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(This note is not part of the Regulations)
These Regulations bring into force provisions in the Planning Act 2008 (“the 2008 Act”) and the Levelling-up and Regeneration Act 2023 (“the 2023 Act”).
Regulation 2 brings into force on 25th April 2024 section 196 and paragraphs 1, 7, 8 and 10 to 14 of Schedule 10 to the 2008 Act, so far as they relate to any appeal under section 195 of the Town and Country Planning Act 1990 (“the 1990 Act”). The effect of these provisions is that the Secretary of State can determine the procedure to be adopted for the determination of an appeal about a lawful development certificate.
Regulation 3 brings into force on 25th April 2024 various provisions of the 2023 Act.
Regulation 3(a) brings into force section 103 of the 2023 Act. Section 103 amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”), enabling a local planning authority which suspects unauthorised works were carried out on a listed building, to issue a temporary stop notice requiring the works to stop for up to 56 days, to allow the local authority to investigate the suspected breach and establish the facts of the case. The section also creates an offence for contravention of such a notice.
Regulation 3(b) brings into force section 115 of the 2023 Act. Section 115 amends section 171B(1) and (2) of the 1990 Act to extend the time period in which local planning authorities can take enforcement action against unauthorised development in England from 4 to 10 years.
Regulation 3(c) brings into force section 116 of the 2023 Act. Section 116 amends section 171E of the 1990 Act to allow local planning authorities in England to issue a temporary stop notice that has effect for up to 56 days, providing more time for a local authority to investigate a suspected breach of planning control. The section maintains the current time periods in Wales.
Regulation 3(d) brings into force section 117 of the 2023 Act. Section 117 inserts a new section 172ZA into the 1990 Act and makes consequential amendments to sections 188 and 171A of that Act. Section 172ZA creates a new power for a local planning authority in England to issue an enforcement warning notice asking the person concerned to submit a retrospective planning application within a specified period.
Regulation 3(e) brings into force section 118 of the 2023 Act. Section 118 amends section 174 of the 1990 Act to reduce the ability for a person to lodge an appeal against an enforcement notice issued in England on ground “(a)” - that planning permission ought to be granted or that the condition or limitation imposed on the grant of permission ought to be discharged.
Regulation 3(f) brings into force section 119 of the 2023 Act. Section 119 gives the Secretary of State a new power to dismiss an appeal in relation to an enforcement notice or an appeal relating to a lawful development certificate in England, where it appears that the appellant is causing undue delay to the appeals process.
Regulation 3(g) brings into force section 120 of the 2023 Act. Section 120 amends sections 187A and 216 of the 1990 Act in relation to England to increase the maximum level of fines for failure to comply with a breach of condition notice and for failure to comply with a section 215 notice (maintenance of land).
Regulation 3(h) brings into force section 122 of the 2023 Act. Section 122 amends section 122 of the Localism Act 2011 to make permanent the powers to make provision for pre-application consultation in sections 61W to 61Y of the 1990 Act.
Regulation 3(i) brings into force section 124 of the 2023 Act. Section 124 inserts a new section 327ZA into the 1990 Act to enable the Secretary of State to make provision to require or allow planning applications to be made and associated documents to be provided by electronic means or in accordance with particular standards in respect of those electronic means.
Regulation 4 brings into force on 25th July 2024 section 105 of the 2023 Act. Section 105 amends section 3 of the Listed Buildings Act to require a local planning authority to consult with Historic Buildings and Monuments Commission for England before serving a building preservation notice. Section 105 also amends section 29 of the Listed Buildings Act to remove the right to claim compensation for building preservation notices in England.
Regulations 5 to 9 contain transitional provisions relating to time limits for enforcement, duration of temporary stop notices, restrictions on appeals against enforcement notices, undue delays in appeals and penalties for non-compliance respectively.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. An impact assessment has been produced in relation to the 2008 Act and copies can be obtained at https://www.legislation.gov.uk/ukia/2008/358/pdfs/ukia_20080358_en.pdf or from the Department for Levelling Up, Housing an Communities at 2 Marsham Street, London, SW1P 4DF. An impact assessment has been produced in relation to the 2023 Act and copies can be obtained at https://bills.parliament.uk/bills/3155/publications or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.
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