The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2023

Made9th February 2023

Laid before Parliament13th February 2023

Coming into force1st June 2023

The Secretary of State, makes this Order in exercise of the powers conferred by sections 59, 61(1), 74 and 293A of the Town and Country Planning Act 19901 and sections 54(4) and 122(3) of the Planning and Compulsory Purchase Act 20042.

Citation, commencement, extent and application1

1

This Order may be cited as the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2023 and comes into force on 1st June 2023.

2

This Order extends to England and Wales.

3

This Order applies in relation to England only.

4

The provisions in this Order apply in relation to applications for planning permission made on or after 1st June 2023.

Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 20152

In Schedule 4 (Consultations before the grant of permission) to the Town and Country Planning (Development Management Procedure) (England) Order 20153—

a

in the table after paragraph (zg) insert—

(zh)
Development falling within any of the following descriptions—
i
the development includes 150 dwellings or more;
ii
development for the provision of a building or buildings, where the use is not exclusively for the provision of dwellings, and where the floor space to be created by the development is 7,500 square metres or more; or
iii
the overall area of the development is 5 hectares or more.
Active Travel England4


(zh)	Development falling within any of the following descriptions— i the development includes 150 dwellings or more; ii development for the provision of a building or buildings, where the use is not exclusively for the provision of dwellings, and where the floor space to be created by the development is 7,500 square metres or more; or iii the overall area of the development is 5 hectares or more.	Active Travel England4

b

In paragraph l of the Interpretation of Table, after sub-paragraph (l) insert—

m
in paragraph (zh) “dwellings” include a house, building containing one or more flats, or a flat contained within such a building.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Rachel MacleanMinister of StateDepartment for Levelling Up, Housing and Communities9th February 2023

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595 “the 2015 Orders”) to add a new statutory consultee Active Travel England, into the Table in Schedule 4.

Schedule 4 to the 2015 Order makes provision for local planning authorities and the Secretary of State to consult certain authorities or persons falling within a category set out in the Table in that Schedule before issuing a grant of planning permission.

The amendments made by article 2 amend Schedule 4 to the 2015 Order to provide that local planning authorities and the Secretary of State must consult Active Travel England before issuing a grant of planning permission where development falls within any of the following descriptions: a) the number of dwellings is 150 or more; or b) the provisions of a building or buildings where the use is not exclusively for the provision of dwellings, and the floor space to be created by the development is 7,500 square metres of internal floor space or more; or c) development carried out on a site having an area of 5 hectares or more.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public or sector is foreseen. An explanatory memorandum has been produced alongside this instrument at www.legislation.gov.uk.