LURA Returns: Crown Development, CIL and National Parks in the High Court
In a break from our recent coverage of the Planning & Infrastructure Bill, this post considers recent developments in LURA-Land. And there are a few of them*
In the last few days, we have seen:
- The making of The Levelling-up and Regeneration Act 2023 (Commencement No. 7) Regulations 2025 which comes into effect on May 1st;
- The making of The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 which also take effect on May 1st; and
- The first High Court case to consider the newly “enhanced" duty on LPAs imposed by section 11A(1A) of the National Parks and Access to the Countryside Act 1949, to “seek to further” the objectives of a National Park when determining planning applications.
Let's have a look at each of them in turn.
Crown Development Fast Track
The Levelling-up and Regeneration Act 2023 (Commencement No. 7) Regulations 2025 brings s.109 and Schedule 10 of LURA into effect.
These provisions introduce two new routes for obtaining planning permission for Crown Development in England into the TCPA 1990:
- The “Urgent Crown Development” route (s.293B and 293C of the TCPA 1990) applies to development is considered to be of national importance which needs to be carried out as a matter of urgency.
- The “Crown Development” route (s.293D to s.293J TCPA 1990) applies to applications where development is considered to be of national importance but is not considered to be urgent.
At a very headline level, these routes allow government departments, the Crown Estate, the Duchy of Cornwall and some other bodies with a crown interest to make applications for planning permission directly to the Secretary of State in certain circumstances - effectively bypassing the local planning authority.
The key test for whether the route is available is whether the development is of national importance - a question which the Secretary of State is expected to decide.
A decision made by the Secretary of State under these provisions is final. The only route to challenge or appeal the decision is a statutory appeal under s.288 TCPA 1990.
The clauses come into force on 1 May 2025 - at which point, it will be theoretically possible for these routes to be used.
It will be interesting to see what the first Crown Development application turns out to be!
CIL Changes - Crown Development WILL be CIL Liable.
May 1st is also the day that The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 come into force.
I have written about these before, so I won't go into the detail, but at a very high level, the regulations allow CIL to be applied to
- Permissions for “Crown Development” and “Urgent Crown Development” granted by the Secretary of State under the new routes created by LURA (see above); and
- Permissions granted by the Secretary of State under s.62A TCPA 1990 (which is the power that allows applicants to bypass LPAs designated as failing and apply directly to the Secretary of State for consent instead).
Which means that, if nothing else, there is every chance that the first application for Crown Development could be CIL Liable - particularly if it relates to residential accommodation.
National Park's in the High Court
And finally, in New Forest National Park Authority v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 726 (Admin) we see some of the first LURA provisions being considered by the Courts.
The case considers the scope of the new duty imposed on local planning authorities, by LURA, to "seek to further” the objectives of a National Park when determining planning applications that are likely to impact one.
The case came before Mr Justice Mould in December last year and centred on an application for a two-storey rear extension of a house in the New Forest National Park. The application was approved at appeal in April 2024 and challenged on two grounds:
- Ground 1 - The inspector misdirected himself on policy DP36 of the New Forest National Park Local Plan 2016-2036
- Ground 2 - The inspector failed to discharge the enhanced duty now imposed by virtue of section 11A(1A) of the National Parks and Access to the Countryside Act 1949.
The second ground is the interesting one - as it is the first time that this version of the s.11A duty has been considered by the courts.
I recommend reading the analysis in paragraphs 51 to 97 of the Judgment in full - it is worth it - but if you don't have time then maybe just focus on the following few paragraphs:
“66. In my view, the court will follow essentially the same approach when asked to review whether a local planning authority, or on a planning appeal, an inspector has properly discharged the duty under section 11A(1A) of the 1949 Act in granting an application for planning permission in relation to land in a National Park. The court will review whether the decision maker has properly addressed the question whether the proposed development is consistent with the section 5(1) purposes, or would conflict with and undermine those purposes. In a case where the decision maker has found the proposed development would conflict with or undermine the section 5(1) purposes, the court will review the justification given by the decision maker for concluding that planning permission can be granted, including any relevant conditions imposed and planning obligations taken, in order to judge whether the decision properly seeks to further the conservation and enhancement of the natural beauty, wildlife and cultural heritage of the National Park; and to promote opportunities for the public’s understanding and enjoyment of its special qualities.”
