The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

The Town and Country Planning (Development Management Procedure) (England) Order 2010 (S.I. 2010/2184) (“the DMPO”) specifies procedures connected with planning applications and other matters in England. This Order amends the DMPO.

Article 3 deletes the reference to regional development agencies from the list of consultees on local development orders in article 34 of the DMPO and from the table of statutory consultees in Schedule 5. It also amends that table to substitute Natural England for the Secretary of State for the Environment, Food and Rural Affairs in relation to the loss of agricultural land.

Neighbourhood development orders (“NDOs”) under section 61E of the Town and Country Planning Act 1990 (“the 1990 Act”) grant planning permission for the development or class of development specified in the order. Article 4 of this Order inserts new article 37A into the DMPO. This provides that matters relating to NDOs (including those known as ‘community right to build orders’: see Schedule 4C to the 1990 Act) must be kept on the planning register maintained by the local planning authority in relation to their area. It introduces a new Part 4 of the register which must be in two sections: one for draft NDOs and one for NDOs that have been made.

Under section 171BA(1) of the 1990 Act, a local planning authority can make an application to a magistrates’ court for a planning enforcement order in relation to an apparent breach of planning control. Planning enforcement orders may only be made in cases where the breach has been deliberately concealed and it would be just in all the circumstances to make an order. Article 5 of this Order substitutes new article 38 of the DMPO and provides that information relating to planning enforcement orders must be kept on the register of enforcement and stop notices.

An Impact Assessment has not been prepared for this Order as it has no additional impact on business, charities or the public sector beyond that examined in the Impact Assessment that accompanied the Localism Bill when it was introduced in Parliament on 13th December 2010. A copy of this assessment was placed in the Library of each House of Parliament and can be found on the Communities and Local Government website (http://www.communities.gov.uk).