The list below is a record of advice the Planning Inspectorate has provided in respect of the Planning Act 2008 process.
There is a statutory duty under section 51 of the Planning Act 2008 to record the advice that is given in relation to an application or a potential application and to make this publicly available. Advice we have provided is recorded below together with the name of the person or organisation who asked for the advice and the project it relates to. The privacy of any other personal information will be protected in accordance with our Information Charter which you should view before sending information to the Planning Inspectorate.
Note that after a project page has been created for a particular application, any advice provided that relates to it will also be published under the ‘s51 advice’ tab on the relevant project page.
Advice given between between 1 October 2009 and 14 April 2015 has been archived. View the archived advice.
General
Enquiry
Since S160 of the Housing & Planning Act allowed for residential development to be included in NSIPs to an extent, have there been changes to your website content and any guidance around this at all?
I have been trying to establish whether this change took immediate effect or if not, when it might come into effect – are you able to advise please? The commencement regs I can find for the 2016 act don’t seem to include S160, but I’m not sure whether it needs to be included or not in those.
Advice given
s216 of the Housing and Planning Act 2016 (HPA) deals with commencement. s216(3) HPA applies to the changes to the Planning Act 2008 provided by s160 HPA. The provisions under s160 HPA will not come into force until the Secretary of State appoints regulations (makes the commencement Order). We are expecting for that Order to be made on the next common commencement date - 6 April 2017 – at which point it will be published to our website.
It is reasonable to assume that the publication of associated DCLG guidance will be concurrent with the making of the Order; or shortly afterwards. For your information a Briefing Note and draft Guidance were published in October 2015 and are available to read on .gov, here: attachment 1
