LEG-UP – March 2017
The following is a summary of highlights from March that have come to the attention of the Planning Legislation Update Service.
S.I. 2017/95 (L. 1) THE CIVIL PROCEDURE (AMENDMENT) RULES 2017
These Rules amend the Civil Procedure Rules 1998 (CPR) (S.I. 1998/3132), by amongst other things, substituting a new Section VII of Part 45, and inserting a new rule 52.19A, to change the rules governing costs protection in certain environmental claims.
These particular rules came into force on 28th February 2017.
S.I. 2017/210 THE HIGH SPEED RAIL (LONDON – WEST MIDLANDS) (QUALIFYING AUTHORITIES) ORDER 2017.
This Order specifies the planning authorities (including Three Rivers and Herts CC) which are qualifying authorities for Schedule 17 to the High Speed Rail (London – West Midlands) Act 2017, which establishes a planning regime that seeks to give the qualifying authorities an appropriate degree of control over the detailed planning aspects. (see next)
Came into force on 24th February 2017.
S.I. 2017/223 THE HIGH SPEED RAIL (LONDON – WEST MIDLANDS) (FEES FOR REQUESTS FOR PLANNING APPROVAL) REGULATIONS 2017
These set out procedures for fees etc. for requests for planning approval made by the nominated undertaker to relevant planning authorities under Schedule 17 (see above) to the High Speed Rail (London – West Midlands) Act 2017.
Came into force on 27th March 2017.
S.I. 2017/227 THE HIGH SPEED RAIL (LONDON – WEST MIDLANDS) (PLANNING APPEALS) (WRITTEN REPRESENTATIONS PROCEDURE) (ENGLAND) REGULATIONS 2017
The High Speed Rail Act 2017 allows the nominated undertaker to make requests for planning approval to relevant planning authorities and Schedule 17 provides that the nominated undertaker may appeal to the Secretary of State for Transport and the Secretary of State for Communities and Local Government in certain circumstances against the decision of such an authority. These Regulations set out the forms and procedures.
Came into force on 27th March 2017
S.I. 2017/276 THE HOUSING AND PLANNING ACT 2016 (PERMISSION IN PRINCIPLE ETC) (MISCELLANEOUS AMENDMENTS) (ENGLAND) REGULATIONS 2017.
These Regulations made amendments to primary legislation for permission in principle. They provide that a local planning authority’s own application for permission in principle should not be exempt information at a local authority meeting and also give further powers regarding entries in planning registers for permission in principle and clarify that a permission in principle enures for the benefit of the land and also that a non-material change may be made for a permission in principle.
The regulations also amend the Planning (Hazardous Substances) Act 1990 -thus in dealing with an application for hazardous substances consent the hazardous substances authority shall have regard to any permission in principle that has been granted for land in the vicinity.
The regulations are also make amendments to the Commons Act 2006.
Came into force on the twenty-first day after 6th March 2017
S.I. 2017/281 (C. 26) THE HOUSING AND PLANNING ACT 2016 (COMMENCEMENT NO. 5, TRANSITIONAL PROVISIONS AND SAVINGS) REGULATIONS 2017.
These bring into force various provisions of the Housing and Planning Act 2016, including section 160 which amends section 115 of the Planning Act 2008 to enable the Secretary of State to grant development consent for related housing development alongside a nationally significant infrastructure project in England. They also require the Secretary of State to take into account any matters set out in guidance when determining whether to grant development consent for development that includes related housing development.
Came into force on 6th April 2017.
S.I. 2017/314 THE INFRASTRUCTURE PLANNING FEES (AMENDMENT) REGULATIONS 2017.
These Regulations amend the Infrastructure Planning (Fees) Regulations 2010 and the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011. The level of fees is generally increased by 50%. Each fee being increased annually in line with the consumer prices index, starting from 1st April 2018.
Came into force on 6th April 2017.
S.I. 2017/391 THE TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT) (ENGLAND) (AMENDMENT) ORDER 2017
This Order amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596).
