Tree Preservation Orders - consultation

The Department for Communities and Local Government has published a consultation on proposals for streamlining Tree Preservation Orders (TPOs). As seems to be usual these days, the consultation includes draft (but fairly final) Regulations which will be published in 2011.

The aim is to consolidate the existing legislation by providing a simplified model Order which will consist of a list of trees and a map identifying them. All new TPOs would have immediate provisional effect and there will be reduced requirements on local authorities to publicise TPOs. There will be simplified regulations relating to exemptions, duration of consents and conditions.

The consultation period closes on 20 December 2010.

Town and Country Planning (Development Management Procedure) Order 2010

This Order replaces the General Development Procedure Order (not the General Permitted Development Order!) and consolidates the former Order with all its subsequent amendments.

The new Order includes an amendment which will allow (in some circumstances) applicants with partially implemented outline permissions to apply for a replacement permission with a new time limit. The November 2009 guidance on greater flexibility for planning permissions, referred to in the January 2010 edition of property update, has been amended to update the legal position on appeals relating to non-material amendments to existing permissions.

Planning Inspectorate will survive

Although the Planning Inspectorate was included in the Coalition Government's list of agencies which could potentially be abolished in the anticipated round of public sector cuts, we now understand that it will remain. The Infrastructure Planning Commission will be abolished although no details are yet available.

The retention of the Inspectorate is welcomed - the experience and support it provides to the appeals system would be hard to replace.

Community Infrastructure Levy

The enabling regulations for the Community Infrastructure Levy (CIL) have been in place for some time. However, the requirement to pay CIL depends on the adoption by the relevant local planning authority of a charging tariff.

Few authorities have adopted the Local Development Document (LDD) necessary to create a charging tariff and we are all waiting for the Coalition Government to announce its proposals for this and other planning related changes.

Until those proposals are known, it is unlikely that any other authorities will spend scarce resources in preparing the LDD and charging CIL.