New Legislation – relating to Active Travel England (01/06/2023) …

The following 1 new Statutory Instrument (SI) comes into force on 01/06/2023:

New Legislation:

  • June 2023: SI 2023 No. 142 - The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2023 (pdf) (link).

Notes:

  • The above SI 2023 No. 142 makes amendments to the following SI:
    - DMPO 2015.
  • The "Explanatory Note" (link) at the end of the above SI 2023 No. 142 includes the following information:
    - "This Order [SI 2023 No. 142] amends [the DMPO 2015] to add a new statutory consultee Active Travel England, into the Table in Schedule 4.".
    - "Schedule 4 to [the DMPO 2015] makes provision for local planning authorities and the Secretary of State to consult certain authorities or persons falling within a category set out in the Table in that Schedule before issuing a grant of planning permission.".
    - "The amendments made by article 2 [of SI 2023 No. 142] amend Schedule 4 to [the DMPO 2015] to provide that local planning authorities and the Secretary of State must consult Active Travel England before issuing a grant of planning permission where development falls within any of the following descriptions: a) the number of dwellings is 150 or more; or b) the provisions of a building or buildings where the use is not exclusively for the provision of dwellings, and the floor space to be created by the development is 7,500 square metres of internal floor space or more; or c) development carried out on a site having an area of 5 hectares or more.".

Consolidated Version of the Legislation:

  • The "Explanatory Memorandum" (link) to the above SI 2023 No. 142 states the following:
    - "There are no plans for a consolidation".
  • The "DMPO 2015 (Consolidated)" document on the Planning Jungle website has been updated to incorporate the above SI 2023 No. 142, and currently incorporates a total of 18 SIs (i.e. the original SI + 17 amendment SIs).

Other Sources of Information:

  • February 2023: "Explanatory Memorandum" to SI 2023 No. 142 (pdf) (link).

Updates to the Planning Jungle website: