Citation

1. These Regulations may be cited as the Planning and Infrastructure Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026.

Interpretation

2. In these Regulations—

(a) “ TCPA 1990 ” means the Town and Country Planning Act 1990 ( 2 );

(b) “ general consent ” means a permission which meets the following conditions—

(i)it is granted for development of any description or class specified in an order or scheme (as opposed to for development itself specified in the order or scheme);

(ii)it is granted under, or by virtue of, Part 3 of the TCPA 1990;

(iii)it is granted by, or on the adoption, approval or designation of, an order, scheme or zone (including an alteration or modification to such an order, scheme or zone);

(c) “ planning permission ” has the same meaning as the TCPA 1990 other than permission granted by a general consent;

(d) “ previous permission ” means, in relation to a planning permission granted under section 73 of the TCPA 1990, the previous planning permission referred to in section 73(1);

(e) “ prior approval development consent ” means a general consent which is subject to a requirement for prior approval or a determination as to whether prior approval is required.

Provisions coming into force on the day after the day on which these Regulations are made

3. Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 (except for paragraph 14(2)), comes into force on the day after the day on which these Regulations are made.

Transitional provisions in relation to Part 1 of Schedule 5 of the Planning and Infrastructure Act 2025

4.—(1) The amendments made to the Conservation of Habitats and Species Regulations 2017(3) by Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 do not apply in relation to any project which was authorised by—

(a)a planning permission granted before 17th August 2020, or

(b)a general consent if the relevant date was before the day that Part 1 of Schedule 5 to the Planning and Infrastructure Act 2025 (except for paragraph 14(2)) comes into force.

(2) For the purpose of paragraph (1)(a), granted means, in relation to a planning permission—

(a)where the planning permission was granted under section 73 of the TCPA 1990, the date the previous permission was granted, or

(b)in any other case, the date planning permission was granted under the TCPA 1990.

(3) For the purpose of paragraph (1)(b), the relevant date, in relation to a general consent, is—

(a)in the case of a prior approval development consent, the date on which—

(i)the prior approval was given,

(ii)the determination that such approval is not required was given, or

(iii)where the consent was given subject to a determination as to whether prior approval is required, the period for giving such a determination expired,

(b)in any other case, the date that the development to which the general consent relates was commenced.