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Planning ... Act 2004
The Planning and Compulsory Purchase Act 2004
Royal Assent was given on 13th May 2004. The Act is being brought into force piecemeal on dates to be set by the Secretary of State. A new development plan system is being put in place, Crown immunity is abolished, planning contributions take the place of planning obligations, with the alternative of a set charge, the compulsory purchase regime is tidied up and life is generally made more difficult for developers in that the duration of planning permissions is shortened, the outline planning permission regime becomes less flexible, repeat planning applications are proscribed and twin-tracking is abolished.
The Planning and Compulsory Purchase Act 2004
The press release in respect of the Act issued by the ODPM is here.
Overview articles
- The brave new world of planning by Michael Gallimore, Lovells Explanation of the Act and its key provisions (Estates Gazette, 17 July 2004, p109).
- Making plans (1) by Robert MacCracken QC and Gregory Jones, 2 Harcourt Buildings Introduction to the new Act(Solicitors Journal, 19 November 2004)
- Making plans (2) by Michael Humphries QC, 2 Harcourt Buildings Effect of the Act on compulsory purchase and the compensation code (Solicitors Journal, 19 November 2004)
- Making plans (3) by Saira Kabir Sheikh, 2 Harcourt Buildings On sustainable development (Solicitors Journal, 26 November 2004)
- Making plans (4) by Jonathan Milner, 2 Harcourt Buildings Discussion of the new regional planning system (Solicitors Journal, 3 December 2004
Commencement orders and regulations
The Act provides outline powers and much of the detail is provided in the subordinate legislation.
The Planning and Compulsory Purchase Act 2004 (Commencement No 1) Order 2004
The Planning and Compulsory Purchase Act 2004 (Commencement No.1 and Transitional Provision) (Wales) Order 2004 in force 14 July 2004
The Planning and Compulsory Purchase Act 2004 (Commencement No. 2, Transitional Provisions and Savings) Order 2004 in force on 28 September 2004.
The Planning and Compulsory Purchase Act 2004 (Commencement No.2) (Wales) Order 2004 - in force on 1 August 2004.
Town and Country Planning (Local Development)(England) Regulations 2004 - These Regulations make provision for the operation of the new regional planning system established under Part 1 of the Act. in force 28 September 2004
Town and Country Planning (Transitional Arrangements) England) Regulations 2004 - Transitional arrangements that will apply as the changes to the local development planning system are brought into force under Part 2 of the Act in force on 28 September 2004.
Planning and Compulsory Purchase Act 2004 (Commencement No.5 and Savings) Order 2005 (SI 2005 No. 2081) - Brings into force in relation to England, the following provisions:Section 43 (power to decline to determine applications) to the extent to which it relates to the power to decline to determine subsequent applications but not to the extent to which it relates to the power to decline to determine overlapping applications);
Section 44 (major infrastructure projects);
Section 51 (duration of permission and consent);
Section 54 (duty to respond to consultation); and
Paragraph 16 (4) of Schedule 6 which substitutes paragraph 7 of Schedule 1 to the Town and Country Planning Act 1990 (consultation requirements). In force on 24 August 2005.
Town and Country Planning (General Development Procedure)(Amendment)(England) Order 2005 (SI No. 2087) In force 24 August 2005. Explanatory memorandum
Town and Country Planning (Major Infrastructure Project Inquiries Procedure)(England)(Rules) 2005 (SO No. 2115) In force 24 August 2005. Explanatory memorandum
Planning and Compulsory Purchase Act 2004 (Commencement No. 4 and Consequential, Transitional and Savings Provisions) (Wales) Order 2005 (No. 2722 (W.193) (C.110) - Various provisions of the Planning and Compulsory Purchase Act 2004 brought into force in Wales.
In force 5 and 15 October 2005
The Planning and Compulsory Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings) Order 2005 No. 2847 (C.118) - 15 October 2005
The Town and County Planning (Local Development Plan) Wales Regulations 2005 (SI No. 2839)(W203) - Regulations to make provision for the operation of the Local Development Plan system in Wales under Part 6 of the 2004 Act. They prescribe the form and content of LDPs to be prepared by local planning authorities and make provision for the procedure to be followed in their preparation. In force 15 October 2005.
The Town and Country Planning (General Permitted Development) (England) (Amendment No. 2) Order 2005 Various amendments relating to satellite and microwave antennae! Relates to England. In force 25 November 2005.
Planning and Compulsory Purchase Act 2004 (Commencement No 7) Order 2006 (SI No. 931) - brings into force remaining provisions of s53 of the 2004 in relation to fees. Wales. In force on 1 April 2006.
The Planning and Compulsory Purchase Act 2004 (Commencement No.8 and Saving) Order 2006 (SI No.1061) - Brings into force various provisions – some on 10 May 2006 and others on 10 August 2006. England only.
The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006 (SI No 1062) - amends the definition of “reserved matters” and specifies what needs to be included in applications for outline planning permission in relation to those matters; provides that operations which increase the gross floor space of a building (used for the retail sale of goods other than hot food) by more than 200 square metres constitutes development which requires planning permission; makes provision for the preparation and revocation of local development orders by local planning authorities and specifies the type of development for which a local development order cannot grant planning permission; makes provision for design and access statements which are required to accompany certain applications for planning permission, and makes certain changes to the time period within which a local planning authority must determine an application for planning permission. (Explanatory memorandum)
Article: "Preparing the ground" by Matthew White, Herbert Smith LLP - Explains the regulations. (Property Law Journal, 30 May 2006, p11).
The Planning (Applications for Planning Permission, Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2006 (SI No. 1063) - amend the definition of “reserved matters” in the Town and Country Planning (Applications) Regulations 1988 and amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to make provision for design and access statements which are required to accompany applications for listed building consent.(Explanatory memorandum
Application of planning legislation to the Crown
The application of the planning Acts to the Crown to end the Crown’s immunity from the planning system has been declared Government policy since 1994. Part 7 of the 2004 Act made provision to bring that immunity to an end and the following Order and SI’s bring that change about.
Planning and Compulsory Purchase Act 2004 (Commencement No 9 and Consequential Provisions) Order 2006 (SI No.1281) – Brings into force provisions of the 2004 Act that apply planning legislation to the Crown. In force 7 June 2006. (Explanatory memorandum)
Town and Country Planning (Application of Subordinate Legislation to the Crown) Order 2006 (SI No. 1282) - Applies subordinate planning legislation to the Crown. In force 7 June 2006. (Explanatory memorandum)
Planning (Listed Buildings, Conservation Areas and Hazardous Substances)(Amendment)(England)Regulations 2006 (SI No. 1283 - Further changes consequent upon planning law becoming applicable to the Crown. In force 7 June 2006. (Explanatory memorandum)
See also Circular 02/06 (Dclg): Crown Application Of The Planning Acts - a circular giving guidance on the new position in relation to the Crown.
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