"85. I note that section 11A(2A) of the 1949 Act empowers the Secretary of State to make regulations which make provision about how a relevant authority is to comply with the strengthened duty. When made, such regulations may shed light on the matters I have addressed in the foregoing paragraphs.
86. As things now stand, in my judgment, when determining an application for planning permission in relation to land within the area of a National Park, it is necessary for the decision maker to consider whether the proposed development will leave unharmed the natural beauty, wildlife and cultural heritage of the National Park in its existing state. If the decision maker is satisfied that the proposed development will leave the natural
beauty, wildlife and cultural heritage of the National Park unharmed, he or she may grant planning permission on the basis that he or she has thereby discharged the duty under section 11A(1A) of the 1949 Act to seek to further the statutory purpose under section 5(1)(a) of that Act. In such a case, the decision maker will have properly sought to further the statutory purpose of conserving and enhancing the natural beauty, wildlife and cultural heritage of the National Park, by satisfying themselves that to grant planning permission for the proposed development will leave the specified characteristics of the National Park unharmed.
87. The same analysis applies in relation to the second statutory purpose under section 5(1)(b) of the 1949 Act. Provided that the decision maker is satisfied that the proposed development will, if permitted, not diminish the opportunities for the understanding and enjoyment of the special qualities of the National Park by the public, he or she will have discharged the duty under section 11A(1A) of the 1949 Act."
And Finally….
Of course, I couldn't finish this blog without the traditional updated commencement table! Enjoy!
Updated LURA Commencement Table - 3 April 2025
Planning related provision of LURA | High level summary of provisions
| When the provisions come into force |
Part 3 | Planning | |
| sections 84 to 86 (provisions relating to the processing, provision and publication of planning data) | Section 84 - empowers an appropriate authority to require planning authorities to process planning data in accordance with approved data standards. Section 85 - allows planning authorities, by published notice, to require a person to provide them with planning data that complies with an approved data standard that is applicable to that data. Section 86 - gives appropriate authorities the power to make regulations to ensure that standardised data provided to or processed by planning authorities will be made available to the public under an approved open licence. | 31 March 2024 |
| sections 89 to section 91 | Section 89 provides that the Secretary of State must consult or obtain the consent of the relevant devolved administration where planning data regulations contain provision within devolved competence. Section 90 brings into force Schedule 13 to the Act so far as it relates to Chapter 1 of Part 3 of the Act. Schedule 13 to the Act contains provisions about the restrictions on devolved authorities when making regulations under Chapter 1 of Part 3 of the Act. Section 91 provides definitions of key terms that are used throughout Chapter 1 of Part 3 of the Act. | 31 March 2024 |
| section 94 (national development management policies: meaning); | section 94 - inserts a new s.38ZA into the PCPA 2004 that defines National Development Management Policies and gives the Secretary of State the power to introduce, revoke, modify or otherwise alter them subject to such consultation as the Secretary of State deems appropriate | 31st January 2024 |
| section 103 (temporary stop notices in relation to listed buildings) | Section 103 amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”), enabling a local planning authority which suspects unauthorised works were carried out on a listed building, to issue a temporary stop notice requiring the works to stop for up to 56 days, to allow the local authority to investigate the suspected breach and establish the facts of the case. The section also creates an offence for contravention of such a notice. | 25 April 2024 |
| Section 105 (removal of compensation for building preservation notice) | Section 105 amends section 3 of the Listed Buildings Act to require a local planning authority to consult with Historic Buildings and Monuments Commission for England before serving a building preservation notice. Section 105 also amends section 29 of the Listed Buildings Act to remove the right to claim compensation for building preservation notices in England. | 25 July 2024 |
| sections 106 and 107 | 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 |
| Sections 108 and 109 (so far as it confers a power to make regulations or to make a development order). | 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. | 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 109 (Crown Development) and Schedule 10 (Crown development: consequential amendments) | Section 109 of the Act inserts new sections 293B to 293J into the Town and Country Planning Act 1990 (“the TCPA”) to provide two new routes for applications for planning permission for Crown development in England. Sections 293B and 293C provide a route for such applications where the development is considered to be of national importance and where there is also considered to be a need for the development to be carried out as a matter of urgency. Sections 293D to 293J provide a route for such applications where development is considered to be of national importance but is not considered to be urgent. Schedule 10 of the Act makes consequential amendments to the TCPA to reflect the two new routes for applications for planning permission. | 1 May 2025 |
