Planning related provision of LURA

High level summary of provisions

When the provisions come into force

Part 3

Planning 

31 March 2024

31 March 2024

31st January 2024

section 106 (street votes): in so far as it confers a power to make regulations and so far as it relates to the provisions of Schedule 9 brought into force by paragraph (q);

section 107 (street votes: community infrastructure levy), so far as it confers a power to make regulations;

These provisions relate to Street Votes Development Orders  and are brought into force for the limited purpose of enabling regulations and development orders to be made.

31st January 2024

s.108 - empowers the Secretary of State to change the EIA regulations to allow for street votes

s.109 - relates to powers enabling ‘urgent crown development’ applications to be made directly to the Secretary of State in certain circumstances and sets out the procedures for doing so (the details need to be set out in secondary legislation of some kind).

Come into force at the end of the period of two months beginning with the day on which this Act is passed.

26 December 2023

31 March 2024

Sections 112, 113 and 114 (so far as conferring 
a power to make regulations).

s.112 - introduces the power to issue completion notices if a development is being built out ‘unreasonably slowly’ and sets out the procedure for doing so.

s.113 - introduces the power for LPAs to decline to determine applications in cases of earlier non-implementation or unreasonably slow build-out.

s.114 - introduces the power to impose conditions relating to development progress reports on specified residential planning permissions in England – detail to be set out in secondary legislation. 

Come into force at the end of the period of two months beginning with the day on which this Act is passed.

26 December 2023

section 115 (time limits for enforcement);

section 116 (duration of temporary stop notices);

section 117 (enforcement warning notices);

section 118 (restriction on appeals against enforcement notices);

section 119 (undue delays in appeals);

section 120 (penalties for non-compliance);

Section 115 amends section 171B(1) and (2) of the 1990 Act to extend the time period in which local planning authorities can take enforcement action against unauthorised development in England from 4 to 10 years.

Section 116 amends section 171E of the 1990 Act to allow local planning authorities in England to issue a temporary stop notice that has effect for up to 56 days, providing more time for a local authority to investigate a suspected breach of planning control. The section maintains the current time periods in Wales.

 Section 117 inserts a new section 172ZA into the 1990 Act and makes consequential amendments to sections 188 and 171A of that Act. Section 172ZA creates a new power for a local planning authority in England to issue an enforcement warning notice asking the person concerned to submit a retrospective planning application within a specified period.

 Section 118 amends section 174 of the 1990 Act to reduce the ability for a person to lodge an appeal against an enforcement notice issued in England on ground “(a)” - that planning permission ought to be granted or that the condition or limitation imposed on the grant of permission ought to be discharged.

 Section 119 gives the Secretary of State a new power to dismiss an appeal in relation to an enforcement notice or an appeal relating to a lawful development certificate in England, where it appears that the appellant is causing undue delay to the appeals process.

Section 120 amends sections 187A and 216 of the 1990 Act in relation to England to increase the maximum level of fines for failure to comply with a breach of condition notice and for failure to comply with a section 215 notice (maintenance of land).

Transitional provision: time limits for enforcement
The amendments made by section 115 (time limits for enforcement) do not apply where—

(a) in respect of a breach of planning control referred to in section 171B(1) of the 1990 Act (5) (time limits), the operations were substantially completed, or
(b)in respect of a breach of planning control referred to in section 171B(2) of the 1990 Act (time limits), the breach occurred,
before the day on which that section comes into force.

Transitional provision: duration of temporary stop notices
The amendments made by section 116 (duration of temporary stop notices) do not apply where—

(a)a temporary stop notice has been issued under section 171E of the 1990 Act(6), and
(b)the temporary stop notice has not been withdrawn under section 171E(7)(c) of that Act,
before the day on which that section comes into force.

Transitional provision: enforcement notices
The amendments made by section 118  (restriction on appeals against enforcement notices) do not apply where—

(a)an enforcement notice has been issued under section 172 of the 1990 Act(7) (issue of enforcement notice), and
(b)the enforcement notice has not been withdrawn under section 173A of that Act(8) (variation and withdrawal of enforcement notices),
before the day on which that section comes into force.

Transitional provisions: undue delays in appeals

The amendments made by section 119  (undue delays in appeals) do not apply where—

(a)an enforcement notice has been issued under section 172 of the 1990 Act (issue of enforcement notice),
(b)the enforcement notice has not been withdrawn under section 173A of the 1990 Act (variation and withdrawal of enforcement notices), and
(c)an appeal under section 174 of the 1990 Act(9) (appeal against enforcement notice) has been made against that notice,
before the day on which that section comes into force.

