Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Jurisdiction: England
Commencement: 27th July 2023
Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (General Permitted Development) (England) Order 2015 revokes and consolidates the Town and Country Planning (General Permitted Development) Order 1995 and all 22 subsequent amendments in relation to England only. This list of revoked statutory instruments can be found in Schedule 4.
The Order makes a number of changes to permitted development rights in England from the 1995 Order. It grants planning permission for a range of predominantly minor developments, subject to certain limitations and conditions. This permission is commonly known as ‘permitted development rights’. No application needs to be made to the local planning authority to obtain planning permission.
The procedure where a local planning authority may remove specified national permitted development rights in part of its area is set out in Article 4 and Schedule 3.
The Town and Country Planning (General Permitted Development) Order 1995 still stands for Wales.
Various duties apply.
Temporary use of land
Due to renewed demand for domestic holiday making and to support the local tourism industry, as well as support film and television production growth, changes are made to planning permissions for the temporary use of land.
A new permitted development right is added that allows the temporary use of land as a recreational campsite for up to 60 days per calendar year. The right is subject to limitations and conditions that can be found in Part 4 (temporary use of land).
Part 4 (temporary use of land) of Schedule 2 is amended to no longer apply to recreational campsites other than in connection with a festival. It also specifies that development is not permitted for the siting of any caravan except a caravan which is a motor vehicle designed or adapted for human habitation, in connection with a festival.
The period that buildings or land can be used for temporary film-making purposes is increased along with the size of land on which a building is situated, and the maximum height of any temporary structure, works, plant or machinery.
Alteration of prison fences
A new class, Class MA – alteration etc. of prison fences, is added to allow for the erection or alteration of a prison fence of up to 5.5 metres above ground level.
Development from Local Authorities
A National Park Authority and the Broads Authority are added to the definition of local authority so that they can benefit from the permitted development rights.
This comes into force on 27th July 2023.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 11th November 2022
Amends:
The Planning and Development Regulations 2001 were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.
Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.
Existing Article 22 of the Planning and Development Regulations 2001 is amended to include conditions for planning applications where the applicant is not the legal owner of the land.
This amendment has no direct relevance to environmental matters.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 7th October 2022
Amends: Planning and Development Regulations 2001
These Planning and Development Act 2000 (Exempted Development) (No.3) Regulations were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.
Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.
Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.
Schedule 2 (Exempted Development) of the Planning and Development Regulations 2001 is amended to exempt solar panels and / or solar thermal collector installations* under Class 60 from planning permission, subject to certain conditions.
*Solar thermal collector installations are devices that generate heat by absorbing sunlight.
Solar panels and / or solar thermal collector installation under Class 61 are also exempted from planning permission, subject to certain conditions. Class 61 applies to:
Additional conditions and limitations are introduced for:
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: April 2022
Amends: Planning and Development Regulations 2001
Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.
Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.
The Health Service Executive (HSE) may use any of the following as temporary public vaccination centres or public infection testing centres.
Temporary use must not exceed 12 months.
The Regulations cease to have effect on 30th March 2024.
This amendment has no direct relevance to environmental matters.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 21st February 2022
Amends: Planning and Development Regulations 2001
Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.
Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.
Amendment
A development that consists of a change of use* (and any related works) to residential use from Class 1, 2, 3, 6 or newly added Class 12 under Part 4 to Schedule 2 of the 2001 Regulations, is exempt from the requirement to obtain planning permission until 31st December 2025.
*Change of use refers to a change of use of a premises (e.g. office to residential use), which may need planning permission from the Local Planning Authority.
This amendment has no direct relevance to environmental matters.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 7th September 2021
Amends:
The Climate Action and Low Carbon Development Act 2015 provides details on approval plans made by the Government in relation to climate change for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy. This Act establishes a body to be known as the Climate Change Advisory Council.
This Act will not affect existing or future obligations of the State under the law of the European Union (including Directive 2001/42/EC, Council Directive 92/43/EEC, Directive 2003/87/EC and Decision No. 406/2009/EC), existing or future obligations of the State under any international agreement, any Act or instrument that gives effect to any such obligation or existing or future entitlements of the State or any person under the said law, agreement, Act or instrument.
