The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024

Made: 2nd April 2024

The Secretary of State makes these Regulations in exercise of the powers conferred by section 241(8) of the Planning Act 2008[^f00001] and by section 255(3)(b) and (12) of the Levelling-up and Regeneration Act 2023[^f00002].

Part 1 — Introduction

Citation and interpretation

1

• (1) These Regulations may be cited as the Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024.

• (2) In these Regulations—

• “the 1990 Act” means the Town and Country Planning Act 1990[^f00003];

• “the 2008 Act” means the Planning Act 2008;

• “the 2023 Act” means the Levelling-up and Regeneration Act 2023.

Part 2 — Commencement of provisions of the Planning Act 2008

Provisions of the 2008 Act coming into force on 25th April 2024

2

The following provisions of the 2008 Act come into force on 25th April 2024—

• (a) section 196 (determination of procedure for certain proceedings), and

• (b) paragraphs 1, 7, 8 and 10 to 14 of Schedule 10 (further provisions as to the procedure for certain proceedings),

so far as they relate to any appeal under section 195 of the 1990 Act[^f00004] (appeals against refusal or failure to give decision on application) against a refusal, or failure to give a decision, of a local planning authority.

Part 3 — Commencement of provisions of the Levelling-up and Regeneration Act 2023

Provisions of the 2023 Act coming into force on 25th April 2024

3

The following provisions of the 2023 Act come into force on 25th April 2024—

• (a) section 103 (temporary stop notices in relation to listed buildings);

• (b) section 115 (time limits for enforcement);

• (c) section 116 (duration of temporary stop notices);

• (d) section 117 (enforcement warning notices);

• (e) section 118 (restriction on appeals against enforcement notices);

• (f) section 119 (undue delays in appeals);

• (g) section 120 (penalties for non-compliance);

• (h) section 122 (consultation before applying for planning permission);

• (i) section 124 (powers as to form and content of planning applications).

Provision of the 2023 Act coming into force on 25th July 2024

4

Section 105 of the 2023 Act (removal of compensation for building preservation notice) comes into force on 25th July 2024.

Transitional provision: time limits for enforcement

5

The amendments made to the 1990 Act by section 115 of the 2023 Act (time limits for enforcement) do not apply where—

• (a) in respect of a breach of planning control referred to in section 171B(1) of the 1990 Act [^f00005] (time limits), the operations were substantially completed, or

• (b) in respect of a breach of planning control referred to in section 171B(2) of the 1990 Act (time limits), the breach occurred,

before the day on which that section comes into force.

Transitional provision: duration of temporary stop notices

6

The amendments made to the 1990 Act by section 116 of the 2023 Act (duration of temporary stop notices) do not apply where—

• (a) a temporary stop notice has been issued under section 171E of the 1990 Act[^f00006], and

• (b) the temporary stop notice has not been withdrawn under section 171E(7)(c) of that Act,

before the day on which that section comes into force.

Transitional provision: enforcement notices

7

The amendments made to the 1990 Act by section 118 of the 2023 Act (restriction on appeals against enforcement notices) do not apply where—

• (a) an enforcement notice has been issued under section 172 of the 1990 Act[^f00007] (issue of enforcement notice), and

• (b) the enforcement notice has not been withdrawn under section 173A of that Act[^f00008] (variation and withdrawal of enforcement notices),

before the day on which that section comes into force.

Transitional provisions: undue delays in appeals

8

• (1) The amendments made to the 1990 Act by section 119 of the 2023 Act (undue delays in appeals) do not apply where—

• (a) an enforcement notice has been issued under section 172 of the 1990 Act (issue of enforcement notice),

• (b) the enforcement notice has not been withdrawn under section 173A of the 1990 Act (variation and withdrawal of enforcement notices), and

• (c) an appeal under section 174 of the 1990 Act[^f00009] (appeal against enforcement notice) has been made against that notice,

before the day on which that section comes into force.

• (2) The amendments made to the 1990 Act by section 119 of the 2023 Act (undue delays in appeals) do not apply where—

• (a) an application has been made to a local planning authority and determined or not determined (as the case may be) under either section 191 of the 1990 Act[^f00010] (certificate of lawfulness of existing use or development) or section 192 of the 1990 Act (certificate of lawfulness of proposed use or development), and

• (b) an appeal under either subsection (1)(a) or (1)(b) of section 195 of that Act (appeals against refusal or failure to give decision on application) has been made against that refusal or failure to give a decision,

before the day on which that section comes into force.

Transitional provision: penalties for non-compliance

9

The amendments made to the 1990 Act by section 120 of the 2023 Act (penalties for non-compliance) apply only in relation to offences committed after the section has come into force.

Signed

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

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations bring into force provisions in the Planning Act 2008 (“the 2008 Act”) and the Levelling-up and Regeneration Act 2023 (“the 2023 Act”).

Regulation 2 brings into force on 25th April 2024 section 196 and paragraphs 1, 7, 8 and 10 to 14 of Schedule 10 to the 2008 Act, so far as they relate to any appeal under section 195 of the Town and Country Planning Act 1990 (“the 1990 Act”). The effect of these provisions is that the Secretary of State can determine the procedure to be adopted for the determination of an appeal about a lawful development certificate.