Article 3 concerns a proposed enlargement of a dwellinghouse which is joined to an existing enlargement given planning permission by Class A of Part 1 of Schedule 2 to the GPDO. It makes clear that restrictions apply to the size of the total enlargement (i.e. the proposed enlargement together with the existing enlargement).
Article 4 extends from one to two academic years the period for which a building may be used as a state-funded school under Class C of Part 4 of Schedule 2 to the GPDO.
Article 5 introduces a new permitted development right to provide a temporary state-funded school for up to three academic years on a site which was previously used for specified commercial purposes but on which all buildings have been demolished.
Article 6 removes certain restrictions relating to floor space and distance from the boundary of the curtilage where schools are developed under Class M of Part 7 of Schedule 2 to the GPDO.
There are some miscellaneous amendments and transitional arrangements.
Came into force on 6th April 2017.
S.I. 2017/392 THE TOWN AND COUNTRY PLANNING (COMPENSATION) (ENGLAND) (AMENDMENT) REGULATIONS 2017
These Regulations amend the Town and Country Planning (Compensation) (England) Regulations 2015 to add a new class of development to the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the 2015 Regulations. (See above).
The practical effect is that if a local planning authority withdraws the new permitted development rights by issuing a direction under article 4 of the 2015 Order, compensation is only payable in respect of planning applications made within 12 months beginning on the date the direction took effect. The Regulations also allow local planning authorities to avoid compensation liability on withdrawal of the new permitted development rights by publicising their intention to make an article 4 direction at least one year, and not more than two years, ahead of the article 4 direction taking effect.
Came into force on 6th April 2017.
UPDATE ON FINANCIAL SUPPORT FOR NEIGHBOURHOOD PLANNING IN 2017/18, Letter from DCLG Chief Planner, 22nd February 2017.
DCLG announced arrangements for funding local planning authorities from the financial year beginning April 2017. See Annex A of the letter.
The letter also referred to Planning application fees-
It reminded Chief Planning Officers of the letter of 21st February on planning application fees. Section 151 officers were required to provide a commitment and submit information on the 2017/18 budget that demonstrates the additional fee income being spent on planning services, in order to benefit from new planning fees.
Responses were requested by Monday 13th March 2017.
CONSIDERATION OF AFFORDABLE HOUSING CONTRIBUTIONS FROM SMALL SITES IN APPEAL DECISIONS, PINS, March 2017.
A ministerial statement in 2014, stipulating that affordable housing contributions should not be sought from small schemes does not automatically outweigh local policies, the Planning Inspectorate (PINS) has said as it issued an apology to the London Borough of Richmond upon Thames, which had complained over a series of decisions where inspectors had come to differing views. See letter from PINS:- here.
SPRING BUDGET 2017, HM Treasury, 8th March 2017.
Summary of aspects which may be relevant to planning:-
- £536 million for new free schools and to maintain existing schools
- £270 million to launch the Industrial Strategy Challenge Fund – Initial funding will support research and innovation in universities and businesses, in areas like designing and manufacturing better batteries for new electric vehicles that will help improve air quality
- Improving transport with the National Productivity Investment Fund (NPIF) – improvements to transport infrastructure, including:
- £690 million for new local transport projects, to improve congestion on roads and public transport
- £220 million to improve congestion points on national roads, supporting local projects
- A new strategy to make the UK a world leader in 5G technology- £16 million for a national 5G Innovation Network to trial new 5G technology. And £200 million for local projects to build fast and reliable full-fibre broadband networks.
- Air quality– The government will consult on a detailed draft plan in the spring which will set out how the UK’s air quality goals will be achieved.
CAMBRIDGESHIRE AND PETERBOROUGH DEVOLUTION, DCLG, 16th March 2017.
The new deal includes fresh powers to create new jobs, improve skills levels, build more homes and improve transport. It will be led by a new mayor elected on 4th May. Funding includes £600 million for economic growth and £170 million for housing.
NEIGHBOURHOOD PLANNING BILL UPDATE- DEVELOPMENT CORPORATIONS AND ALSO OFFICE-TO- RESIDENTIAL CONVERSIONS, House of Lords, 15th March 2017.
