MoreThanWaste.com - Planning and Compulsory Purchase Act 2004 in a nutshell (17/07/2004)

The first new Planning Act for more than a decade was a record-breaker taking over 18 months to negotiate its passage through the Palace of Westminster and required special dispensation to be carried over from one Parliamentary session to another.

The Bill was introduced in the House of Commons in December 2002. It was re-committed to Commons Committee to allow the inclusion of significant new material relating to the removal of crown immunity and compulsory purchase and carried over to the next session.

It finally received Royal Assent on 13 May 2004.

The Act came into force via a commencement order two months after Royal Assent.

Regulations implementing the parts of the Act reforming development plans came into force shortly afterwards and the remaining sections of the Act were to be progressively implemented.

The legislation is designed to:

pave the way for a more flexible and responsive planning system for England and Wales.
increase the effectiveness and quality of community involvement at regional and local level and enables the provision of financial assistance to Planning Aid;
improve the development control process by introducing powers for standard application forms and new provisions which change the duration of planning permissions and consents as well as allowing local planning authorities (LPAs) to bring in local permitted development rights via so-called local development orders.;
speed up the handling of major infrastructure projects (i.e. airports, power stations, major new energy transmission networks) by allowing the different elements of inquiries to be heard concurrently rather than consecutively;
remove the crowns immunity from planning processes;
make the compulsory purchase regime simpler, fairer and quicker to support policies on investment in major infrastructure and on regeneration.

A new-look development plan system

Parts 1 and 2 of the Act contain the measures which change the face of development plan-making in England, in the process consigning old-style structure plans to history.

Moving to the new plan-making regime was a major challenge for local Planning Authorities and professional planners.

The legislation had the following main elements:

Each region covered by a regional spatial strategy (RSS).
Then existing regional planning guidance (RPG) became the relevant RSS where appropriate.
Regional Planning Bodies (RPBs, which may be elected regional assemblies) must keep the RSS under review and monitor its implementation.
The RPB to take advice from county councils and other bodies with strategic planning expertise about preparing draft revisions of RSS as well as their monitoring and implementation.
The RPB must prepare a draft revision of the RSS when necessary or expedient or when proscribed.
Housing allocations will be settled at this strategic level (as well as in sub-regional plans where these are felt to be appropriate).
The public to be involved in the preparation of the RSS.

Below the RSS level there is a new-look local plan regime, though this is not applicable in the case of Wales.

LPAs are preparing local development documents (LDDs) which effectively replace local plans, unitary development plans and structure plans.

LPAs must prepare and maintain a local development scheme. County councils have to prepare and maintain a minerals and waste development scheme.

These schemes set out what LDDs the LPA will prepare, along with their timetable and whether they are to be prepared jointly with one or more other authorities.

County Councils lost there duty to prepare structure plans though they will be participate in the preparation of LDDs concerning matters other than minerals or waste by becoming part of a joint committee with one or more LPA.

LDDs must be in general conformity with the RSS (or in the London the spatial development strategy for London).

Part 2 of the Act makes general provision for the preparation, withdrawal, adoption and approval of LDDs and the examination of development plan documents.

The planning inspectors decision after such public examinations will be binding. This compares to the old legislation where inspectors reports were only recommendations.

Part 3 of the Act updates the definition of the development plan to take account of the changes to the planning system made by the Act, including the new formal requirement in the legislation that plan-makers have a duty to exercise their functions with a view to contributing to the achievement of sustainable development.

Development Control

Part 4 of the Act introduces a series of development control measures. LPAs can introduce local permitted development rights by way of local development orders.

The Secretary of State (SoS) is able to make development orders and regulations prescribing the procedures for making applications for permission and certain consents.

The SoS will have powers to prescribe fees and charges and set timetables for "call-ins" and recovered appeals.

This section also allows LPAs to decline to determine applications. The duration of planning permissions and consents is also covered here.

In addition, this part of the Act details changes in the way major infrastructure schemes are handled and allows the SoS to direct that a particular project is referred to him rather than dealt with by the LPA.

This section is also where new powers in respect of mezzanine floors, temporary stop notices as well as the possibility of replacing the s106 regime with a form of planning tariff, are found.

Part 4 also makes new provisions for simplified planning zones (SPZs).

Part 5 of the Act allows the SoS or planning inspectors to correct errors contained in decision letters or where a decision document is issued which contains a correctable error.

These provisions are subject to various conditions.

