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The Town and Country Planning (Compensation) (England) (Amendment) Regulations 2017

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Statutory Instruments

2017 No. 392

Town And Country Planning, England

The Town and Country Planning (Compensation) (England) (Amendment) Regulations 2017

Made

14th March 2017

Laid before Parliament

15th March 2017

Coming into force

6th April 2017

The Secretary of State, in exercise of the powers conferred by sections 108(2A), (3C), (5) and (6) of the Town and Country Planning Act 1990(1), makes the following Regulations.

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Compensation) (England) (Amendment) Regulations 2017 and come into force on 6th April 2017.

Amendments to prescribed descriptions of development

2.  In regulation 2 of the Town and Country Planning (Compensation) (England) Regulations 2015(2), in paragraph (d) after “C,” insert “CA,”.

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

Gavin Barwell

Minister of State

Department for Communities and Local Government

14th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Compensation) (England) Regulations 2015 (“the 2015 Regulations”) to add a new class 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 2015 Regulations. The new right – Class CA – permits temporary school buildings to be provided on vacant commercial land, and has been inserted into Part 4 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the 2015 Order) by amendments set out in the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017.

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 2015 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.

(1)

1990 c. 8; section 108(2A), (3C), (5) and (6) were inserted by section 189 of the Planning Act 2008 (c. 29). There are other amendments to section 108 which are not relevant to these Regulations.

(2)

S.I. 2015/598 as amended by S.I. 2016/331.

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