Updates

The Levelling-up and Regeneration Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024

  • Legal

Jurisdiction: United Kingdom

Commencement: Various dates, as listed below.

Amends: Levelling-up and Regeneration Act 2023 (c.55)

Mini Summary

The Levelling-up and Regeneration Act 2023 (c.55) establishes a number of frameworks within this Act that will allow the streamlining of the planning system and encourage the construction of new homes in the United Kingdom. Subsequent legislation will be published under this Act to achieve these objectives.

Levelling-up missions

A framework is established for the UK Government to introduce levelling-up missions. These are set objectives that the Government intends to pursue in order to significantly reduce geographical disparities in the UK. The framework enables the government to set, revise, review, report and fund levelling-up missions.

Planning data

A framework is established to allow the Secretary of State and the devolved authorities to introduce future regulations requiring relevant planning authorities to comply with approved data standards* when processing planning data** as outlined in Chapter 1.

*Approved data standards are written standards as published by the Secretary of State or a devolved authority.

**Planning data is any information provided to or processed by a relevant planning authority for the purposes of planning or development in England.

Environmental outcomes reports
A framework is established under Part 6 to allow the Secretary of State and the devolved authorities to introduce regulations on environmental outcomes reports* (“EOC Regulations”). The EOC Regulations, when published, are expected to require an environmental outcomes report to be prepared for proposed relevant consents or plans. N.B. Definition of relevant consents or plan will be defined in the EOC Regulations when they are published.

*An environmental outcomes report is a written report which will assess:

  • how the proposed consents or plan would impact on the delivery of certain environmental outcomes;
  • all proposals on how the plan or consents may impact the delivery of a specified environmental outcome; and
  • proposed mitigation or compensation.

Duties

This Act does not currently define duties for organisations. Duties will be introduced through subsequent legislation.

 

Amendment

The following parts of the Act come into force on 31st January 2024:

  • section 78 (capital finance risk management);
  • section 81 (alteration of street names: England);
  • section 94 (national development management policies: meaning);
  • section 106, paragraph (q) (street votes);
  • section 107 (street votes: community infrastructure levy);
  • section 123 (duty in relation to self-build and custom housebuilding);
  • section 129 (hazardous substances consent: connected applications to the Secretary of State);
  • section 140 (enforcement of community infrastructure levy);
  • section 180 (acquisition by local authorities for purpose of regeneration);
  • section 181 (online publicity), so far as it confers a power to make regulations;
  • section 184, paragraph (r) (corresponding provision for purchases by Ministers);
  • 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);
  • Schedule 5 (alteration of street names: consequential amendments);
  • Schedule 9, paragraph 1, sub-paragraphs (6) to (10) (street votes; minor and consequential amendments); and
  • Schedule 19, paragraph 1 (compulsory purchase: corresponding provision for purchases by Ministers).

Section 135 relating to biodiversity net gain comes into force on 12th February 2024.

Section 190 relating to the power to require prospects of planning permission being ignored in England comes into force on 30th April 2024.

Section 189 relating to prospects of planning permission for alternative development comes into force on 31st January 2025.

There are no changes to duties for organisations.

Link to full government text

 

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