Reform of the Welsh development plan system

Part 6 of the Act reforms the Welsh development plan system.

The basic pattern of the former planning regime was retained (cf to England) but the plans themselves were simpler, and more concise than the previous unitary development plans.

These local plans focus on objectives for the use and development of land and include general policies with scope for more detailed policies in key localities.

Plan making procedures were simplified and public participation increased. These local plans are required to have regard to the national spatial plan for Wales.

Crown Immunity

Part 7 ended Crown Immunity in the planning system and makes special provision in relation to certain planning applications by or on behalf of the Crown and in respect of planning control in relation to the Crown in England, Wales and Scotland.

Compulsory Purchase

Part 8 contains a series of measures to reform the existing compulsory purchase regime and make it easier for LPAs, joint planning boards and National Park authorities to make a case for CPOs where it will be of economic, social or environmental benefit to the area.

This section also brings in amended procedures for carrying out CPOs, including a widening of the category of person with an interest in the land who can object.

This section also deals with ownership issues and compensation.

Part 9 of the Act deals with miscellaneous and general issues.

The measures in this Act had been tidied up and amended in a number of ways since the original Bill began life in the House of Lords. The main changes:

gave more influence to county councils, through changes to Clause 4, and the public through regional public participation statements;
retain outline planning permissions as the development industry were discontent at the potential end of that aspect of development control;
dropped a proposal for so-called Statements of Development Principles (SDP)
strengthened the sustainable development clause;
required the standard application form provisions to have access and design statements in appropriate circumstances;
introduced enabling provisions to deal with the vexed issue of mezzanine floors;
required reasons for substantive decisions;
amended the major infrastructure provisions to require an economic impact report;
allowed for temporary stop notices; and
provided for appeals on second applications.

Critics of these major changes in planning legislation, had suggested the legislation could made the planning system overly complicated and less democratic. Ministers denied this and insisted the legislation would mean a new system to 'make better plans and make better planning decisions more quickly'.

LEGAL NOTE

The Legislation Section and other areas of this web site, contain basic summary information and simple guidance attempting to represent complex legislation which is itself subject to change. It should be noted that this is not legal advice and on legal issues professional advice should be sought. Though we try to keep web-site information upto date, we should not be held liable for errors and omissions.


