B8.1.1 Planning Legislation in England continued…

 

The Town and Country Planning (Tree Preservation) (England) Regulations 2012

On 6th April 2012 changes to the legislation governing Tree Preservation Orders (TPOs) in England came into effect.

The regulations seek to simplify the whole TPO system. All TPOs are now covered by The Town and Country Planning (Tree Preservation) (England) Regulations 2012 and, whenever made, will now be on one common form and subject to one set of provisions in matters such as appeals and compensation.

There are several changes that make things easier for landowners who have trees covered by TPOs:

  • clarification of the issues involving the exemptions for ‘dead, dying and dangerous’ trees
  • the ability for permissions to be granted for a series of works, or repeated works (such as pollarding), over a stated period via one application
  • an increase in the default duration of consents for work on trees from one year to two years, giving greater flexibility
  • the simplification of the TPO document itself, making it shorter and easier to understand.

Planning (Hazardous Substances) (Amendment) (England) Regulations 2009 [SI 1901]

Amends 1992/656 (for England only) by increasing the range of dangerous substances that you need consent to store and process, and changing the maximum amount you can store without consent.

Planning (Hazardous Substances) (Amendment) (England) Regulations 2009

The regulations amend the Planning (Hazardous Substances) Regulations 1992 to update Schedule 1, which list dangerous substance and their quantities, in line with the amended COMAH Directive and regulations. They only apply in England.

Planning (Listed Buildings and Conservation Areas) (Amendment No.2) (England) Regulations 2009

These Regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990, to reflect the fact that English Heritage now produce a list of buildings of special interest, for approval by the Secretary of State. They only apply in England.

Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2009

These regulations amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 so that under certain conditions it is no longer a requirement to submit three copies of the form and  design and access statement with submitting an application for listed building or conservation area consent.

These conditions are where the application is related to an application for development that has not begun and for which planning permission was granted on or before 1st October 2009. They only apply in England

The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 [SI No. 1371]

These regulations aim to simplify and deregulate the local development plan making procedures in England.

The Town and Country Planning (General Permitted Development) (Amendment) (No. 2) (England) Order 2008 [SI No. 2362]

This order simplifies the householder development regime.

The Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 [SI No. 2093]

These Regulations amend the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1991 so that they apply to applications for subsequent approval of matters under conditions attached to planning permissions.

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2008 [SI. No. 958]

These Regulations increases the level of fees payable to local planning authorities in England for planning applications, deemed planning applications, and applications for consent to display advertisements.

The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2008 [SI No. 550]

This order specifies procedures connected with planning applications and appeals to the Secretary of State.

The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 [SI No. 783]

These regulations outline the set of procedures relating to the displaying of advertisements in England.

The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005 [SI No 2115]

These rules outline the procedures to be followed for local inquiries into applications for planning permission or the approval of local planning authorities for major developments deemed to have national or regional importance.

Town and Country Planning (Temporary Stop Notice) (England) Regulations 2005 [SI No 206]

These regulations restrict the use of temporary stop notices in certain circumstances against caravans used as a main residence.

The Town and Country Planning (Regional Planning Guidance as Revision of Regional Spatial Strategy) Order 2004 [SI No 2208]

This Order sets out the schedule and steps taken towards the revision of the Regional Planning Guidance (RPG).

The Town and Country Planning (Initial Regional Spatial Strategy)(England) Regulations 2004 [SI No. 2206]

These Regulations list the regional planning guidance (RPG) for each region that is to become the Regional Spatial Strategy (RSS) for that region.

The Town and Country Planning (Transitional Arrangements) (England) Regulations 2004 [SI No. 2205]

These regulations change the local development planning system in England.

The Town and Country Planning (Local Development) (England) Regulations 2004 [SI No. 2204]

These regulations establish a new system of local development planning in England. The local plans, unitary development plans and structure plans used to control the development and use of land will be replaced with local development documents.

The Town and Country Planning (Enforcement)(Inquiries Procedure)(England) Rules 2002 [SI No. 2686]

These Rules set out the procedures to be followed for local inquiries into appeals against enforcement notices, the refusal or non-determination of an application for a certificate of lawful use or development, listed building enforcement notices and conservation area enforcement notices.

The Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 [SI No. 2685]

These Rules set out the procedures to be followed for local inquiries held by inspectors into appeals against enforcement notices, the refusal or non-determination of an application for a certificate of lawful use or development, listed building enforcement notices and conservation area enforcement notices.

The Town and Country Planning (Trees) Regulations 1999 [SI No. 1982]

These regulations outline the procedures to be followed for the granting of a tree preservation order.

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 [SI No. 293]

These regulations outline the procedure for considering environmental impact when deterring planning permission applications.

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