The Planning and Compulsory Purchase Bill is on hold, pending revision. So property professionals returning from their summer holidays may be surprised to discover that one significant aspect of the government’s planning reforms has already been accomplished by means of two new statutory instruments.
With effect from 5 September 2003, the time limit for lodging planning appeals will be reduced from six to three months. The deadline for appeals concerning applications for listed building consent and conservation area consent has also been reduced to three months.
The government’s plan to reduce the appeal period was first put forward in the Planning Green Paper in December 2001, and was later announced in the July 2002 statement Sustainable Communities: Delivering through planning.
The new time limit will apply only to applications made on or after 5 September. Therefore, a developer who lodges and registers an application by close of business on 4 September 2003 will still have the benefit of the six-month period.
The enabling provisions are:
· The Town and Country Planning (General Development Procedure) (England)(Amendment) Order 2003 (SI 2003/2047); and
· The Planning (Listed Buildings and Conservation Areas)(England) (Amendment) Regulations 2003 (SI 2003/2048).
The new provisions also include:
(i) a requirement for local planning authorities (LPAs) to consult with regional development agencies before granting planning permission for certain categories of development;
(ii) the introduction of an exception to LPAs’ obligations to consult statutory consultees where a development proposal is subject to up-to-date standing advice issued by the consultee; and
(iii) a requirement for LPAs to provide a summary of reasons for the grant of listed building consent, conservation area consent or planning permission and, in respect of the latter, to provide a summary of the relevant policies and proposals in the development plan.
The new arrangements apply only to England.
Jim Ryan, solicitor, Burges Salmon
The Planning and Compulsory Purchase Bill is on hold, pending revision. So property professionals returning from their summer holidays may be surprised to discover that one significant aspect of the government’s planning reforms has already been accomplished by means of two new statutory instruments.
With effect from 5 September 2003, the time limit for lodging planning appeals will be reduced from six to three months. The deadline for appeals concerning applications for listed building consent and conservation area consent has also been reduced to three months.
The government’s plan to reduce the appeal period was first put forward in the Planning Green Paper in December 2001, and was later announced in the July 2002 statement Sustainable Communities: Delivering through planning.
The new time limit will apply only to applications made on or after 5 September. Therefore, a developer who lodges and registers an application by close of business on 4 September 2003 will still have the benefit of the six-month period.
The enabling provisions are:
· The Town and Country Planning (General Development Procedure) (England)(Amendment) Order 2003 (SI 2003/2047); and
· The Planning (Listed Buildings and Conservation Areas)(England) (Amendment) Regulations 2003 (SI 2003/2048).
The new provisions also include:
(i) a requirement for local planning authorities (LPAs) to consult with regional development agencies before granting planning permission for certain categories of development;
(ii) the introduction of an exception to LPAs’ obligations to consult statutory consultees where a development proposal is subject to up-to-date standing advice issued by the consultee; and
(iii) a requirement for LPAs to provide a summary of reasons for the grant of listed building consent, conservation area consent or planning permission and, in respect of the latter, to provide a summary of the relevant policies and proposals in the development plan.
The new arrangements apply only to England.
Jim Ryan, solicitor, Burges Salmon
