (NO. 2) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/592 THE ENVIRONMENTAL IMPACT ASSESSMENT (FORESTRY) (ENGLAND AND WALES) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/588 THE MARINE WORKS (ENVIRONMENTAL IMPACT ASSESSMENT) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/582 THE OFFSHORE PETROLEUM PRODUCTION AND PIPE-LINES (ENVIRONMENTAL IMPACT ASSESSMENT AND OTHER MISCELLANEOUS PROVISIONS) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/583 THE WATER RESOURCES (ENVIRONMENTAL IMPACT ASSESSMENT) (ENGLAND AND WALES) (AMENDMENT) REGULATIONS 2017
- S.I. 2017/585 THE ENVIRONMENTAL IMPACT ASSESSMENT (LAND DRAINAGE IMPROVEMENT WORKS) (AMENDMENT) REGULATIONS 2017
NEIGHBOURHOOD PLANNING ACT 2017.
Received Royal Assent on 27th April 2017.
This concerns planning, compulsory purchase and connected purposes. It covers: –
- Neighbourhood planning
- Local development documents
- Planning conditions – Restrictions on power to impose planning conditions
- Permitted development rights relating to drinking establishments
- Development of new towns by local authorities
- Register of planning applications etc.
Under compulsory purchase etc. amongst other things, it covers: –
- Power and procedure to take temporary possession of land,
- No-scheme principle and Repeal of Part 4 of the Land Compensation Act 1961.
There are three schedules: –
- Schedule 1 — New Schedule A2 to the Planning and Compulsory Purchase Act 2004
- Schedule 2 — County councils’ default powers in relation to development plan documents
- Schedule 3 — Planning conditions: consequential amendments