New Direction – “The Town and Country Planning (Consultation) (England) Direction 2024” (26/01/2024) …

[NOTE: For other versions of this Direction, please view the following posts:
- This post for the 2021 Direction.
- This post for the 2024 Direction.]

The following new Direction came into force on 26/01/2024:

New Direction:

  • January 2024: The Town and Country Planning (Consultation) (England) Direction 2024 (pdf) (link).

Notes:

  • The webpage (link) for the above 2024 Direction includes the following information:
    - "This Direction replaces The Town and Country Planning (Consultation) (England) Direction 2021 [(link)].".
    - "This Direction is made under the [DMPO 2015]. On the 26 January 2024 a revised Town and Country Planning (Consultation) (England) Direction 2024 (Consultation Direction) was published in response to Section 136 of the Levelling up and Regeneration Act 2023 [(link)]".
    - "It requires local planning authorities in England to consult the Secretary of State before granting planning permission for certain types of development.".
  • Note: Paragraph 3 of the above 2024 Direction sets out the types of development for which the LPA needs to consult the Secretary of State (in the case of an application for planning permission that the LPA does not propose to refuse). This paragraph 3 has been amended so that it now includes "development affecting ancient woodland". In addition, the following definitions have been inserted into paragraphs 2 and 10 (respectively) of the above 2024 Direction:
    - ""ancient woodland" means an area in England which has been continuously wooded since at least the end of the year 1600 A.D;".
    - "For the purposes of this Direction, "development affecting ancient woodland" means development which would result in the loss or deterioration of ancient woodland, where the local planning authority considers that potential adverse impacts cannot be mitigated.".
  • Note: The definitions of "playing field" and "playing field development" within paragraphs 2 and 7 (respectively) of the above 2024 Direction have been updated.
  • Note: Paragraphs 10-14 of the previous 2021 Direction have been renumbered as paragraphs 11-15 (respectively) of the above 2024 Direction.