For the main pieces of planning secondary legislation, this “Consolidated Legislation” section of the website provides a “consolidated” version of the legislation, which incorporates all of the amendment Statutory Instruments (SIs) into the original SI.
For other pieces of planning secondary legislation, the “Other Legislation” section of the website provides lists of which amendment Statutory Instruments (SIs) apply to the original SI.
Many pieces of planning legislation have been amended a number of times since they were first introduced. For example, the GPDO 1995 has been amended by 35 separate amendment Statutory Instruments, each of which has introduced, replaced, or deleted sections of the legislation. For such pieces of legislation, the "as amended" (or "consolidated") version that actually applies in law today is now very different to the "original" version.
The government website that provides access to legislation is www.legislation.gov.uk, which replaced the previous websites www.opsi.gov.uk and www.statutelaw.gov.uk. Unfortunately, this government website only provides consolidated versions of "primary" legislation (e.g. the TCPA 1990, etc), and does not provide consolidated versions of "secondary" legislation (e.g. the GPDO 1995, etc). Furthermore, when you view secondary legislation on this government website, you are given no indication as to whether the particular section of the legislation you are viewing is still current or has been superseded.
Indeed, it appears that the government is even unable to provide a complete list of which amendment SIs apply to which original SI. For example, there is a page on the Planning Portal (see here) that provides a list of 19 amendment SIs that apply to the GPDO 1995. However, this list includes 2 SIs that do not amend the GPDO 1995, and omits 18 SIs that do amend the GPDO 1995.
In practice, therefore, there is a real risk that people will view planning secondary legislation on the government website and will be unaware that certain sections of it have been superseded. As an illustration of this, there have even been examples of where a government Planning Inspector has issued an appeal decision based on a section of planning secondary legislation that had already been superseded several years earlier.
Solution provided by the Planning Jungle website:
For each of the following pieces of planning secondary legislation, this "Consolidated Legislation" section of the website addresses the above issues by providing a "consolidated" version of the legislation, which incorporates all of the amendment Statutory Instruments (SIs) into the original SI:
- Advertisements Regulations 2007 (Consolidated).
- CIL Regulations 2010 (Consolidated).
- DMPO 2010 (Consolidated).
- Fees Regulations 2012 (Consolidated).
- GPDO 1995 (Consolidated).
- LBCA Regulations 1990 (Consolidated).
- Tree Preservation Regulations 2012 (Consolidated).
- UCO 1987 (Consolidated).
For each of the following pieces of planning secondary legislation, the "Other Legislation" section of the addresses the above issues by providing lists of which amendment Statutory Instruments (SIs) apply to the original SI:
- Appeals/Hearings/Inquiries Regulations/Rules, etc.
- Compensation Regulations 2013.
- EIA Regulations 2011.
- Enforcement Regulations/Rules 2002.
- General Regulations 1992.
- Infrastructure Planning Order/Regulations/Rules, etc.
- Listed Building Regulations 2014.
- Local Planning Regulations 2012.
- Neighbourhood Planning Regulations 2012.
- Section 62A Applications Order/Regulations/Rules 2013.
Please note that the amendment SIs identified by the Planning Jungle website are much more comprehensive than simply searching the government website (www.legislation.gov.uk) for the title of the legislation. As an example, the GPDO 1995 has been amended by "The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011", which does not appear if you search the above website for the phrase "permitted development" (or similar).