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Jurisdiction: Republic of Ireland
Commencement: 8th November 2024
Amends: Derelict Sites Act 1990
The Derelict Sites Act 1990 sets out a list of areas that are classed as urban areas.
This includes areas in the following counties.
There are no duties for organisations under these Regulations.
Amendment
A range of new locations are designated as urban areas under the Derelict Sites Act 1990. The full list of new locations can be found in the Schedule and are situated in the following counties:
• County Clare
• County Cork
• County Kilkenny
• County Mayo
• County Monaghan
• County Sligo
• County Waterford
Jurisdiction: England & Wales
Commencement: 6th August 2024
Amends: Building Act 1984
This Building Act 1984 allows the Secretary of State to make regulations in order to:
The Building Act 1984 also imposes a duty on local authorities to enforce the building regulations in their areas as well as a right of entry into buildings. It also provides for prosecution and enforcement proceedings against the perpetrators and owners of defective buildings and building work.
Local authority powers in relation to dangerous structures and demolitions are also included in the Act.
The Building Act 2022 (“2022 Act”) establishes the regulator (established under the Health and Safety executive) as the building control authority for higher-risk buildings* in England and designated local authorities as the building control authority in Wales. The duties and powers of the regulator in relation to higher-risk buildings are outlined in the 2022 Act.
*Buildings of at least 18 metres in height or with at least 7 storeys and contains at least 2 residential units.
Amendment
Amendment notices can now be issued during the periods where registered building controllers are able to supervise high-risk building work.
Building control approvers can only supervise high-risk building work in cases where the initial notice was submitted before 1st October 2023 and the work was sufficiently progressed by 6th April 2024.
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Jurisdiction: United Kingdom
Commencement: Various dates, as listed below.
Amends: Levelling-up and Regeneration Act 2023 (c.55)
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:
This Act does not currently define duties for organisations. Duties will be introduced through subsequent legislation.
Changes made by the Act relating to the Elections Act 2022 come into force from 26th December 2023 and 7th May 2024.
This amendment has no direct relevance to environmental matters.
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Jurisdiction: United Kingdom
Commencement: Various dates, as listed below.
Amends: Levelling-up and Regeneration Act 2023 (c.55)
Levelling-up missions
Planning data
*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:
This Act does not currently define duties for organisations. Duties will be introduced through subsequent legislation.
The following parts of the Act come into force on 31st January 2024:
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.
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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.
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The UK Government has announced the implementation of Schedule 3 of the Flood and Water Management Act 2010 which is expected to come into force in 2024. The Compliance People Consultant Katie Pritchard looks at this important change to Sustainable urban Drainage Systems (SuDS).
SuDS use nature-based approaches that are designed to mimic natural drainage and encourage infiltration of rainwater. This reduces the speed and quantity of water entering traditional drainage systems.
Once implemented, Schedule 3 will remove the automatic right for builders to connect new developments in England and Wales to the drainage system. This change means that builders will only be able to connect new developments to the drainage system if they have incorporated SuDS into their development design.
Implementation of Schedule 3 will:
This change follows substantial campaigning from leading experts and bodies such as the Chartered Institution of Water and Environmental Management, who argued that a more robust regulatory approach to SuDS will alleviate existing pressure on traditional drainage systems and reduce flash flooding.
Additional environmental benefits include:
Want to have your say on the implementation of Schedule 3 and what this means for developers? Keep an eye out for the upcoming consultation on SuDS.
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.
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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:
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Jurisdiction: Scotland
Commencement: 1stth December 2022
Amends: Planning (Hazardous Substances) (Scotland) Act 1997 (c.10)
The planning authority is required to consult with the Health and Safety Executive (HSE), or in some cases the Office for Nuclear Regulation (ONR), when considering an application for hazardous substances consent. The HSE (or ONR) will consider the hazards and risks which the hazardous substance may present to people in the surrounding area, and take account of existing and potential developments, in advising the planning authority on whether or not consent should be granted.
Various duties apply.
A transitional exemption is added for Section 21 (Offences). This means that an offence is not committed under this section and a hazardous contravention notice cannot be issued before 1st December 2023.
This exemption only applies to:
*Established quantity means the maximum quantity of substance that is approved.
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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.
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Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
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