The Government is continuing with it’s legislative programme and has started to release commencement regulations for changes to the English Planning System under the Levelling Up and Regeneration Act. These regulations are found under:
Here is the combined list of commencement provisions. This list will be updated as more regulations are brought forward.
The following provisions of the 2023 Act came into force on 26th December 2023—
Section 226 – Enforcement of requirements
Section 228 – Registration of short-term rental properties
Section 229 – Pavement licenses
The following provisions of the 2023 Act came into force on 31st January 2024—
Section 78 – Capital finance risk management
Section 81 – Alteration of Street Names England
Section 94 – National development management policies: meaning
Section 106 – Street votes, so far as it confers a power to make regulations and so far as it relates to the provisions of Schedule 9 brought into force by paragraph (q)
Section 107 – Street votes: community infrastructure levy, so far as it confers a power to make regulations
Section 123 – Duty in relation to self-build and custom housebuilding
Section 129 – Hazardous substances consent: connected applications to the Secretary of State
Section 140 – Enforcement of community infrastructure levy
Section 180 – Acquisition by local authorities for purpose of regeneration
Section 181 – Online publicity, so far as it confers a power to make regulations
Section 184 – Corresponding provision for purchases by Ministers, so far as it relates to the provisions of Schedule 19 brought into force by paragraph (r)
Section 185 – Time limits for implementation
Section 186 Agreement to vary vesting date
Section 187 Common standards for compulsory purchase data
Section 188 ‘No-scheme’ principle: minor amendments
Section 189 Prospects of planning permission for alternative development
The following provisions of the 2023 Act came into force on 12th February 2024—
Section 135 – Biodiversity net gain: pre-development biodiversity value and habitat enhancement
The following provisions of the 2023 Act came into force on 31st March 2024—
Sections 84, 85, 86, 89 – Planning Data Standardisation
Section 91 – Definitions of key terms that are used throughout Chapter 1 of Part 3 of the Act
Section 111 – Planning Commencement Notice
Section 171(7) – New section 135A into the Local Government, Planning and Land Act 1980 (c. 65). The effect of this new section is to give the Secretary of State the power to make regulations setting out how an oversight authority is to oversee the regeneration of a locally led development area
Sections 182 and 183 – Amendments to the operation of Compulsory Purchase Orders
Sections 203, 205, 206, 214, 215 – Local Rental Auctions
Schedule 22 – Amendments to Pavement Licenses
The following provisions of the 2023 Act come into force on 25th April 2024—
Section 103 – temporary stop notices in relation to listed buildings
Section 115 – time limits for enforcement
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 (5) (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
Section 116 – duration of temporary stop notices
Section 117 – enforcement warning notices
Section 118 – restriction on appeals against enforcement notices
Section 119 – undue delays in appeals
Section 120 – penalties for non-compliance
Section 122 -Consultation before applying for planning permission
Section 124 – Powers as to form and content of planning applications
The following provisions of the 2023 Act come into force on 30th April 2024—
Section 190 – Power to require prospects of planning permission to be ignored, Compulsory Purchase.
The remainder of section 181 – Online publicity of documents within the CPO Process
The following provisions of the 2023 Act come into force on 7th May 2024—
Section 230 – Historic environment records
The following provisions of the 2023 Act come into force on 25th July 2024—
Section 105 – Removal of compensation for building preservation notice