Regulation 3 brings into force on 25th April 2024 various provisions of the 2023 Act.

Regulation 3(a) brings into force section 103 of the 2023 Act. Section 103 amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”), enabling a local planning authority which suspects unauthorised works were carried out on a listed building, to issue a temporary stop notice requiring the works to stop for up to 56 days, to allow the local authority to investigate the suspected breach and establish the facts of the case. The section also creates an offence for contravention of such a notice.

Regulation 3(b) brings into force section 115 of the 2023 Act. Section 115 amends section 171B(1) and (2) of the 1990 Act to extend the time period in which local planning authorities can take enforcement action against unauthorised development in England from 4 to 10 years.

Regulation 3(c) brings into force section 116 of the 2023 Act. Section 116 amends section 171E of the 1990 Act to allow local planning authorities in England to issue a temporary stop notice that has effect for up to 56 days, providing more time for a local authority to investigate a suspected breach of planning control. The section maintains the current time periods in Wales.

Regulation 3(d) brings into force section 117 of the 2023 Act. Section 117 inserts a new section 172ZA into the 1990 Act and makes consequential amendments to sections 188 and 171A of that Act. Section 172ZA creates a new power for a local planning authority in England to issue an enforcement warning notice asking the person concerned to submit a retrospective planning application within a specified period.

Regulation 3(e) brings into force section 118 of the 2023 Act. Section 118 amends section 174 of the 1990 Act to reduce the ability for a person to lodge an appeal against an enforcement notice issued in England on ground “(a)” - that planning permission ought to be granted or that the condition or limitation imposed on the grant of permission ought to be discharged.

Regulation 3(f) brings into force section 119 of the 2023 Act. Section 119 gives the Secretary of State a new power to dismiss an appeal in relation to an enforcement notice or an appeal relating to a lawful development certificate in England, where it appears that the appellant is causing undue delay to the appeals process.

Regulation 3(g) brings into force section 120 of the 2023 Act. Section 120 amends sections 187A and 216 of the 1990 Act in relation to England to increase the maximum level of fines for failure to comply with a breach of condition notice and for failure to comply with a section 215 notice (maintenance of land).

Regulation 3(h) brings into force section 122 of the 2023 Act. Section 122 amends section 122 of the Localism Act 2011 to make permanent the powers to make provision for pre-application consultation in sections 61W to 61Y of the 1990 Act.

Regulation 3(i) brings into force section 124 of the 2023 Act. Section 124 inserts a new section 327ZA into the 1990 Act to enable the Secretary of State to make provision to require or allow planning applications to be made and associated documents to be provided by electronic means or in accordance with particular standards in respect of those electronic means.

Regulation 4 brings into force on 25th July 2024 section 105 of the 2023 Act. Section 105 amends section 3 of the Listed Buildings Act to require a local planning authority to consult with Historic Buildings and Monuments Commission for England before serving a building preservation notice. Section 105 also amends section 29 of the Listed Buildings Act to remove the right to claim compensation for building preservation notices in England.

Regulations 5 to 9 contain transitional provisions relating to time limits for enforcement, duration of temporary stop notices, restrictions on appeals against enforcement notices, undue delays in appeals and penalties for non-compliance respectively.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen. An impact assessment has been produced in relation to the 2008 Act and copies can be obtained at https://www.legislation.gov.uk/ukia/2008/358/pdfs/ukia_20080358_en.pdf or from the Department for Levelling Up, Housing an Communities at 2 Marsham Street, London, SW1P 4DF. An impact assessment has been produced in relation to the 2023 Act and copies can be obtained at https://bills.parliament.uk/bills/3155/publications or from the Department for Levelling Up, Housing and Communities at 2 Marsham Street, London, SW1P 4DF.

Footnotes

[^f00001]: 2008 c. 29.

[^f00002]: 2023 c. 55.

[^f00003]: 1990 c. 8.

[^f00004]: Section 195 was amended by paragraph 32 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), paragraph 3 of Schedule 11 to the Planning Act 2008 (c. 29), paragraph 6 of Schedule 1 to the Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773 (W. 280)) and section 47(2) and paragraph 7(3) of Schedule 7 to the Planning (Wales) Act 2015 (anaw/dccc 4).

[^f00005]: Section 171B was inserted by section 4(1) of the Planning and Compensation Act 1991 (c. 34) and amended by paragraph 4 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

[^f00006]: Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^f00007]: Section 172 was substituted by section 5(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00008]: Section 173A was inserted by section 5(1) of the Planning and Compensation Act 1991 (c. 34).

[^f00009]: Section 174 was amended by section 6(1) and paragraph 22 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34), article 3 of the Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), article 3 of the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156 (W. 273)), section 123(4) of the Localism Act 2011 (c. 20), paragraph 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and section 46 of the Planning (Wales) AAct 2015 (anaw/dccc 4).

[^f00010]: Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and amended by section 124(3) of the Localism Act 2011 (c. 20) and paragraph 6(3) of Schedule 4 to the Mobile Homes (Wales) Act 2013 (anaw/dccc 6).