| Title of Document: |
Planning and Compulsory Purchase Bill |
| Keywords: |
purchase bill, regulation, industry |
| Author: |
Katherine Evans |
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| Ecodex-online publication date: 09/12/2003 |
| Date of Original Publication: 09/12/2003 |
| Country: United Kingdom |
Summary: Stop Press! Changes to time limits for lodging planning appeals
New regulations in force from 5 September 2003 reduce the time limit for lodging planning appeals from 6 to 3 months of the decision or the expiry of the decision period, including appeals against listed building and conservation area consent. |
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Further guidance for development plans
Following uncertainties relating to the transitional arrangements in respect of local and unitary development plans, the Government has now issued further guidance.
Changes outlined in the guidance are subject to the drafting of relevant amendments to the Bill. The aim is for the Bill to receive Royal Assent in March 2004 with the Act coming into force in June 2004.
General transitional arrangements
Whatever constitutes the development plan in a specified area will retain development plan status and be "saved" for a period of 3 years from the date of commencement of the new Act. This saved period will also apply to draft plans, once adopted.
During the saved period, the Local Planning Authority (LPA) will bring forward new Development Plan Documents. These will eventually replace the policies contained in the saved plan in accordance with local, mineral and waste development schemes. Policies contained in a Development Plan Document will replace saved plan policies.
The policies in any saved Structure Plan will eventually be replaced by revisions to the Regional Spatial Strategy (RSS).
Structure plans
Where Regional Planning Bodies (RPBs) consider that elements of the saved plan should continue being enforced beyond the saved period they will put their case to the Secretary of State. During the saved period the structure plan will continue to be a relevant consideration in the preparation of local development documents (LDDs). Subject to any extensions, all structure plans will cease to be part of the Development Plan at the end of the 3 years.
Where a plan has not reached the statutory deposit stage prior to the commencement of Part 1 of the Bill, all preparation on the plan will cease and it will have no effect.
Where a structure plan has reached a statutory deposit stage by the time of commencement of Part 1 of the Bill, it will continue to be prepared and, once adopted, the saved period will start from this date.
Local plans, UDPs, waste and mineral plans
Under new regulations it is proposed that within a prescribed period following commencement of the Act, LPA's will submit to the Secretary of State a Local, Waste or Mineral Development Scheme that sets out a timetable for producing LDD's over a period of 3 years.
A Local Development Framework (LDF) should also contain the saved plan or plans, in order to be a comprehensive folder of all relevant development plans and other development documents for the area.
At the end of the saved period, the saved plans will cease to be part of the development plan, unless the policies have been extended beyond this period by the Secretary of State.
Where a first statutory deposit stage has been reached prior to the commencement of the Bill, the position of the plan will vary depending on the following:
If the LPA is not under a duty to hold an inquiry or other hearing, proposals will continue under current procedures. Where an inspector has been appointed prior to commencement of the Bill the plan would also continue to an inquiry or hearing and, where appropriate, adoption or approval under the current procedures.
Where the plan has reached first deposit, an inquiry or other hearing will be required but when there is no appointed inspector, the proposals would continue under current procedures, subject to certain important changes. The Inspector's Report will be binding on the LPA and there will be no possibility of a modification stage.
Where a plan has reached a first deposit on an inquiry or other hearing but no inspector has been appointed, the changes will also have effect. For plans which have reached the first statutory deposit, there will be no revised deposit stage.
For more information please contact Katherine Evans on 0117 917 7941, or email kevans@TLTsolicitors.com.
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This publication is intended for general guidance and represents our understanding of the relevant law and practice as at September 2003. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.
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