The Planning and Development Act 2000 is designed to serve as a planning code and therefore, in order for any development to be valid it should be undertaken in compliance with the requirements of this legislation, as well as any other legislation such as the Environmental Protection Agency Act 1992.
The Planning and Development Act 2000 revised the entire amount of planning law into a single piece of legislation, covering all forms of planning and development. The scope of the Act is wide and sets out a detailed section-by-section analysis of the provisions of the Act, including development plans, local area plans, regional planning guidelines, architectural heritage, housing supply, appeal procedures and environmental impact assessment. Under the Act each Local Authority has a responsibility to determine policy in its area through a Development Plan and for applying the policy through planning control, planning applications and enforcing planning decisions.
The amendments of 2002 include changes to Part V of the 2000 Act (Housing Supply) and other miscellaneous amendments.
Amendment
In order for Ireland to meet plans set out by the Government in relation to climate change to help the transition to a climate resilient, biodiversity rich and climate neutral economy before the end of 2050, significant changes have been made to The Climate Action and Low Carbon Development Act 2015 (‘2015 Act’). These changes (mainly affecting requirements of the Government, Ministers and local authorities) are reflected in the summary and duties above.
Section 3 of the 2015 Act has been replaced with the “national climate objective” outlined in the summary and duties above. Section 4 of the 2015 Act has been replaced with the “climate action plan and national long term climate action strategy” outlined in the summary and duties above.
Technical amendments are made to section 5 (national climate change adaptation framework) to clarify the matters that the Minister and Government must consider in the national climate change adaptation framework. Updates are made to the specific documentation which the Minister and Government must jointly make and submit in section 6.
The following new sections are added to the 2015 Act:
The content of these regulations are further explained above in the duties section.
Sections 9, 11, 12 and 13 relating to the Advisory Council are amended by updating the information around the number of persons in the Advisory Council.
Section 14A (Climate Reporting and Sections) and section 14B (Role of local authority) are added into the 2015 Act. These sections explain the specific climate areas that the Minister should report on, and the role of local authorities in achieving climate goals.
Section 15 (Duties of certain bodies) is amended to update the rules which a relevant body must adhere to.
Changes to the Planning and Development Act 2000 require development plans to include objectives to reduce anthropogenic greenhouse gas emissions and address the necessity of adaptation to climate change, taking account of the local authority climate action plan.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 17st December 2021
Amends: Planning and Development Act 2000
The Planning and Development Act 2000 is designed to serve as a planning code and therefore, in order for any development to be valid it should be undertaken in compliance with the requirements of this legislation, as well as any other legislation such as the Environmental Protection Agency Act 1992.
The Planning and Development Act 2000 revised the entire amount of planning law into a single piece of legislation, covering all forms of planning and development. The scope of the Act is wide and sets out a detailed section-by-section analysis of the provisions of the Act, including development plans, local area plans, regional planning guidelines, architectural heritage, housing supply, appeal procedures and environmental impact assessment. Under the Act each Local Authority has a responsibility to determine policy in its area through a Development Plan and for applying the policy through planning control, planning applications and enforcing planning decisions.
The amendments of 2002 include changes to Part V of the 2000 Act (Housing Supply) and other miscellaneous amendments.
The following definitions in the Planning and Development Act 2000 are amended.
Large-scale residential development (LRD) means:
LRD floor space means the internal measurement of the floor space of a building or part of a building, excluding any floor space provided for:
Applying for planning permission
A person who intends to apply for planning permission for LRD must hold an LRD opinion or written confirmation in accordance with Section 247(7).
Restrictions surrounding an LRD opinion can be found here.
Section 126A and Section 126B set out the duties of a planning authority in relation to LRD appeals.
Section 4(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 is repealed.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Republic of Ireland
Commencement: 12th November 2021
Amends:
The Planning and Development Regulations 2001 were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.
Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.
The Planning and Development Regulations 2001 are revised to facilitate the changes listed below.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002