uksi/2024/452 — The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024

2024 No. 452 (C. 28) TOWN AND COUNTRY PLANNING, ENGLAND AND WALES 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 and by section 255(3)(b) and (12) of the Levelling-up and Regeneration Act 2023 . 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 ; “ 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 (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 (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 , 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 (issue of enforcement notice), and b the enforcement notice has not been withdrawn under section 173A of that Act (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 (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 (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 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) 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. NOTE AS TO EARLIER COMMENCEMENT ORDERS (This note is not part of the Regulations) The following provisions of the Planning Act 2008 have been brought into force in England and Wales by commencement Orders made before the date of these Regulations. Provision Date of Commencement S.I. No. Sections 1 to 3 01.10.2009 2009/2260 Section 4 (remainder) 01.10.2009 2009/2260 Sections 5 to 13 06.04.2009 2009/400 Section 14 (partially) 01.03.2010 2010/101 Section 14 (partially) 06.04.2011 2011/705 Section 14 (partially) 01.10.2011 2011/2054 Section 14 (partially) 01.01.2018 2017/1078 Sections 15 to 24 01.03.2010 2010/101 Section 25 (remainder) 01.03.2010 2010/101 Section 26 01.03.2010 2010/101 Sections 27 to 28 (partially) 01.01.2018 2017/1078 Section 29 06.04.2011 2011/705 Section 30 01.10.2011 2011/2054 Sections 31 to 36 01.03.2010 2010/101 Section 37 01.10.2009 2009/2260 Section 38 (remainder) 01.10.2009 2009/2260 Section 39 01.10.2009 2009/2260 Section 40 (remainder) 01.10.2009 2009/2260 Sections 41 to 47 01.10.2009 2009/2260 Section 48 (remainder) 01.10.2009 2009/2260 Sections 49 to 50 01.10.2009 2009/2260 Section 51 (remainder) 01.10.2009 2009/2260 Sections 52 to 54 01.10.2009 2009/2260 Section 55 01.03.2010 2010/101 Section 56 (remainder) 01.10.2009 2009/2260 Sections 57 to 58 01.10.2009 2009/2260 Section 59 (remainder) 01.10.2009 2009/2260 Sections 60 to 96 01.03.2010 2010/101 Section 97 (remainder) 01.03.2010 2010/101 Sections 98 to 101 01.03.2010 2010/101 Section 102 (remainder) 01.03.2010 2010/101 Sections 103 to 110 01.03.2010 2010/101 Section 111 (remainder) 01.03.2010 2010/101 Sections 112 to 113 01.03.2010 2010/101 Section 114 (remainder) 01.03.2010 2010/101 Sections 115 to 152 01.03.2010 2010/101 Section 153 (remainder) 01.10.2011 2011/2054 Sections 154 to 159 01.03.2010 2010/101 Sections 160 to 161 (remainder) 01.03.2010 2010/101 Sections 162 to 164 01.03.2010 2010/101 Section 165 (remainder) 01.03.2010 2010/101 Sections 166 to 169 01.03.2010 2010/101 Section 170 (remainder) 01.03.2010 2010/101 Section 171 01.03.2010 2010/101 Section 172 (remainder) 01.03.2010 2010/101 Sections 173 and 174 01.03.2010 2010/101 Section 175 (partially) 06.04.2009 2009/400 Section 175 (remainder) 01.03.2010 2010/101 Section 177 06.04.2009 2009/400 Sections 179 to 182 06.04.2009 2009/400 Section 183 (partially) 06.04.2009 2009/400 Section 184 06.04.2009 2009/400 Section 185 (partially) 06.04.2009 2009/400 Section 185 (remainder) 08.08.2014 2014/1769 Section 187 (partially) 06.04.2009 2009/400 Section 188 (partially) 23.06.2009 2009/1303 Section 188 (remainder) 30.04.2012 2012/802 Section 189 06.04.2010 2010/566 Section 