(2 ) The amendments made  by section 119 (undue delays in appeals) do not apply where—

(a)an application has been made to a local planning authority and determined or not determined (as the case may be) under either section 191 of the 1990 Act(10) (certificate of lawfulness of existing use or development) or section 192 of the 1990 Act (certificate of lawfulness of proposed use or development), and
(b)an appeal under either subsection (1)(a) or (1)(b) of section 195 of that Act (appeals against refusal or failure to give decision on application) has been made against that refusal or failure to give a decision,
before the day on which that section comes into force.

Transitional provision: penalties for non-compliance
The amendments made by section 120  (penalties for non-compliance) apply only in relation to offences committed after the section has come into force.

31st January 2024

s. 121 - Grants the Secretary of State the power to provide relief from enforcement of planning conditions in certain circumstances – the detail is to be set out by way of secondary legislation.

s.126 - Ability to introduce fees for certain services in relation to nationally significant infrastructure projects.

s.127 - Power to shorten deadline for examination of development consent order applications.

s.128 - Introduces additional powers in relation to non-material changes to development consent orders.

come into force at the end of the period of two months beginning with the day on which this Act is passed.

26 December 2023

31st January 2024

Sections 130 to 133 and 136.

s.130 – Introduces a wide-ranging power to make regulations and orders under the Planning Acts.

s.131 – Introduces a power for appointees to vary determinations as to procedure.

s.132 – Enables the pre-consolidation amendment of planning, development and compulsory purchase legislation.

s.133 – Provisions enabling the participation in certain proceedings conducted by, or on behalf of, the Secretary of State (i.e. PINS proceedings) via remote means.

s.136 - A requirement that the Secretary of State vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland before the end of the period of three months beginning with the day on which this Act is passed.

Come into force at the end of the period of two months beginning with the day on which this Act is passed.

26 December 2023

12th February 2024.

Literally everything else in Part 3 – including the changes to Local Plan making. 

Part 4

Provisions to introduce the Infrastructure Levy and change the Community Infrastructure Levy.

Changes the prison terms permitted for CIL enforcement offences to the following: 

"Regulations under this section creating a criminal offence may not provide for— (a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only, 

(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or 

(c) imprisonment for a term exceeding 2 years, on conviction on indictment. 

(12) In subsection (11)(a), “the maximum term for summary offences” means— (a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months; (b) in relation to an offence committed after that time, 51 weeks

31st January 2024

Part 5

Provisions relating to Community Land Auction Pilots.

Part 6

(including Schedule 13 so far as it relates to Part 6)

Provisions relating to Environmental Outcome Reports. 

comes into force at the end of the period of two months beginning with the day on which this Act is passed.

26 December 2023

Part 7

Provisions relating to Nutrient Pollution Standards.

comes into force at the end of the period of two months beginning with the day on which this Act is passed.

26 December 2023

Part 9

Changes to Compulsory Purchase.

31st January 2024

section 181 (online publicity), so far as it confers a power to make regulations;

Section 181  amends those parts of  the Acquisition of Land Act 1981, which set out the publicity requirements for certain documents and notices issued as part of the compulsory purchase order (“CPO”) process. 

Section 181 introduces requirements to publish documents and notices online. Section 11 includes a power to prescribe the form of notice to be published online by regulations.

31st January 2024

30 April 2024

section 182 amends sections 13A, 13B, 13C and 14D of the Acquisition of Land Act 1981 (c. 67) (“the 1981 Act”) which set out the procedure a confirming authority must follow when considering objections to a compulsory purchase order (“CPO”). The amendments made by section 182 give the confirming authority greater discretion to use the appropriate procedure while still giving any remaining objector who wishes to be heard in person by the confirming authority the right to do so.

 section 183 inserts a new section 13BA into the 1981 Act, makes consequential amendments to section 15 of that Act, and makes consequential amendments to a number of other Acts through Schedule 18. The amendments made by section 183 give confirming authorities the power to confirm a CPO conditionally.

31 March 2024

section 184 (corresponding provision for purchases by Ministers), so far as it relates to the provisions of para 1 of schedule Schedule 19  (see below) 

paragraph 1 (online publicity) of Schedule 19 (compulsory purchase: corresponding provision for purchases by Ministers), so far as it confers a power to make regulations.

These provisions bring into force paragraph 1 of Schedule 19 to the Act for the purpose of making regulations. 

