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Statutory Instruments

2024 No. 453

TOWN AND COUNTRY PLANNING, ENGLAND

The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024

Made

2nd April 2024

Laid before Parliament

4th April 2024

Coming into force

25th April 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 188(1), 188(2)(a), 333(1) and 333(2B) of the Town and Country Planning Act 1990( 1 ) and sections 250 and 252(1)(c) of the Levelling-up and Regeneration Act 2023( 2 ).

Citation, commencement, extent and application

1. —(1) These Regulations may be cited as the Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024.

(2) These Regulations come into force on 25th April 2024.

(3) These Regulations extend to England and Wales.

(4) These Regulations apply in England only.

Amendment to regulation 9 (claims for compensation and listed building purchase notices) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

2. —(1)The Planning (Listed Buildings and Conservation Areas) Regulations 1990( 3 ) are amended as follows.

(2) In regulation 9(1), after “29” insert “, 44AC” .

Amendment to article 43 (register of enforcement and stop notices and other enforcement action) of the Town and Country Planning (Development Management Procedure) (England) Order 2015

3. —(1)Article 43 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 ( 4 ) is amended as follows.

(2) After paragraph (3) insert—

(3A) The enforcement register must also contain the following information with respect to every enforcement warning notice issued in relation to the land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its situation can be ascertained;

(b) the name of the issuing authority;

(c) the date of issue of the notice;

(d) the date of service of copies of the notice;

(e) a statement or summary of the breach of planning control alleged; and

(f) the date specified in the notice as the date by which an application for planning permission must be received. .

(3) In paragraph (4) for “stop notice or breach of condition notice” substitute “stop notice, breach of condition notice or enforcement warning notice” .

(4) In paragraph (4)(b) omit “and”.

(5) In paragraph (4)(c) for “withdrawn.” substitute “withdrawn; and” .

(6) After paragraph (4)(c) insert—

(d) in the case of an enforcement warning notice, the notice is quashed by a court. .

Amendment to the Schedule (modifications to the Town and Country Planning Act 1990) of the Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023

4. —(1)The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023( 5 ) is amended as follows.

(2) In the Schedule—

(a) in paragraph 1, after sub-paragraph (vi) insert—

(vii) section 196E (power to provide relief from enforcement of planning conditions);

(viii) section 172ZA (enforcement warning notice: England) ;

(b) in paragraph 9 (modification of section 174 (appeals against enforcement notices)), for sub-paragraph (b) substitute—

(b) subsections (2A), (2AA), (2AB), (2AC), (2B) and (2D) to (2F) were omitted. .

Revocation of the Town and Country Planning (Pre-application Consultation) Order 2020

5.The Town and Country Planning (Pre-application Consultation) Order 2020( 6 ) is revoked.

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Lee Rowley

Minister of State

Department for Levelling Up, Housing and Communities

2nd April 2024

( 1 )

1990 c. 8 . Section 188(1) was amended by sections 32, 84(6), paragraphs 8, 30(a) of Schedule 7, Schedule 19, Part I of the Planning and Compensation Act 1991 (c.34) , section 124(2)(a) of the Localism Act 2011 (c.20) , S.I. 2012/57 and S.I. 2012/628 . Section 188(2)(a) was amended by section 32, paragraphs 8 and 30(b) of Schedule 7 to the Planning and Compensation Act 1992 (c. 34) , sections 124(2)(b)(ii) and (iii) of the Localism Act 2011 (c. 20) and S.I. 2012/57 and S.I. 2012/628 . Section 333(1) was amended by section 78 and paragraph 32(12) of Schedule 10 to the Environment Act 1995 (c. 25) . Section 333(2B) was inserted by section 130(1)(a) of the Levelling-up and Regeneration Act 2023 (c. 55) .

( 2 )

2023 c. 55 .

( 3 )

S.I. 1990/1519 ; relevant amending instruments are S.I. 1996/525 , 1243 , 2012/793 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024 (2024/453)

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