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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.
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