Change To Regulations To Facilitate Local Authority Development Proposals

Whilst changes to legislation are usually the last thing LPAs welcome, the same may not be true of the Town and Country Planning General (Amendment) (England) Regulations 2018 (the 2018 Regulations) which come into force on 23 February 2018.

Whilst planning permissions usually run with the land, meaning that they can be implemented by anyone, the same has not been true of permissions granted by a LPA for its own development (or in the case of a joint development, the LPA and other person specified within the planning application) as a consequence of Regulation 9 of the Town and Country Planning General Regulations 1992 

The 2018 Regulations will remove Regulation 9 with the effect that planning permissions granted by LPAs to themselves will now run with the land.

The 2018 Regulations will not affect planning permission granted prior to 23 February 2018, but their coming into force will equip LPAs with a further means of facilitating development in their areas. LPAs utilising this small but powerful change in the Regulations can plan ahead in terms of development by ensuring their land is sold for a use that benefits the area by virtue of the planning permission that runs with it.

In theory this is a positive change for LPAs, but whether or not they make use of the potential benefits remains to be seen.