Don’t Stop Me Now! – Updates to the Planning Practice Guidance
3rd May, 2024
Following the recent changes to local planning authorities' powers to enforcement planning control, the Department of Levelling Up, Housing and Communities ("DLUHC") has now updated it's published guidance for how breaches of planning control are dealt with.
The guidance provides a helpful understanding of all aspects of enforcement covering:
- All-new Enforcement Warning Notices;
- The recent changes to time limits for bringing enforcement action;
- Length of time that Temporary Stop Notices now lasts; and
- The level fine incurred for non-compliance with a Breach of Condition Notice.
PPG Guidance Update: CIL
DLUHC has also updated it’s published guidance relating to Community Infrastructure Levy (“CIL”), particularly relating to CIL relief for retrospective planning permission granted through section 73A of the Town and Country Planning Act 1990.
The update doesn’t relate to any changes in the legislation, but is a helpful reminder that it is not possible to obtain relief (including Social Housing Relief) or most exemptions where a retrospective planning permission is granted. This is due to the inability to claim those reliefs and/or exemptions prior to commencement of development where the development is treated as having commenced on the day that the retrospective permission is granted.
Furthermore, the guidance now makes it clear that where permission under s73A is granted to remedy previous breaches of condition in respect of a development that previously benefitted from reliefs and/or exemptions, those reliefs and/or exemptions will not carry forward to the new retrospective permission, resulting in an increased CIL liability. It is important to remember here that the LPA may treat an application submitted under s73 to vary a condition as an application under s73A where there has been a breach of that condition such that in effect the application is for retrospective consent. It is therefore important that the potential CIL implications are fully considered in such circumstances.
BNG Responsible Bodies
Last month, DEFRA announced a fifth body to be designated as Responsible Body for the purposes of the Environment Act 2021 (“EA”). The EA introduced long-awaited “conservation covenants” which enable responsible bodies to monitor and regulate land secured for biodiversity net gain purposes for a period of at least 30 years.
Since conservation covenants were introduced in Autumn 2023, there appears to have been a slow uptake of bodies being designated by the Secretary of State as responsible bodies –Northumberland County Council is one of the few public bodies to have been designated to date – though several local authorities have reportedly applied for responsible body status.
Planning Inspectorate Performance
PINS has released it’s latest data available for the length of time taken to determine appeals. Whilst planning application appeals are seemingly taking less time, appeals against enforcement decisions taken by LPAs are taking longer to be determined.
Get in touch
For more information about the matters raised in this week’s planning speed read contact Kamran Hyder, or another of our expert Planning Lawyers.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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