Update on the latest raft of development plans regulations

Update on the latest raft of development plans regulations

Friday 16th February 2018

New regulations have been made in relation to Local Plans, Neighbourhood Plans and Community Infrastructure Levy (CIL), which come into force in 2018.

The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 provide, amongst other things:

  • the implementation of a duty on Local Planning Authorities (LPAs) to review Local Plans/Statements of Community Involvement at least every 5 years from adoption, coming into effect on 6 April 2018;
  • a requirement for LPAs to set out in their Statements of Community Involvement policies for giving advice or assistance to/involving neighbourhood planning groups in the preliminary stages of plan-making, which will come into force on 31 July 2018. This requirement applies only to development plan documents that have not reached Regulation 18 before 31 July 2018; and .
  • removal of the legal requirement to submit local plans to the Planning Inspectorate for examination in paper form.

The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017 and the Neighbourhood Planning Act 2017 (Commencement No. 3) Regulations 2018, brought into force on 31 January 2018 Section 4 of the Neighbourhood Planning Act 2017 and associated procedural requirements, providing a streamlined process for the modifying of neighbourhood plan areas and made (i.e. adopted) neighbourhood plans.

The Community Infrastructure Levy (Amendment) Regulations 2018 deal with Regulation 128A of the Community Infrastrcutre Levy Regulations 2010, where a planning permission for the development was granted when no CIL was in force in the area but a levy was brought into force before a later section 73 permission was granted for the development. This is a very technical amendment which clarifies how indexation figures should be used as part of the calculation, to ensure that an appropriate comparison is made. This came into force 8 February 2018.

The Ministry of Housing, Communities and Local Government (Marsham Street HQ pictured) has provided various informative updates on these regulations and other matters - including the latest timetable for the publication of the draft National Planning Policy Framework - in the DCLG (as was) Planning Update Newsletter 21 December 2017 and Chief Planner, Steve Quartermain's letter of 30 January 2018.