This Order supersedes S.I. 2010/655 published on 12 March 2010 and is being issued free of charge to all known recipients of that Statutory Instrument.
Statutory Instruments
Town And Country Planning, England
Made
7th April 2010
Laid before Parliament
9th April 2010
Coming into force
3rd May 2010
The Secretary of State, in exercise of the powers conferred by section 108(2A), (3C), (3D), (5) and (6) of the Town and Country Planning Act 1990(1), makes the following Regulations:
1.—(1) These Regulations may be cited as the Town and Country Planning (Compensation) (No. 2) (England) Regulations 2010 and shall come into force on 3rd May 2010.
(2) These Regulations apply in relation to England only.
(3) In these Regulations—
“the Act” means the Town and Country Planning Act 1990;
“the GPDO” means the Town and Country Planning (General Permitted Development) Order 1995(2); and
“Schedule 2” means Schedule 2 to the GPDO.
2.—(1) For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed—
(a)development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwelling house);
(b)development permitted by Class A of Part 8 of Schedule 2 (erection, extension or alteration of an industrial building or warehouse);
(c)development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals);
(d)development permitted by Part 41 of Schedule 2 (office buildings); and
(e)development permitted by Part 42 of Schedule 2 (shops or catering, financial or professional services establishments).
3. For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is by direction in accordance with articles 4, 5 and (as appropriate) 6 of the GPDO.
4. For the purposes of section 108(3C)(c) of the Act—
(a)the prescribed manner in which notice of the withdrawal is to be published is in the manner described in paragraphs (1) to (5) of article 5 of the GPDO; and
(b)the prescribed period is 24 months.
5. For the purposes of section 108(3D)(c) of the Act—
(a)the prescribed manner for publication of notice of the revocation, amendment or directions is in the manner described in paragraphs (7) and (8) of article 2B of the GPDO; and
(b)the prescribed period is 24 months.
6. The Town and Country Planning (Compensation) (England) Regulations 2010(3) are revoked.
Signed by authority of the Secretary of State for Communities and Local Government
John Healey
Minister of State
Department for Communities and Local Government
7th April 2010
(This note is not part of the Regulations)
Section 108 of the Town and Country Planning Act 1990 provides for the payment of compensation in certain cases where planning permission for development granted by a development order or a local development order is withdrawn and where on an application for planning permission for that development, the application is refused.
Section 108(2A) and (3B) to (3D) (inserted by section 189 of the Planning Act 2008) limits the circumstances in which compensation is payable. These Regulations prescribe types of development for the purposes of section 108(2A) and (3C) (regulation 2), prescribe the manner in which planning permission is to be withdrawn (regulation 3) and prescribe the manner, and maximum period, in which notice of withdrawal, revocation, amendment or directions is to be given (regulations 4 and 5). The Regulations replace the Town and Country Planning (Compensation) (England) Regulations 2010 (S.I. 2010/655) which are revoked.
An impact assessment has been prepared in relation to these Regulations. It has been placed in the library of each House of Parliament and copies may be obtained from the Planning Directorate, the Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU or http://www.communities.gov.uk.
1990 c. 8. Section 108 was amended by the Planning and Compensation Act 1991 (c. 34), section 13; the Planning and Compulsory Purchase Act 2004 (c. 5), sections 40(2) and 118(1), and Schedule 6, paragraphs 1 and 6; the Planning Act 2008 (c. 29), section 189 and S.I. 2006/1281. As to the powers to prescribe, see section 108(6). These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672; see the entry in Schedule 1 for the Town and Country Planning Act 1990 (c.8) as substituted by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/ 253). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), these powers were transferred to the Welsh Ministers.
S.1. 1995/418; relevant amendments were made by S.I. 2006/1062 and 2010/654.