| Section 111 (commencement notices) | s.111 inserts a new section 93G into the Town and Country Planning Act 1990 and amends sections 56 and 69 of that Act. Section 93G imposes a duty on the person intending to carry out a development to serve a commencement notice before any development has begun on the site. | 31 March 2024 |
Sections 112, 113 and 114 (so far as conferring
| 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
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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). | 25 April 2024 - but note transitional provisions for s.115, s.116, s.118, s.119 and s.120. |
| TRANSITIONAL PROVISIONS FOR s.115, s.116, s.118, s.119 and s.120. | Transitional provision: time limits for enforcement (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 Transitional provision: duration of temporary stop notices (a)a temporary stop notice has been issued under section 171E of the 1990 Act(6), and Transitional provision: enforcement notices (a)an enforcement notice has been issued under section 172 of the 1990 Act(7) (issue of enforcement notice), and 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), (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 Transitional provision: penalties for non-compliance | |
| section 122 (consultation before applying for planning permission) | Section 122 amends section 122 of the Localism Act 2011 to make permanent the powers to make provision for pre-application consultation in sections 61W to 61Y of the 1990 Act. | 25 April 2024 |
| section 123 (duty in relation to self-build and custom housebuilding) | Section 123 amends section 2A of the Self-build and Custom Housebuilding Act 2015 to ensure that only land permissioned explicitly for self-build and custom housebuilding will qualify towards a relevant authority’s statutory duty to meet demand for self-build and custom housebuilding in the authority’s area. | 31st January 2024 |
| section 124 (powers as to form and content of planning applications). | Section 124 inserts a new section 327ZA into the 1990 Act to enable the Secretary of State to make provision to require or allow planning applications to be made and associated documents to be provided by electronic means or in accordance with particular standards in respect of those electronic means. | 25 April 2024 |
| Sections 121, 126 to 128. | 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 |
| section 129 (hazardous substances consent: connected applications to the Secretary of State); | Section 129 of the Act amends section 62A of the Town and Country Planning Act 1990 to enable applicants to submit applications for hazardous substance consent under the Planning (Hazardous Substances) Act 1990 directly to the Secretary of State when connected with a relevant application submitted under section 62A. | 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 |
| Section 135 (biodiversity net gain: pre-development biodiversity value and habitat enhancement) | Section 135 amends Schedule 7A to the Town and Country Planning Act 1990 to make provision about the valuation of the pre-development biodiversity value of an onsite habitat and of the enhancement of the biodiversity of a habitat. Schedule 7A to the Town and Country Planning Act 1990 is inserted by Schedule 14 to the Environment Act 2021, which comes into force at the same time as these provisions. | 12th February 2024. |
| all other provisions in Part 3. | Literally everything else in Part 3 – including the changes to Local Plan making.
| come into force on such day as the Secretary of State may by regulations appoint. |
Part 4 | Provisions to introduce the Infrastructure Levy and change the Community Infrastructure Levy. | come into force on such day as the Secretary of State may by regulations appoint. |
| Section 140 | 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. | come into force on such day as the Secretary of State may by regulations appoint. |
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
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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
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Part 9 | Changes to Compulsory Purchase. | |
| section 180 (acquisition by local authorities for purpose of regeneration); | Section 180 of the Act amends section 226 of the Town and Country Planning Act 1990 to ensure local authorities are empowered to compulsorily purchase land for regeneration purposes. | 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 |
| section 181 (in so far as not already in force) in relation to England | Section 181 amends sections 7, 11, 12, 15 and 22 and paragraph 9 of Schedule 3 to the 1981 Act, which set out the publicity requirements for certain documents and notices issued as part of the CPO process. Section 181 introduces requirements to publish documents and notices online. | 30 April 2024 |
| section 182 (confirmation proceedings), so far as it confers a power to make regulations; (section 183 (conditional confirmation), so far as it confers a power to make regulations; | 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 |