190 (partially) 01.10.2009 2009/2260 Section 190 (remainder) 06.04.2010 2010/566 Section 191 (partially) 06.04.2009 2009/400 Sections 192 and 193 (partially) 06.04.2012 2012/601 Section 194 (partially) 06.04.2009 2009/400 Section 195 06.04.2009 2009/400 Section 196 (partially) 06.04.2009 2009/400 Section 197 (partially) 06.04.2009 2009/400 Section 197 (remainder) 30.04.2012 2012/802 Section 198 (partially) 06.04.2009 2009/400 Section 198 (remainder) 28.11.2014 2014/2780 Section 199 (partially) 06.04.2009 2009/400 Section 199 (remainder) 08.08.2014 2014/1769 Section 200 (partially) 01.10.2009 2009/2260 Section 206 (partially) 06.04.2009 2009/400 Section 206 (remainder) 06.04.2010 2010/566 Section 211 (remainder) 06.04.2009 2009/400 Section 224 (partially) 06.04.2009 2009/400 Section 224 (partially) 06.04.2010 2010/566 Section 238 (partially) 06.04.2009 2009/400 Section 238 (partially) 23.06.2009 2009/1303 Section 238 (partially) 06.04.2010 2010/566 Section 238 (partially) 06.04.2012 2012/601 Section 238 (partially) 30.04.2012 2012/802 Schedule 1 01.10.2009 2009/2260 Schedule 2 01.03.2010 2010/101 Schedule 3 (remainder) 01.03.2010 2010/101 Schedules 4 and 5 01.03.2010 2010/101 Schedule 6 (remainder) 01.10.2011 2011/2054 In Schedule 7— paragraphs 1 to 6 (partially) 06.04.2009 2009/400 Schedule 8 (partially) 06.04.2012 2012/601 In Schedule 9— paragraphs 1 to 4 and 6 06.04.2009 2009/400 In Schedule 10— paragraphs 1, 3 to 6, and 10 to 14 (partially) 06.04.2009 2009/400 Schedule 11 (partially) 06.04.2009 2009/400 Schedule 11 (remainder) 30.04.2012 2012/802 Schedule 13 (partially) 06.04.2009 2009/400 Schedule 13 (partially) 23.06.2009 2009/1303 Schedule 13 (partially) 06.04.2010 2010/566 Schedule 13 (partially) 06.04.2012 2012/601 Schedule 13 (partially) 30.04.2012 2012/802 NOTE AS TO EARLIER COMMENCEMENT REGULATIONS (This note is not part of the Regulations) The following provisions of the Levelling-up and Regeneration Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations. Provision Date of Commencement S.I. No. Section 78 31.01.2024 2024/92 Section 81 31.01.2024 2024/92 Sections 84 to 86 31.03.2024 2024/389 Sections 89 to 91 31.03.2024 2024/389 Section 94 31.01.2024 2024/92 Sections 106 and 107 (partially) 31.01.2024 2024/92 Section 111 (partially) 31.03.2024 2024/389 Section 123 31.01.2024 2024/92 Section 129 31.01.2024 2024/92 Section 135 12.02.2024 2024/92 Section 140 31.01.2024 2024/92 Section 171 (partially) 31.03.2024 2024/389 Section 180 31.01.2024 2024/92 Section 181 (partially) 31.01.2024 2024/92 Section 181 (partially) 30.04.2024 2024/389 Sections 182 and 183 (partially) 31.03.2024 2024/389 Section 184 (partially) 31.01.2024 2024/92 Section 184 (partially) 31.03.2024 2024/389 Section 184 (partially) 30.04.2024 2024/389 Sections 185 to 188 31.01.2024 2024/92 Section 189 31.01.2025 2024/92 Section 190 (partially) 31.03.2024 2024/389 Section 190 (partially) 30.04.2024 2024/92 Section 203 (partially) 31.03.2024 2024/389 Sections 205 and 206 (partially) 31.03.2024 2024/389 Section 214 (partially) 31.03.2024 2024/389 Section 215 31.03.2024 2024/389 Section 229 31.03.2024 2024/389 In Schedule 4— paragraphs 226 (partially) and 227 to 229 26.12.2023 2023/1405 paragraphs 226 (remainder) and 230 07.05.2024 2023/1405 Schedule 5 31.01.2024 2024/92 In Schedule 9— paragraph 1 (partially) 31.01.2024 2024/92 Schedule 13 (remainder) 31.03.2024 2024/389 In Schedule 19— paragraph 1 (partially) 31.01.2024 2024/92 paragraph 1 (partially) 30.04.2024 2024/389 paragraphs 2 and 3 (partially) 31.03.2024 2024/389 Schedule 22 31.03.2024 2024/389