Paragraph 1 of Schedule 19 to the Act inserts paragraph 3A and amends paragraphs 2, 3 and 6 of Schedule 1 to the Acquisition of Land Act 1981, which sets out the publicity requirements for certain documents and notices issued as part of the CPO process when CPO powers are used by Ministers. Paragraph 1 of Schedule 19 introduces requirements to publish documents and notices online. Paragraph 1(3)(a)(ii) of Schedule 19 amends paragraph 2(1) of Schedule 1 to the Acquisition of Land Act 1981 such that the Minister acquiring the land must “publish a notice [of the draft compulsory purchase order] in the prescribed form on an appropriate website”. Section 7(2) of the Acquisition of Land Act 1981 provides that “[a]nything which … is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument”. When read together, those two provisions empower the Secretary of State to prescribe the form the Minister must use when notifying the draft compulsory purchase order on an appropriate website

31st January 2024

31 March 2024

 section 184 (corresponding provision for purchase by Ministers), so far as it relates to the provisions of Schedule 19 brought into force by paragraph ©

 paragraph 1 (online publicity) of Schedule 19 (compulsory purchase: corresponding provision for purchase by Ministers), in relation to England, so far as not already in force.

30 April 2024

section 185 (time limits for implementation);
 

section 186 (agreement to vary vesting date);
 

section 187 (common standards for compulsory purchase data);
 

section 188 (‘no-scheme’ principle: minor amendments);

Section 185   inserts new section 13D into the Acquisition of Land Act 1981, giving confirming authorities the power to extend the time limit for implementation of a compulsory purchase order. It amends sections 4 and 4A of the Compulsory Purchase Act 1965 and sections 5A and 5B of the Compulsory Purchase (Vesting Declarations) Act 1981, which set out the current statutory time limits within which compulsory purchase powers under a CPO must be implemented after it has been confirmed and makes consequential amendments to section 582 of the Housing Act 1985.

Section 186  inserts a new section 8A into the Compulsory Purchase (Vesting Declarations) Act 1981 to allow for the landowner and acquiring authority to agree to vary the date on which an interest in land being compulsorily acquired will vest in the acquiring authority.

Section 187 empowers the Secretary of State to make regulations to set data standards in relation to certain CPO information.

 Section 188  amends sections 6D and 6E of the Land Compensation Act 1961 which define the ‘scheme’ for the purpose of assessing compensation. These sections provide that where land is acquired for regeneration or redevelopment which is facilitated or made possible by a relevant transport project, the ‘scheme’ includes the relevant transport project. The amendments ensure that the definition of ‘scheme’ includes any re-development, regeneration and improvement that form part of the ‘scheme’.

31st January 2024

30th April 2024

31 March 2024

31st January 2025

Sub-regulations (1), (3), (4), (5) and (6) relating to sections 185, 189 and 190 ensure the amendments do not affect CPOs that have crystallised in the public domain before the relevant sections come into force to avoid changing the law applicable to those CPOs mid-process. 

Sub-regulation (2) relating to section 186 ensures the amendments do not apply to general vesting declarations executed before the relevant sections come into force to avoid changing the law applicable to those general vesting declarations mid-process.

Part 10

Provisions relating to High Street Rental Auctions 

Section 203 (rental auctions), so far as it confers a power to make regulations.

Section 205 (terms of contract for tenancy), so far as it confers a power to make regulations;

Section 206 (terms of tenancy), so far as it confers a power to make regulations;

Section 214 (further provision about letting notices), so far as it confers a power to make regulations;

Section 215 (other formalities);

section 203, subsections (3) and (5) give the Secretary of State the power to make regulations which provide for the process for the rental auction and how the ‘successful bidder’ at auction will be identified. Subsection (4) requires provision in the regulations for the local authority to specify the suitable high street use ahead of the auction. Subsections (6) to (8) set out matters which the Secretary of State may provide for in the regulations in connection with the rental auction.

Section 205  subsection (6) gives the Secretary of State the power through regulations to make further provision about the terms of the tenancy contract and, in making the regulations, subsection (7) requires the Secretary of State to have regard to the terms on which contracts for the grant of short-term tenancies are typically entered into on a commercial basis.

Section 206 subsection (7) gives the Secretary of State the power through regulations to make further provision about the terms of the tenancy and, in making the regulations, subsection (8) requires the Secretary of State to have regard to the terms on which short-term tenancies are typically granted on a commercial basis.

Section 214 makes further provision about letting notices.

Section 215  gives the Secretary of State the power to make regulations in relation to the manner of or procedure to be followed in connection with a number of matters in Part 10 of 

31 March 2024