The Town and Country Planning General (Amendment) (England) Regulations 2018

Statutory Instruments

2018 No. 99

Town And Country Planning, England

The Town and Country Planning General (Amendment) (England) Regulations 2018

Made

29th January 2018

Laid before Parliament

31st January 2018

Coming into force

23rd February 2018

The Secretary of State, in exercise of the powers conferred by sections 316, 333(1) and 336(1) of the Town and Country Planning Act 1990(1), makes the following Regulations:

Citation, commencement, application and saving

1.—(1) These Regulations may be cited as the Town and Country Planning General (Amendment) (England) Regulations 2018 and come into force on 23rd February 2018.

(2) These Regulations apply in relation to England only.

(3) These Regulations do not apply in relation to any planning permission granted before 23rd February 2018.

Effect of planning permission: exclusion of certain interested authorities

2.  The Town and Country Planning General Regulations 1992(2) are amended by omitting—

(a) regulation 9 (effect of planning permission);

(b) regulation 9A (exclusion of certain authorities from regulation 9–England); and

(c) regulation 9AA (exclusion of interested planning authorities from regulation 9).

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

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

29th January 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Town and Country Planning General Regulations 1992 (“the 1992 Regulations”), for England only.

Generally, planning permission enures for the benefit of the land. Regulation 9 of the 1992 Regulations (which applies in England and Wales) makes an exception where an interested planning authority grants itself planning permission for its own development. In such cases, the permission enures only for the benefit of the authority (or, in the case of joint development, the authority and the other person specified in the application for planning permission as the joint developer). For England, regulations 9A and 9AA of the 1992 Regulations disapply this exception in the case of some categories of authority.

These Regulations remove the exception altogether in relation to England, so that planning permission granted by any interested planning authority in England to itself will enure for the benefit of the land. This change will not affect planning permission granted before these Regulations come into force on 23rd February 2018.

A full impact assessment has not been produced for this instrument as no, or no significant, adverse impact on the private, voluntary or public sectors is foreseen.

(1)

1990 c. 8; section 316 was substituted by section 20 of the Planning and Compensation Act 1991 (c. 34). Section 336(1) is cited for the definition of “prescribed”. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see, in Schedule 1, the entry for the Town and Country Planning Act 1990 as substituted by Schedule 3 to the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253). These powers were subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

(2)

S.I. 1992/1492; relevant amending instruments are S.I. 1992/1982, S.I. 1998/2800, S.I. 2011/1589.