The Planning and Compulsory Purchase Act 2004

 

 

 

 

This Act makes changes to the way the Development Plan system is operated. Regional Planning is to be strengthened and given greater emphasis.

 

Other provisions include giving the Local Planning Authority the right to decline to determine “twin tracked” applications. Changes are made to the way planning obligations are operated under Section 106 of the T & C Planning Act 1990. These allow applicants to make a payment according to a fixed tariff or reach an agreement similar to an existing Section 106 agreement.

 

The mechanism for compulsory purchase of land has changed and local authorities now have wider powers. It gives the rights for under tenants to be heard at public inquiries instead of just owners and head lessees.

 

In future planning permissions will endure for only three years if not implemented, rather than the previous five. Planning Authorities will have the right to issue temporary "stop notices" lasting for 28 days without first  having to serve an enforcement notice. Planning Application fees are to increase.

 

The provisions come into force between 2004 and 2006.