	Planning and Compulsory Purchase Act 2004 in a nutshell (17/07/2004) The first new Planning Act for more than a decade was a record-breaker taking over 18 months to negotiate its passage through the Palace of Westminster and required special dispensation to be carried over from one Parliamentary session to another. The Bill was introduced in the House of Commons in December 2002. It was re-committed to Commons Committee to allow the inclusion of significant new material relating to the removal of crown immunity and compulsory purchase and carried over to the next session. It finally received Royal Assent on 13 May 2004. The Act came into force via a commencement order two months after Royal Assent. Regulations implementing the parts of the Act reforming development plans came into force shortly afterwards and the remaining sections of the Act were to be progressively implemented. The legislation is designed to: pave the way for a more flexible and responsive planning system for England and Wales. increase the effectiveness and quality of community involvement at regional and local level and enables the provision of financial assistance to Planning Aid; improve the development control process by introducing powers for standard application forms and new provisions which change the duration of planning permissions and consents as well as allowing local planning authorities (LPAs) to bring in local permitted development rights via so-called local development orders.; speed up the handling of major infrastructure projects (i.e. airports, power stations, major new energy transmission networks) by allowing the different elements of inquiries to be heard concurrently rather than consecutively; remove the crowns immunity from planning processes; make the compulsory purchase regime simpler, fairer and quicker to support policies on investment in major infrastructure and on regeneration. A new-look development plan system Parts 1 and 2 of the Act contain the measures which change the face of development plan-making in England, in the process consigning old-style structure plans to history. Moving to the new plan-making regime was a major challenge for local Planning Authorities and professional planners. The legislation had the following main elements: Each region covered by a regional spatial strategy (RSS). Then existing regional planning guidance (RPG) became the relevant RSS where appropriate. Regional Planning Bodies (RPBs, which may be elected regional assemblies) must keep the RSS under review and monitor its implementation. The RPB to take advice from county councils and other bodies with strategic planning expertise about preparing draft revisions of RSS as well as their monitoring and implementation. The RPB must prepare a draft revision of the RSS when necessary or expedient or when proscribed. Housing allocations will be settled at this strategic level (as well as in sub-regional plans where these are felt to be appropriate). The public to be involved in the preparation of the RSS. Below the RSS level there is a new-look local plan regime, though this is not applicable in the case of Wales. LPAs are preparing local development documents (LDDs) which effectively replace local plans, unitary development plans and structure plans. LPAs must prepare and maintain a local development scheme. County councils have to prepare and maintain a minerals and waste development scheme. These schemes set out what LDDs the LPA will prepare, along with their timetable and whether they are to be prepared jointly with one or more other authorities. County Councils lost there duty to prepare structure plans though they will be participate in the preparation of LDDs concerning matters other than minerals or waste by becoming part of a joint committee with one or more LPA. LDDs must be in general conformity with the RSS (or in the London the spatial development strategy for London). Part 2 of the Act makes general provision for the preparation, withdrawal, adoption and approval of LDDs and the examination of development plan documents. The planning inspectors decision after such public examinations will be binding. This compares to the old legislation where inspectors reports were only recommendations. Part 3 of the Act updates the definition of the development plan to take account of the changes to the planning system made by the Act, including the new formal requirement in the legislation that plan-makers have a duty to exercise their functions with a view to contributing to the achievement of sustainable development. Development Control Part 4 of the Act introduces a series of development control measures. LPAs can introduce local permitted development rights by way of local development orders. The Secretary of State (SoS) is able to make development orders and regulations prescribing the procedures for making applications for permission and certain consents. The SoS will have powers to prescribe fees and charges and set timetables for "call-ins" and recovered appeals. This section also allows LPAs to decline to determine applications. The duration of planning permissions and consents is also covered here. In addition, this part of the Act details changes in the way major infrastructure schemes are handled and allows the SoS to direct that a particular project is referred to him rather than dealt with by the LPA. This section is also where new powers in respect of mezzanine floors, temporary stop notices as well as the possibility of replacing the s106 regime with a form of planning tariff, are found. Part 4 also makes new provisions for simplified planning zones (SPZs). Part 5 of the Act allows the SoS or planning inspectors to correct errors contained in decision letters or where a decision document is issued which contains a correctable error. These provisions are subject to various conditions. Reform of the Welsh development plan system Part 6 of the Act reforms the Welsh development plan system. The basic pattern of the former planning regime was retained (cf to England) but the plans themselves were simpler, and more concise than the previous unitary development plans. These local plans focus on objectives for the use and development of land and include general policies with scope for more detailed policies in key localities. Plan making procedures were simplified and public participation increased. These local plans are required to have regard to the national spatial plan for Wales. Crown Immunity Part 7 ended Crown Immunity in the planning system and makes special provision in relation to certain planning applications by or on behalf of the Crown and in respect of planning control in relation to the Crown in England, Wales and Scotland. Compulsory Purchase Part 8 contains a series of measures to reform the existing compulsory purchase regime and make it easier for LPAs, joint planning boards and National Park authorities to make a case for CPOs where it will be of economic, social or environmental benefit to the area. This section also brings in amended procedures for carrying out CPOs, including a widening of the category of person with an interest in the land who can object. This section also deals with ownership issues and compensation. Part 9 of the Act deals with miscellaneous and general issues. The measures in this Act had been tidied up and amended in a number of ways since the original Bill began life in the House of Lords. The main changes: gave more influence to county councils, through changes to Clause 4, and the public through regional public participation statements; retain outline planning permissions as the development industry were discontent at the potential end of that aspect of development control; dropped a proposal for so-called Statements of Development Principles (SDP) strengthened the sustainable development clause; required the standard application form provisions to have access and design statements in appropriate circumstances; introduced enabling provisions to deal with the vexed issue of mezzanine floors; required reasons for substantive decisions; amended the major infrastructure provisions to require an economic impact report; allowed for temporary stop notices; and provided for appeals on second applications. Critics of these major changes in planning legislation, had suggested the legislation could made the planning system overly complicated and less democratic. Ministers denied this and insisted the legislation would mean a new system to 'make better plans and make better planning decisions more quickly'. [The above information represents the situation circa July 2004. Source: Planning Portal - Crown copyright 2006] LEGAL NOTE The Legislation Section and other areas of this web site, contain basic summary information and simple guidance attempting to represent complex legislation which is itself subject to change. It should be noted that this is not legal advice and on legal issues professional advice should be sought. Though we try to keep web-site information upto date, we should not be held liable for errors and omissions.