Planning related provision of LURA

High level summary of provisions

When the provisions come into force

Part 3

Planning 

section 106 (street votes): in 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;

These provisions relate to Street Votes Development Orders  and are brought into force for the limited purpose of enabling regulations and development orders to be made.

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 
a power to make regulations).

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

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

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. 

Part 4

Changes the prison terms permitted for CIL enforcement offences to the following: 

"Regulations under this section creating a criminal offence may not provide for— (a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only, 

(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or 

(c) imprisonment for a term exceeding 2 years, on conviction on indictment. 

(12) In subsection (11)(a), “the maximum term for summary offences” means— (a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months; (b) in relation to an offence committed after that time, 51 weeks

Part 5

Part 6

(including Schedule 13 so far as it relates to Part 6)

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

Part 7

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

Part 9

section 181 (online publicity), so far as it confers a power to make regulations;

Section 181  amends those parts of  the Acquisition of Land Act 1981, which set out the publicity requirements for certain documents and notices issued as part of the compulsory purchase order (“CPO”) process. 

Section 181 introduces requirements to publish documents and notices online. Section 11 includes a power to prescribe the form of notice to be published online by regulations.

section 184 (corresponding provision for purchases by Ministers), so far as it relates to the provisions of para 1 of schedule Schedule 19  (see below) 

paragraph 1 (online publicity) of Schedule 19 (compulsory purchase: corresponding provision for purchases by Ministers), so far as it confers a power to make regulations.

These provisions bring into force paragraph 1 of Schedule 19 to the Act for the purpose of making regulations. 

Paragraph 1 of Schedule 19 to the Act inserts paragraph 3A and amends paragraphs 2, 3 and 6 of Schedule 1 to the Acquisition of Land Act 1981, which sets out the publicity requirements for certain documents and notices issued as part of the CPO process when CPO powers are used by Ministers. Paragraph 1 of Schedule 19 introduces requirements to publish documents and notices online. Paragraph 1(3)(a)(ii) of Schedule 19 amends paragraph 2(1) of Schedule 1 to the Acquisition of Land Act 1981 such that the Minister acquiring the land must “publish a notice [of the draft compulsory purchase order] in the prescribed form on an appropriate website”. Section 7(2) of the Acquisition of Land Act 1981 provides that “[a]nything which … is required or authorised to be prescribed shall be prescribed by regulations made by the Secretary of State by statutory instrument”. When read together, those two provisions empower the Secretary of State to prescribe the form the Minister must use when notifying the draft compulsory purchase order on an appropriate website

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 185   inserts new section 13D into the Acquisition of Land Act 1981, giving confirming authorities the power to extend the time limit for implementation of a compulsory purchase order. It amends sections 4 and 4A of the Compulsory Purchase Act 1965 and sections 5A and 5B of the Compulsory Purchase (Vesting Declarations) Act 1981, which set out the current statutory time limits within which compulsory purchase powers under a CPO must be implemented after it has been confirmed and makes consequential amendments to section 582 of the Housing Act 1985.

Section 186  inserts a new section 8A into the Compulsory Purchase (Vesting Declarations) Act 1981 to allow for the landowner and acquiring authority to agree to vary the date on which an interest in land being compulsorily acquired will vest in the acquiring authority.

Section 187 empowers the Secretary of State to make regulations to set data standards in relation to certain CPO information.

 Section 188  amends sections 6D and 6E of the Land Compensation Act 1961 which define the ‘scheme’ for the purpose of assessing compensation. These sections provide that where land is acquired for regeneration or redevelopment which is facilitated or made possible by a relevant transport project, the ‘scheme’ includes the relevant transport project. The amendments ensure that the definition of ‘scheme’ includes any re-development, regeneration and improvement that form part of the ‘scheme’.

Sub-regulations (1), (3), (4), (5) and (6) relating to sections 185, 189 and 190 ensure the amendments do not affect CPOs that have crystallised in the public domain before the relevant sections come into force to avoid changing the law applicable to those CPOs mid-process. 

Sub-regulation (2) relating to section 186 ensures the amendments do not apply to general vesting declarations executed before the relevant sections come into force to avoid changing the law applicable to those general vesting declarations mid-process.

Part 10