126: Planning Act 2008 - changes made to date
This is entry number 126, first published on 22 April 2010, of a blog on the implementation of the Planning Act 2008. Click here for a link to the whole blog. If you would like to be notified when the blog is updated, with links sent by email, click here.
Today's entry sets out the changes that have been made to the Planning Act so far.
The Planning Act received royal assent on 26 November 2008, but it has not remained static since then. Other than commencement orders bringing various parts of it into operation, five pieces of legislation have made amendments to the Act since it was passed. Here are the changes - beware of using an out of date version of the Act!
If you are not interested in the nitty gritty of the law, you may wish to skip the next two paragraphs. If, however, you are likely to be referring to the Act itself, you may find them a useful prompt.
The amending legislation is as follows: the Marine and Coastal Access Act 2009 (MCAA), the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA), the Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (TTFO), the Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 (MPPR), the Overhead Lines (Exempt Installations) Order 2010 (OLO) and the Community Infrastructure Levy Regulations 2010 (CILR).
The following sections and schedules of the Act have been amended or repealed:
Provision |
Description |
Change |
By |
| Section 16 | electric lines | amended | OLO |
| Section 42 | duty to consult | amended | MCAA |
| Section 53 | rights of entry | amended | TTFO |
| Section 55 | acceptance of applications | amended | MCAA |
| Section 56 | notifying persons of accepted applications | amended | MCAA |
| Section 102 | interpretation | amended | MCAA |
| Section 104 | decisions of panel and counsel | amended | MCAA |
| Section 148 | deemed consent under the Coast Protection Act 1949 | repealed | MCAA |
| Section 149 | deemed licenes under Part 2 of the Food and Environment Protection Act 1985 | repealed | MCAA |
| Section 149A | deemed consent by a marine licence | added | MCAA |
| Section 152 | compensation in case where no right to claim in nuisance | amended | TTFO |
| Section 155 | when development begins | modified (i.e. read 'as if') | MPPR |
| Section 161 | breach of terms of order granting development consent | amended | MCAA |
| Section 165 | rights of entry: supplementary provisions | amended | MCAA |
| Section 179 | delegation of functions to regional planning bodies | repealed | LDEDCA |
| Section 181 | regional spatial strategies: climate change policies | repealed | LDEDCA |
| Section 192 | tree preservation orders | amended | TTFO |
| Section 216 | application (of CIL) | amended | CILR |
| Section 219 | compensation (for CIL enforcement) | amended | TTFO |
| Schedule 4 | correction of errors in development consent decisions | amended | MCAA |
| Schedule 5 | provisions relating to, or to matters ancillary to, development | amended | MCAA |
| Schedule 6 | changes to, and revocation of, orders granting development consent | amended | MCAA and TTFO |
| Schedule 12 | application of Act to Scotland: modifications | amended | TTFO |
What are the effects of these changes?
The MCAA adds the Marine Management Organisation (see earlier blog entry) to various parts of the Act where it has an involvement. It also combines Coast Protection Act consents and Food and Environment Protection Act licences (which can be deemed in a development consent order) into marine licences.
The TTFO changes the Lands Tribunal, which decides compensation disputes, to its new name of the Lands Chamber of the Upper Tribunal.
The OLO amends the definition of an electric line nationally significant infrastructure project to remove certain minor works.
The LDEDCA changes reflect the changes to regional planning introduced by that Act.
The CILR remove affordable housing from the things that CIL can be spent on.
The MPPR remove the marking out of a road from when development under a DCO can be said to have begun.
There will no doubt be more changes to come, but this blog entry provides a staging post, and a reminder that the legislation is not static.
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