Statutory Instruments

SI 2017 No. 392¹

1. http://www.legislation.gov.uk/uksi/2017/392/contents/made

These Regulations amend the Town and Country Planning (Compensation) (England) Regulations 2015 (“the 2015 Regulations”) to add a new class of development to the list of permitted development rights for which compensation on withdrawal of the right is limited in various ways provided in the 2015 Regulations. The new right – Class CA – permits temporary school buildings to be provided on vacant commercial land, and has been inserted into Part 4 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (“the 2015 Order) by amendments set out in the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2017.

The practical effect of these Regulations is that if a local planning authority withdraws the new permitted development rights by issuing a direction under article 4 of the 2015 Order, compensation is only payable in respect of planning applications made within 12 months beginning on the date the direction took effect. The Regulations also allow local planning authorities to avoid compensation liability on withdrawal of the new permitted development rights by publicising their intention to make an article 4 direction at least one year, and not more than two years, ahead of the article 4 direction taking effect. 

Explanatory memorandum¹

1. http://www.legislation.gov.uk/uksi/2017/392/memorandum/contents