Welcome to this month's Inform: Planning & Environmental
This month we look at the new Town and Country Planning (Development Management Procedure) Order 2010, changes to Permitted Development rights for small scale houses in multiple occupation, proposals for streamlining Tree Preservation Orders (TPOs) and a brief look at the implementation of the Flood and Water Management Act 2010.
The Town and Country Planning (Development Management Procedure) Order 2010
This Order which came into effect on 1 October 2010. It is a consolidated version of the Town and Country Planning (General Development Procedure) Order 1995 and it's numerous amendments up to 6 April 2010. The name had been changed so that confusion with the General Permitted Development Order no longer occurs. The new DMPO has been reorganised to reflect the processes involved in dealing with planning applications from when an application is made through to determination. A useful table highlighting the replacement numbering is attached to the Explanatory Memorandum.
The new DMPO also incorporates some changes. One of these changes is the ability to make an application for a replacement outline planning permission subject to a new time limit where it was intended at the time of determination, that the development would be undertaken in phases and one or more of those phases have commenced. A new design and access statement will not be required and consultation requirements will be modified. This provision only relates to outline planning permissions which were granted on or before 1 October 2009. Listed Building Consents and Conservation Area Consents which are linked to these outline permissions can also be replaced.
The Town and Country Planning (General Permitted Development) (Amendment) (No2) (England) Order 2010
This Order also came into effect on 1 October 2010 and gives permitted development rights to a change of use from Class C3 (dwelling houses) to small scale uses falling within Class C4 (houses in multiple occupation), and from Class C4 to Class C3.
Tree Preservation Orders: proposals for streamlining
Government has issued it's proposals to consolidate legislation and streamline TPOs. The proposals do not change the level of protection provided to trees but aims to simplify the procedures which were originally put in place in 1947.
It is proposed that all new TPOs will come into force on the date they are made and that unless they are confirmed within a period of six months, the TPO would lapse.
It is also proposed to remove the current exception to requiring consent relating to 'dying' trees as too often this has been confused with 'diseased' resulting in trees being removed. Works to a tree which has become dangerous will continue to be exempt. The consultation paper on these proposals can be found by clicking here.
Flood and Water Management Act 2010
This Act received the Royal Assent in April of this year. It is an Act which takes forward the three Government strategy documents Future Water, Making Space for Water and Sir Michael Pitt's review of the 2007 summer floods. Certain sections in relation to definitions within the Act came into force on 1 September and on 1 October some further minor provisions come into force.
From a Developers perspective it must be noted that the Act will remove the automatic right to connect surface water drains to the public network. Connection of surface water to surface water or combined sewers will be dependent on the drainage system being approved by the Sustainable Drainage Systems Approving Body (the Unitary or County Council for the area) as meeting new National Standards. The right to connect to the foul water sewerage system will remain however an adoption agreement (which must set out the standards to which the sewer or drain must be constructed) with the relevant water and sewerage company will be a pre requisite. Developers must have their drainage systems approved against the new National Standards before building can commence.
The National Standards which will cover design, construction operation and management of Sustainable Drainage Systems are still to be published by the Secretary of State.
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.
