(1) These Regulations may be cited as the Town and Country Planning (Compensation) (England) Regulations 2010 and shall come into force on 6th April 2010.
(2) These Regulations apply in relation to England only.
(3) In these Regulations—
“the Act” means the Town and Country Planning Act 1990;
“the GPDO” means the Town and Country Planning (General Permitted Development) Order 1995; and
“Schedule 2” means Schedule 2 to the GPDO.
Specified date: 6 April 2010: see para (1) above.
3Prescribed manner in which planning permission to be withdrawn
For the purposes of section 108(3C)(b) of the Act, the prescribed manner for withdrawing planning permission is by direction in accordance with articles 4, 5 and (as appropriate) 6 of the GPDO.
Specified date: 6 April 2010: see reg 1(1).
(This note is not part of the Regulations)
Section 108 of the Town and Country Planning Act 1990 provides for the payment of compensation in certain cases where planning permission for development granted by a development order or a local development order is withdrawn and where on an application for planning permission for that development, the application is refused.
Section 108(2A) and (3B) to (3D) (inserted by section 189 of the Planning Act 2008) limits the circumstances in which compensation is payable. These Regulations prescribe types of development for the purposes of section 108(2A) and (3C) (regulation 2), prescribe the manner in which planning permission is to be withdrawn (regulation 3) and prescribe the manner, and maximum period, in which notice of withdrawal, revocation, amendment or directions is to be given (regulations 3 and 4).
An impact assessment has not been prepared for these Regulations as there is no additional impact on business, charities or the public sector beyond that examined in the impact assessment which accompanied the Planning Bill when it was introduced in Parliament on 27th November 2007. That impact assessment can be found on the Communities and Local Government website (http://www.communities.gov.uk).