New Legislation – relating to compensation (06/04/2017) …

The following 1 new Statutory Instrument (SI) comes into force on 06/04/2017:

New Legislation:

  • April 2017: SI 2017 No. 392 - The Town and Country Planning (Compensation) (England) (Amendment) Regulations 2017 (pdf) (link).

Notes:

  • The above SI 2017 No. 392 is not summarised on the Planning Jungle website.
  • The "Explanatory Note" (link) at the end of the above SI includes the following information:
    - "The practical effect of these Regulations is that if a local planning authority withdraws the new permitted development rights [i.e. Part 4 Class CA ("provision of a temporary state-funded school on previously vacant commercial land")] 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.".

Other Sources of Information:

  • March 2017: Explanatory Memorandum to SI 2017 No. 391 and SI 2017 No. 392 (March 2017) (pdf) (link).

Updates to the Planning Jungle website: