New Legislation – 6 new SIs relating to (nationally important) crown development, including consequential amendments to the CIL Regulations 2010, the DMPO 2015, the GPDO 2015, etc (02/04/2025 and 01/05/2025) …

The following 6 new Statutory Instruments (SIs) come into force on 01/05/2025 (albeit that a small part of SI 2025 No. 418 came into force on 02/04/2025):

New Legislation:

  • May 2025: SI 2025 No. 409 - The Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025 (pdf) (link).
  • May 2025: SI 2025 No. 410 - The Town and Country Planning (Crown Development Applications) (Hearings and Inquiries) Rules 2025 (pdf) (link).
  • May 2025: SI 2025 No. 411 - The Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025 (pdf) (link)
  • May 2025: SI 2025 No. 412 - The Town and Country Planning (Consequential and Miscellaneous Amendments) Regulations 2025 (pdf) (link).
  • April 2025 and May 2025: SI 2025 No. 418 - The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (pdf) (link).
  • May 2025: SI 2025 No. 433 - The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 (pdf) (link).

Notes:

  • For an overview of the two new routes for applications for (nationally important) crown development, the "Explanatory Memorandum" (link) to the above SI 2025 No. 412 includes the following information:
    - "The [Levelling-up and Regeneration Act 2023] made provision to address these challenges. Section 109 of the [Levelling-up and Regeneration Act 2023] inserts new sections 293B to 293J into the TCPA [1990] to provide two new routes for applications for planning permission and applications for the approval of reserved matters for Crown development in England. Sections 293B and 293C [of the TCPA 1990] provide a route for such applications where the development is considered to be of national importance and where there is also considered to be a need for the development to be carried out as a matter of urgency ('Urgent Crown Development'). Sections 293D to 293J [of the TCPA 1990] provide a route for such applications, and, where applicable, connected listed building consent applications, where development is considered to be of national importance but is not considered to be urgent ('Crown Development').".
    - "The new routes allow an appropriate authority (as defined in section 293 of the TCPA [1990], such as a government department) to apply to the Secretary of State for planning permission instead of the local planning authority. The new routes apply to England only and replace the existing urgent Crown development provisions in section 293A of the TCPA [1990], which remain in place for Wales only.".
  • For SI 2025 No. 409, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "[This SI] sets out the procedure [including for written representations] to be followed where a [non-urgent] Crown development application for planning permission or approval of reserved matters or a connected listed building application is made in accordance with sections 293D and 293E of the [TCPA 1990].".
  • For SI 2025 No. 410, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "[This SI sets out] the procedure for hearings and inquiries held before the determination of a [non-urgent] Crown development application, that is, an application which has been made in accordance with sections 293D and 293E of the [TCPA 1990].".
  • For SI 2025 No. 411, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "This [SI] sets out the procedures in connection with [urgent Crown development] applications under section 293B of the [TCPA 1990].".
  • For SI 2025 No. 412, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "[This SI contains] amendments to existing [secondary] legislation which are consequential on new sections 293B to 293J [of the TCPA 1990] [relating to non-urgent Crown development and urgent Crown development], in particular, to ensure the new provisions are referenced where appropriate.".
    - "In addition, [this SI contains] some minor amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (S.I. 2013/2140). The amendments enable applicants for planning permission to use a form substantially to the same effect as the form provided by the Secretary of State. They also update the form and content requirements for applications for approval of reserved matters.".
  • For SI 2025 No. 418, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "Part 2 of [this SI] contains amendments to the [Fees Regulations 2012] to specify where fees are payable in respect of applications made to the Secretary of State under the new provisions contained in sections 293B to 293J [of the TCPA 1990] [relating to non-urgent Crown development and urgent Crown development].".
    - "Part 3 of [this SI] contains amendments to existing primary legislation which are consequential on new sections 293B to 293J [of the TCPA 1990] [relating to non-urgent Crown development and urgent Crown development], in particular, to ensure the new provisions are referenced where appropriate.".
  • For SI 2025 No. 433, the "Explanatory Note" (link) at the end of this SI includes the following information:
    - "Regulation 2 [of this SI] makes amendments to the CIL Regulations [2010] to ensure that they apply to certain planning determinations made by the Secretary of State (or appointed person), namely:
    >>> (a) determinations made by virtue of section 76C of the [TCPA 1990] (or by a person appointed under section 76D of that Act) on application made directly to the Secretary of State under section 62A of the [TCPA 1990]; and
    >>> (b) determinations made by virtue of section 293H of the [TCPA 1990] (or by a person appointed under section 293I of that Act) on an application made directly to the Secretary of State under section 293D of that Act [relating to non-urgent Crown development].".
    - "Regulation 3 [of this SI] makes amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (S.I. 2013/2140) which are incidental, consequential and supplementary to the amendments made in relation to sub-paragraph (a) above. This is to enable the Secretary of State to obtain information in relation to CIL where an application has been made under section 62A of the [TCPA 1990].".
  • Note: For a list of SIs amended by the above 6 new SIs, please view the section below titled "Updates to the Planning Jungle website".

Other Sources of Information:

  • April 2025: "Explanatory Memorandum" to SI 2025 No. 409 (pdf) (link).
  • April 2025: "Explanatory Memorandum" to SI 2025 No. 410 (pdf) (link).
  • April 2025: "Explanatory Memorandum" to SI 2025 No. 411 (pdf) (link).
  • April 2025: "Explanatory Memorandum" to SI 2025 No. 412 (pdf) (link).
  • April 2025: "Explanatory Memorandum" to SI 2025 No. 418 (pdf) (link).
  • April 2025: "Explanatory Memorandum" to SI 2025 No. 433 (pdf) (link).

Updates to the Planning Jungle website: