The Town and Country Planning (Compensation) (England) Regulations 2011

• Citation: S.I. 2011/2058
• Sections: 7

Section 1 Citation, commencement, application and interpretation

(1) These Regulations may be cited as the Town and Country Planning (Compensation) (England) Regulations 2011 and shall come into force—

(a) for all purposes other than those of regulations 2(f) and 6, on 1st October 2011, and

(b) for the purposes of regulations 2(f) and 6, with effect from 1st December 2011.

(2) These Regulations apply in relation to England only.

(3) In these Regulations—

“ the Act ” means the Town and Country Planning Act 1990;

“the DMPO ” means the Town and Country Planning (Development Management Procedure) (England) Order 2010 ;

“the GPDO ” means the Town and Country Planning (General Permitted Development) Order 1995 ; and

“Schedule 2” means Schedule 2 to the GPDO.

Section 2 Prescribed development

For the purposes of paragraphs (2A)(a) and (3C)(a) of section 108 of the Act (compensation where development order or local development order withdrawn), development of the following description is prescribed—

(a) development permitted by Part 1 of Schedule 2 (development within the curtilage of a dwelling house);

(b) development permitted by Class D and Class E of Part 2 of Schedule 2 (minor operations relating to electric vehicle charging points);

(c) development permitted by Class I of Part 3 of Schedule 2 (changes of use relating to dwelling houses and houses in multiple occupation);

(d) development permitted by Class A of Part 8 of Schedule 2 (erection, extension or alteration of an industrial building or a warehouse);

(e) development permitted by Part 32 of Schedule 2 (schools, colleges, universities and hospitals);

(f) development permitted by Part 40 of Schedule 2 (installation of domestic microgeneration equipment);

(g) development permitted by Part 41 of Schedule 2 (office buildings); and

(h) development permitted by Part 42 of Schedule 2 (shops or catering, financial or professional services establishments).

Section 3 Prescribed manner in which planning permission to be withdrawn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.

Section 4 Notice of withdrawal – prescribed manner and period

For the purposes of section 108(3C)(c) of the Act—

(a) the prescribed manner in which notice of the withdrawal is to be published is in the manner described in paragraphs (1) to (5) of article 5 of the GPDO; and

(b) the prescribed period is 24 months.

Section 5 Notice of withdrawal, revocation, amendment or directions – prescribed manner and period

For the purposes of section 108(3D)(c) of the Act—

(a) the prescribed manner for publication of notice of the revocation, amendment or directions is in the manner described in paragraphs (7) and (8) of article 34 of the DMPO; and

(b) the prescribed period is 24 months.

Section 6 Transitional provision

These Regulations shall not apply in relation to any withdrawal of planning permission for development of a description prescribed in regulation 2(f), where, before 1st December 2011, either—

(a) notice of the direction withdrawing that permission has been given in accordance with article 5(1) of the GPDO, or

(b) the direction is one to which article 6 of the GPDO (directions with immediate effect) applies and the direction has come into force.

Section 7 Revocation

The Town and Country Planning (Compensation) ( No. 3) (England) Regulations 2010 are revoked.