Today's entry reports on the ever-changing landscape of Planning Act legislation, guidance and advice.
With news that two of the Planning Inspectorate's advice notes for the Planning Act regime have been updated - although they haven't reflected that in their own change log yet - here is the latest state of play and how to keep up to date.
To use the Planning Act regime accurately and effectively, there are three levels of documentation to pay attention to. First, there is legislation, which must be obeyed, then there is guidance from the Department for Communities and Local Government, which should normally be followed and finally, there is advice from the Planning Inspectorate, which it would also be a good idea to follow. Every piece of legislation, guidance and advice has been amended in the last 18 months, and more than half of it has been updated in the last 6 months.
Here is a table of the 32 documents you need to be aware of, plus three that have been revoked or withdrawn - one of each type, as it happens.
| Type | Name | Latest | Date |
|---|---|---|---|
| Legislation | Planning Act 2008 | Amended | July 2013 |
| Legislation | Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 | Amended | April 2013 |
| Legislation | Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 | Amended | April 2013 |
| Legislation | Infrastructure Planning (Compulsory Acquisition) Regulations 2010 | Amended | April 2013 |
| Legislation | Infrastructure Planning (Decisions) Regulations 2010 | Amended | April 2012 |
| Legislation | Infrastructure Planning (Examination Procedure) Rules 2010 | Amended | April 2012 |
| Legislation | Infrastructure Planning (Fees) Regulations 2010 | Amended | April 2013 |
| Legislation | Infrastructure Planning (Interested Parties) Regulations 2010 | Amended | April 2013 |
| Legislation | Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010 | Amended | April 2013 |
| Legislation | Infrastructure Planning (Model Provisions) (England and Wales) Order 2009 | Revoked | April 2012 |
| Legislation | Infrastructure Planning (National Policy Statement Consultation) Regulations 2009 | Amended | April 2013 |
| Guidance | Application Form Guidance | Amended | June 2013 |
| Guidance | Associated Development Guidance | Amended | April 2013 |
| Guidance | Compulsory Purchase Guidance | Amended | September 2013 |
| Guidance | Costs Awards Guidance | Amended | July 2013 |
| Guidance | Examination Guidance | Amended | April 2013 |
| Guidance | Fees Guidance | Amended | June 2013 |
| Guidance | Local Authorities Guidance | Withdrawn | January 2013 |
| Guidance | Pre-application Guidance | Amended | January 2013 |
| Advice | Advice note one (Local Impact Reports) | Amended | April 2012 |
| Advice | Advice note two (Working Together on NSIPs) | Amended | April 2012 |
| Advice | Advice note three (EIA Consultation) | Amended | July 2013 |
| Advice | Advice note four (Section 52) | Amended | October 2013 |
| Advice | Advice note five (Section 53) | Amended | October 2013 |
| Advice | Advice note six (Application Documents) | Amended | June 2012 |
| Advice | Advice note seven (Screening and Scoping) | Amended | July 2013 |
| Advice | Advice note eight (How to Get Involved) | Amended | April 2012 |
| Advice | Advice note nine (Rochdale Envelope) | Amended | April 2012 |
| Advice | Advice note ten (Habitats) | Amended | August 2013 |
| Advice | Advice note eleven (Public Bodies) | Amended | April 2012 |
| Advice | Advice note twelve (Transboundary Effects) | Amended | April 2012 |
| Advice | Advice note thirteen (Preparing a DCO) | Amended | April 2012 |
| Advice | Advice note fourteen (Consultation Report) | Amended | April 2012 |
| Advice | Advice note fifteen (Advice Digest) | Withdrawn | April 2012 |
| Advice | Advice note sixteen (Preapplication Consultation) | Amended | April 2012 |
You will see that the two most recently updated advice notes are on sections 52 and 53. Those two sections are about forcing information from people about land interests, and compelling them to let you onto their land before getting a DCO - or even making an application - for surveys etc. Details of the changes have not been set out but the latest version of each advice note starts by saying that it 'includes revisions made in response to emerging best practice on projects'.
How to keep track of it all? A bit self-serving, but this is actually something that lawyers are quite good at. Most law firms subscribe to on-line resources that provide up to date versions of legislation and alerts to amendments, but of course those most immersed in the regime will be well aware of upcoming changes anyway. The guidance does not change so often and is easier to keep track of - the light touch review led to a second edition of each guidance note, and the 2014 review is likely to lead to a third of some or all of them. Finally, the PINS website maintains a change log of updates to advice notes, although this isn't always updated immediately.
It almost goes without saying that using out of date versions of any of the above increases the three main risks of time delays, cost increases and adverse decisions, so definitely something best avoided. This blog will keep you abreast of changes, but it is no substitute for your own paid-for legal advice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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