Local authorities could be given responsibility for development corporations set up to deliver garden towns and villages under an opposition amendment to the Neighbourhood Planning Bill that has been accepted by the government.
It is also understood that the secretary of state would not seek to limit article 4 directions removing the office-to-residential permitted development right “where an authority is meeting 100 per cent of its housing delivery requirement and can continue to do so after the removal of the right, and where it is able to demonstrate that it is necessary to remove the right to protect the amenity and well-being of a particular area”.
GUIDANCE ON NATIONALLY SIGNIFICANT INFRASTRUCTURE PROJECTS AND HOUSING, DCLG, March 2017.
Guidance covers changes to the Planning Act 2008 made by section 160 of the Housing and Planning Act 2016 (see above) which allow development consent to be obtained for housing which is related to a nationally significant infrastructure project.
S.I. 2017/402 THE TOWN AND COUNTRY PLANNING (PERMISSION IN PRINCIPLE) ORDER 2017
This Order, (in England only), sets out procedures for permission in principle.
It sets out the particulars which a register under section 14A of the Planning and Compulsory Purchase Act 2004 (brownfield land register) must contain if the land in question is to be granted permission in principle as land allocated in that qualifying document.
It grants permission in principle to any land entered in Part 2 of the brownfield land register.
The Town and Country Planning (Brownfield Land Register) Regulations 2017 (S.I. 2017/403) (next) state that local planning authorities must enter land in Part 2 of the brownfield land register where they allocate land for residential development (which is defined in those Regulations as development the main purpose of which is housing development). The permission granted by this Order is an ‘in principle’ permission for development of land. Planning permission, in the form of technical details consent, would still be needed before development of the land could begin.
A local planning authority may, by direction, set the date when permission in principle in relation to a particular allocation comes into force.
The Order requires that each local planning register authority, as Part 2A of their planning register, must keep a register of any permission in principle, and sets out what each entry for permission in principle must contain and the date by which the entry must be made.
It sets the period of 5 years as the period during which a technical details application must be determined in accordance with the permission in principle.
The order also sets out a number of amendments to secondary legislation relating to permission in principle and technical details consent. In particular the amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) make a number of changes to the application procedure for planning permission in the form of technical details consent.
It also inserts into the Town and Country Planning (Compensation) (England) Regulations 2015 (S.I. 2015/598) a new provision for compensation in relation to the modification or revocation of permission in principle granted by this Order. This provides that where such permission in principle for development is modified or revoked by an order under section 97 of the 1990 Act and subsequent to that modification or revocation (but within 12 months) an application for outline planning permission is refused for that development then compensation is payable under section 107 of the 1990 Act in the same way as for the modification or revocation of a planning permission. The order also provides that compensation is not payable if at least 12 months’ notice of the revocation or modification is given (but the notice may not be given more than 5 years before the revocation or modification is to take effect).
Came into force on 15th April 2017.
S.I. 2017/403 THE TOWN AND COUNTRY PLANNING (BROWNFIELD LAND REGISTER) REGULATIONS 2017
These place a duty on each local planning authority responsible for determining applications for housing development to prepare, maintain and publish a register of previously developed land (commonly known as “brownfield land”) which is suitable for residential development. The register must be in 2 parts. Brownfield land will be entered in Part 1 where it meets the criteria in regulation 4(1) and in Part 2 where it has also been allocated by the local planning authority for residential development following mandatory publicity and consultation procedures. Where land is entered in Part 2 of the register, it will be granted permission in principle under section 59A of the Town and Country Planning Act 1990.
The regulations set out exemptions, information which must be included for each entry in the register, public inspection of the register, review and revision of the register and provision of a power for the Secretary of State to be able to require local planning authorities to give the Secretary of State information in relation to their registers.
Came into force on 16th April 2017
CREATING BETTER ENVIRONMENTS FOR PEOPLE LIVING WITH DEMENTIA, RTPI, March 2017.
This practice note gives advice on how good planning can create better environments for people living with dementia.