New Legislation – relating to the General Regulations 1992 (23/02/2018) …

[UPDATE: For the subsequent government response to the consultation relating to this legislation (which was published after this legislation), please view this post.]

The following 1 new Statutory Instrument (SI) comes into force on 23/02/2018:

New Legislation:

  • February 2018: SI 2018 No. 99 - The Town and Country Planning General (Amendment) (England) Regulations 2018 (pdf) (link).

Notes:

  • The "Explanatory Note" (link) at the end of the above SI includes the following information:
    - "These Regulations further amend the Town and Country Planning General Regulations 1992 (“the 1992 Regulations”), for England only.".
    - "Generally, planning permission enures for the benefit of the land. Regulation 9 of the 1992 Regulations (which applies in England and Wales) makes an exception where an interested planning authority grants itself planning permission for its own development. In such cases, the permission enures only for the benefit of the authority (or, in the case of joint development, the authority and the other person specified in the application for planning permission as the joint developer). For England, regulations 9A and 9AA of the 1992 Regulations disapply this exception in the case of some categories of authority.".
    - "These Regulations remove the exception altogether in relation to England, so that planning permission granted by any interested planning authority in England to itself will enure for the benefit of the land. This change will not affect planning permission granted before these Regulations come into force on 23rd February 2018.".

Other Sources of Information:

  • February 2017: Fixing our broken housing market - White Paper (pdf) (link).
  • January 2018: Explanatory Memorandum to SI 2018 No. 99 (pdf) (link).
  • [UPDATE] February 2018: Local authority development - effect of planning permission - Government response to consultation (pdf) (link).
    - Note: For more information about the above document, please view this post.

Updates to the Planning Jungle website: