2014 No. 565

Town And Country Planning, England

The Town and Country Planning (Compensation) (England) (Amendment) Regulations 2014

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred by section 108(2A), (3C), (5) and (6) of the Town and Country Planning Act 19901, makes the following Regulations:

Citation, commencement and application1

1

These Regulations may be cited as the Town and Country Planning (Compensation) (England) (Amendment) Regulations 2014 and shall come into force on 6th April 2014.

2

These Regulations apply in relation to England only.

Amendments to prescribed development2

In regulation 2 of the Town and Country Planning (Compensation) (England) Regulations 20132, for paragraph (c) substitute—

c

Classes CA, I, IA, J, K, L, M, MA and MB of Part 3 (changes of use and associated operational development);

Signed by the authority of the Secretary of State for Communities and Local Government

Nick BolesParliamentary Under Secretary of StateDepartment for Communities and Local Government
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Compensation) (England) Regulations 2013 (“the 2013 Regulations”) to add new classes 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 2013 Regulations. The new rights – Classes CA, IA, MA and MB – permit various changes of use, and have been inserted into Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (“the 1995 Order”) by amendments set out in the Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014.

The practical effect of these Regulations is that if a local planning authority withdraws the new permitted development rights by issuing a direction under article 4 of the 1995 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.