Statutory Instruments
Town And Country Planning, England
Made
10th March 2014
Laid before Parliament
13th March 2014
Coming into force
6th April 2014
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 1990(1), makes the following Regulations:
1.—(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.
2. In regulation 2 of the Town and Country Planning (Compensation) (England) Regulations 2013(2), 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 Boles
Parliamentary Under Secretary of State
Department for Communities and Local Government
10th March 2014
(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.
1990 c. 8; section 108(2A), (3C), (5) and (6) were inserted by section 189 of the Planning Act 2008 (c. 29) There are other amendments to section 108 which are not relevant to these Regulations.
S.I. 2013/1102. There are no relevant amendments.