| section 184 (corresponding provision for purchase by Ministers), so far as it relates to the provisions of Schedule 19 brought into force by paragraph (t); | These provisions bring into force paragraphs 2 and 3 of Schedule 19 to the Act for the purpose of making regulations. Paragraph 2 of Schedule 19 to the Act amends paragraphs 4A and 4B of Schedule 1 to the 1981 Act which set out the procedure a Minister must follow when considering objections to a CPO. The amendments made by paragraph 2 of Schedule 19 to the Act give the Minister greater discretion to use the appropriate procedure while still giving any remaining objector who wishes to be heard in person by the Minster the right to do so. Paragraph 3 of Schedule 19 to the Act inserts paragraph 4AA and makes consequential amendments to paragraph 6 of Schedule 1 to the 1981 Act. The amendments made by paragraph 3 of Schedule 19 give the Minister the power to confirm a CPO conditionally. | 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. | these provisions bring into force the remainder of paragraph 1 of Schedule 19 to the Act in relation to England. Paragraph 1 of Schedule 19 to the Act inserts paragraph 3A and amends paragraphs 2, 3 and 6 of Schedule 1 to the 1981 Act, which set 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. | 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 |
| Section 190 of the Act (power to require prospects of planning permission to be ignored) | Section 190 amends various provisions of the Acquisition of Land Act 1981, the Land Compensation Act 1961, the New Towns Act 1981, the Welsh Development Agency Act 1975, which deal with the assessment of compensation and makes consequential amendments to the Town and Country Planning Act 1990. The amendments allow confirming authorities, in relation to certain public sector acquiring authorities exercising certain CPO powers, to direct that the value associated with the following matters are not payable, provided doing so is in the public interest: (a) the prospect of the grant of a planning permission; and (b) compensation for the loss of the potential of development for which there was a reasonable expectation that planning permission would have been granted in the absence of the CPO. | 30th April 2024 |
| Section 190 of the Act - for Wales (power to require prospects of planning permission to be ignored) | Section 190 amends various provisions of the 1981 Act, the Land Compensation Act 1961 (c. 33), the New Towns Act 1981 (c.64) and the Welsh Development Agency Act 1975 (c. 70) which deal with the assessment of compensation, and makes consequential amendments to the Town and Country Planning Act 1990. The amendments allow confirming authorities, in relation to certain public sector acquiring authorities exercising certain CPO powers, to direct that the value associated with the following matters are not payable, provided doing so is in the public interest: (a) the prospect of the grant of planning permission; and (b) compensation for the loss of the potential of development for which there was a reasonable expectation that planning permission would have been granted in the absence of the CPO. | 31 March 2024 |
| Section 189 (prospects of planning permission for alternative development) | Section of 189 amends sections 14, 17, 18, 19, 20 and 22 of the Land Compensation Act 1961 which relate to taking account of actual or prospective planning permission and the certification of ‘appropriate alternative development’. The amendments make various changes including to when prospective planning permission is to be treated as certain, what certificates of appropriate alternative development should contain, to clarify when the relevant planning date falls, whether account should be taken of the expenses incurred in the issue of a certificate, and corresponding amendments to the process of appeals to the Upper Tribunal against certificates. | 31st January 2025 |
| CPO TRANSITIONAL PROVISIONS | 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 |
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Section 191 (designated high streets and town centres) to 202 (appeals); Section 203 (rental auctions), so far as not already in force; Section 204 (power to contract for tenancy); Sections 205 (terms of contract for tenancy) and 206 (terms of tenancy), so far as not already in force; Sections 207 (power to grant tenancy in default) to 213 (power to extend time limits); Section 214 (further provision about letting notices), so far as not already in force; Sections 216 (compensation) to 218 (interpretation of Part 10); Schedules 20 (grounds of appeal against final letting notice) and 21 (provision to be included in terms of tenancy further to contract under section 204). | Sections 191 to 194 set out the key terms used in Part 10 Sections 195 to 202 deal with the procedure preliminary to letting, and sections 203 to 209 deal with the procedure for letting. Sections 210 to 213 set out the powers of local authorities to obtain information, and sections 214 and 216 to 218 provide for general and supplementary matters. Schedule 20 sets out the grounds upon which a landlord may appeal against a final letting notice to the county court, and Schedule 21 sets out the provisions which need to be included in the terms of a tenancy further to an agreement under section 204 | 2 December 2024 |
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 the Act | 31 March 2024 |
*well…. Three, at least.
As things now stand, in my judgment, when determining an application for planning permission in relation to land within the area of a National Park, it is necessary for the decision maker to consider whether the proposed development will leave unharmed the natural beauty, wildlife and cultural heritage of the National Park in its existing state. If the decision maker is satisfied that the proposed development will leave the natural beauty, wildlife and cultural heritage of the National Park unharmed, he or she may grant planning permission on the basis that he or she has thereby discharged the duty under section 11A(1A) of the 1949 Act to seek to further the statutory purpose under section 5(1)(a) of that Act.”
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