The following 1 new Statutory Instrument (SI) comes into force on 01/10/2018:
New Legislation:
- October 2018: SI 2018 No. 566 - The Town and Country Planning (Pre-commencement Conditions) Regulations 2018 (pdf) (link).
Notes:
- The "Explanatory Note" (link) at the end of the above SI includes the following information:
- "Section 100ZA of the Town and Country Planning Act 1990 (the 1990 Act), which was inserted by section 14 of the Neighbourhood Planning Act 2017, provides that planning permission for the development of land may not be granted subject to a pre-commencement condition (as defined in section 100ZA(8) of the 1990 Act) without the written agreement of the applicant to the terms of the condition. This requirement is subject to such exclusions as may be prescribed by the Secretary of State (see section 100ZA(6)).".
- "Regulation 2 provides that planning permission may be granted subject to a pre-commencement condition without the applicant’s written agreement if the applicant has been notified of the intention to impose a pre-commencement condition and has not responded by the date specified in the notice.".
- "The provisions made in these Regulations apply only to conditions on a grant or modification of planning permission granted or modified after the coming into force of these Regulations.".
Other Sources of Information:
- September 2016: Improving the use of planning conditions - Public consultation (pdf) (link).
- Note: For more information about the above document, please view this post. - December 2016: Government response to the consultation on improving the use of planning conditions (pdf) (link).
- Note: For more information about the above document, please view this post. - January 2018: Letter from MHCLG to Chief Planning Officers about the NPPF timetable, etc (pdf) (link).
- January 2018: Improving the use of planning conditions - Consultation on draft regulations (pdf) (link).
- Note: For more information about the above document, please view this post. - May 2018: Government response to the consultation on pre-commencement conditions Regulations (pdf) (link).
- Note: For more information about the above document, please view this post. - May 2018: Explanatory Memorandum to SI 2018 No. 566 (pdf) (link).
Updates to the Planning Jungle website:
- The "Pre-commencement Conditions Regulations 2018" page has been created to list the above SI 2018 No. 566.