LURA has landed: Updated commencement table below
Earlier this week, I published a table (based on the latest version of the LURB) estimating when the planning sections of the Levelling-Up and Regeneration Act would come into force.
I promised to update the table when the Act was published. It now has been* and so, as promised, here is the updated table.
Again, this only covers the main planning sections of the Act (Parts 3 to 7 and 9 and 10) and the information is taken from s.255 of the Act (commencement and transitional provisions).
The only major changes (numbering aside) relate to ancient woodlands and BNG.
The anti-avoidance provisions for BNG are now dependent on future regulations. The duty on the Secretary of State to strengthen protections for ancient woodlands, however, comes into force on 26 December 2023.
| Planning related provision of LURA | High level summary of provisions
| When the provisions come into force |
| Part 3 | Planning | |
| Sections 108 and 109 (so far as it confers a power to make regulations or to make a development order). | s.108 - empowers the Secretary of State to change the EIA regulations to allow for street votes s.109 - relates to powers enabling ‘urgent crown development’ applications to be made directly to the Secretary of State in certain circumstances and sets out the procedures for doing so (the details need to be set out in secondary legislation of some kind). | Come into force at the end of the period of two months beginning with the day on which this Act is passed. 26 December 2023 |
Sections 112, 113 and 114 (so far as conferring
| s.112 - introduces the power to issue completion notices if a development is being built out ‘unreasonably slowly’ and sets out the procedure for doing so. s.113 - introduces the power for LPAs to decline to determine applications in cases of earlier non-implementation or unreasonably slow build-out. s.114 - introduces the power to impose conditions relating to development progress reports on specified residential planning permissions in England – detail to be set out in secondary legislation. | Come into force at the end of the period of two months beginning with the day on which this Act is passed. 26 December 2023
|
| Sections 121, 126 to 128. | s. 121 - Grants the Secretary of State the power to provide relief from enforcement of planning conditions in certain circumstances – the detail is to be set out by way of secondary legislation. s.126 - Ability to introduce fees for certain services in relation to nationally significant infrastructure projects. s.127 - Power to shorten deadline for examination of development consent order applications. s.128 - Introduces additional powers in relation to non-material changes to development consent orders. | come into force at the end of the period of two months beginning with the day on which this Act is passed. 26 December 2023 |
Sections 130 to 133 and 136.
| s.130 – Introduces a wide-ranging power to make regulations and orders under the Planning Acts. s.131 – Introduces a power for appointees to vary determinations as to procedure. s.132 – Enables the pre-consolidation amendment of planning, development and compulsory purchase legislation. s.133 – Provisions enabling the participation in certain proceedings conducted by, or on behalf of, the Secretary of State (i.e. PINS proceedings) via remote means. s.136 - A requirement that the Secretary of State vary the Town and Country Planning (Consultation) (England) Direction 2021 (“the 2021 Direction”) so that it applies in relation to applications for planning permission for development affecting ancient woodland before the end of the period of three months beginning with the day on which this Act is passed.
| Come into force at the end of the period of two months beginning with the day on which this Act is passed. 26 December 2023 |
| Sections 109, 112, 113 and 114 (so far as not already commenced by virtue of paragraph (a)), Schedule 13 (so far as it relates to Chapter 1 of Part 3) and all other provisions in Part 3. | s.109 - Relates to powers enabling ‘urgent crown development’ applications to be made directly to the Secretary of State in certain circumstances and sets out the procedures for doing so (the details need to be set out in secondary legislation of some kind). s.112 - Introduces the power to issue completion notices if a development is being built out ‘unreasonably slowly’ and sets out the procedure for doing so. s.113 - Introduces the power for LPAs to decline to determine applications in cases of earlier non-implementation or unreasonably slow build-out. s.114 - Introduces the power to impose conditions relating to development progress reports on specified residential planning permissions in England – detail to be set out in secondary legislation. sch. 13 - Regulations under chapter 1 of Part 3 or Part 6: restrictions on devolved authorities. Literally everything else in Part 3 – including the changes to Local Plan making, the removal of the four-year enforcement period, the BNG provisions, and the heritage changes.
| come into force on such day as the Secretary of State may by regulations appoint. |
| Part 4 | Provisions to introduce the Infrastructure Levy and change the Community Infrastructure Levy. | come into force on such day as the Secretary of State may by regulations appoint. |
| Part 5 | Provisions relating to Community Land Auction Pilots. | come into force on such day as the Secretary of State may by regulations appoint. |
Part 6 (including Schedule 13 so far as it relates to Part 6) | Provisions relating to Environmental Outcome Reports. | comes into force at the end of the period of two months beginning with the day on which this Act is passed. 26 December 2023
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| Part 7 | Provisions relating to Nutrient Pollution Standards. | comes into force at the end of the period of two months beginning with the day on which this Act is passed. 26 December 2023
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| Part 9 | Changes to Compulsory Purchase. | come into force on such day as the Secretary of State may by regulations appoint. |
| Part 10 | Provisions relating to High Street Rental Auctions | come into force on such day as the Secretary of State may by regulations appoint. |
*Link to the legislation is below
Act of Parliament (1)
Full text of the Act of Parliament as passed by Parliament (this is the Act in its original state. The Act may have been amended by another Act and any such amendments are not shown in this version).”
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