The Town and Country Planning (Compensation) (Wales) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe various matters for the purposes of section 108 of the Town and Country Planning Act 1990.

Section 108 provides for the payment of compensation in certain cases where planning permission for development granted by a development order or a local development order is withdrawn and where on an application for planning permission for that development, the application is refused or permission is granted subject to conditions.

Section 108(2A) and 3(B) to 3(D) (as amended by the Planning Permission (Withdrawal of Development Order or Local Development Order) (Compensation) (Wales) Order 2012) (S.I. 2012/210 (W.36)) enable the circumstances in which compensation is payable to be limited. These Regulations prescribe types of development for the purposes of section 108(2A) and (3C) (regulation 2), the manner for withdrawing planning permission (regulation 3) and the manner, and maximum period, in which notice of withdrawal, revocation, amendment or directions is to be given (regulations 4 and 5). The prescribed types of development already include development permitted by the following parts of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418) (“1995 Order”): Part 1 (development within the curtilage of a dwellinghouse); Class A of Part 8 (extension or alteration of an industrial building or warehouse); Part 32 (schools, colleges, universities and hospitals); Part 40 (installation of domestic microgeneration equipment) and Part 43 (installation of non-domestic microgeneration equipment). The prescribed types of development now also include Part 8 Class E (refuse and cycle stores within the curtilage of an industrial building or warehouse), Part 41 (office buildings) and Part 42 (shops and financial or professional services establishments).

The effect of these Regulations is that when the permitted development rights identified in regulation 2 are withdrawn by directions under section 108(2A), compensation is only payable in respect of planning applications made within 12 months beginning on the date the directions took effect. The matters prescribed in regulations 3 and 4 relate to planning permission granted by development order and provide a mechanism for the permitted development rights identified in regulation 2 to be withdrawn without compensation being payable, provided the prescribed procedures are followed as to the manner of withdrawal, the manner of publishing the withdrawal and the maximum period of notice that may be given in respect of withdrawal. Regulation 5 makes similar provision regarding withdrawal of permitted development rights granted by a local development order.

Regulation 6 is a transitional provision.

These Regulations amend and consolidate the Town and Country Planning (Compensation) (Wales) (No. 2) Regulations 2012 (S.I. 2012/789 (W.105)) which are revoked by regulation 7.

An impact assessment has been prepared in relation to these Regulations. Copies are available from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.wales.gov.uk.