The Wireless Telegraphy (Exemption) (Amendment) (No. 2) Regulations 2026
The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2023 amends the existing procedures that local planning authorities in England must follow when dealing with applications for development permission, specifically modifying time limits, consultation requirements, and notification processes for certain types of planning submissions.
Arguments For
The amendments aim to streamline and accelerate the determination of planning applications by introducing new time limits for specific types of development.
Introducing clearer procedural requirements for certain applications, such as those involving mandatory pre-application consultation or requirements for specific accompanying documents, may improve the quality and completeness of submissions upfront.
Adjustments to the mandatory consultation periods or requirements for certain minor developments can reduce administrative burden on local planning authorities and applicants for straightforward cases.
Arguments Against
Imposing new or tighter time limits on local planning authorities (LPAs) might strain resources, potentially leading to rushed decisions or diminished scrutiny of complex applications.
Introducing mandatory pre-application consultation or specific documentation requirements could increase up-front costs and complexity for smaller developers or those undertaking minor projects.
Changes to established procedures, even for streamlining, may cause temporary confusion or operational disruption as LPAs and the public adapt to the revised regulations.
The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2023
This is the official title of the statutory instrument being introduced, indicating it legally modifies existing regulations related to how planning applications are managed in England.
- Citation and commencement
(1) This Order may be cited as the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2023 and shall come into force on 21st June 2023.
(2) This Order amends the Town and Country Planning (Development Management Procedure) (England) Order 2015[1] (“the 2015 Order”).
This part formally names the Order and establishes that it became legally effective on June 21st, 2023.
It also clarifies that the procedures detailed in this new Order modify the existing regulations set out in the Town and Country Planning (Development Management Procedure) (England) Order 2015.
- Amendment of the 2015 Order
Article 15 of the 2015 Order is amended as follows:
(a) in paragraph (1), in the definition of “specified development”, after “local planning authority” insert “or the Secretary of State if the application has been referred to the Secretary of State under article 29 or 30”;
(b) in paragraph (3), for “the Welsh Ministers” substitute “the Welsh Ministers, or the Secretary of State if the application has been referred to the Secretary of State under article 29 or 30”; and
(c) in paragraph (7), for “the Welsh Ministers” substitute “the Welsh Ministers, or the Secretary of State if the application has been referred to the Secretary of State under article 29 or 30”.
This provision modifies Article 15 of the 2015 Order, which likely pertains to the definition and handling of 'specified development' within the planning process.
The amendment expands the definition of 'specified development' to include cases where the planning application has been called in or referred to the Secretary of State, in addition to applications handled directly by the local planning authority.
- Article 15A – Mandatory pre-application consultation
(1) Where an application for planning permission for development of a description mentioned in article 15(1) is made, the local planning authority must not determine the application unless the applicant has carried out pre-application consultation in respect of the development proposed in the application, in accordance with the requirements set out in Schedule 1A.
(2) The requirement in paragraph (1) does not apply where:
(a) the application is for planning permission for development which is the same as, or not materially different from, development which has previously been the subject of an application for planning permission which was determined within the preceding 12 months by the local planning authority, and the local planning authority is satisfied that the previous consultation process in relation to that application was adequate for the current application; or
(b) the local planning authority is satisfied that the pre-application consultation process required by Schedule 1A has been carried out in relation to the development proposed in the application to a sufficient extent to enable the local planning authority to determine the application.
Article 15A introduces a new mandatory requirement for certain types of development, defined in Article 15(1), meaning the local planning authority cannot decide on the application until the applicant first carries out pre-application consultation following the rules laid out in a new Schedule 1A. Exceptions exist if the exact same development was recently approved and the previous consultation was deemed sufficient, or if the authority agrees the consultation carried out so far meets the necessary standard.
- Article 22 – Time periods for determinations
Article 22 is amended as follows:
(a) in paragraph (1), for “the following table” substitute “the following table in this paragraph”;
(b) in paragraph (1), before the table insert “The time periods for the determination of applications for planning permission or for the grant of a consent under section 42 of the Act are set out in”;
(c) in paragraph (1)(a), for “is a” substitute “is a non-major development which falls within the description in the following table”;
(d) in paragraph (1)(a), after the table insert “; or
(e) is a major development which falls within the description in the following table”;
(e) in paragraph (1)(c), for “The local planning authority may extend the period applicable under this article by agreement in writing with the applicant.” substitute “The local planning authority may extend the period applicable under this article by agreement in writing with the applicant for a maximum of one occasion for a period not exceeding 6 months in relation to an application for planning permission for a non-major development, or for a maximum of one occasion for a period not exceeding 9 months in relation to an application for planning permission for a major development. Any extension must be agreed in writing with the applicant before the expiration of the original period.”
This section alters Article 22 concerning the statutory time limits for deciding planning applications.
It clarifies the distinction and separate table references for 'non-major' versus 'major' development decisions.
Crucially, it imposes limits on how long authorities can extend these decision periods by written agreement with the applicant: a maximum of six months (one occasion) for non-major development, and a maximum of nine months (one occasion) for major development.
- Omission of Article 22A
Article 22A of the 2015 Order is omitted.
This step entirely removes Article 22A from the existing 2015 Order regulations.
It implies that the procedure or rule previously governed by Article 22A is no longer in effect or has been superseded by other changes in the 2023 Order.
- Article 23 – Further provisions relating to time periods
Article 23 is amended as follows:
(a) in paragraph (2), for “the period applicable under article 22” substitute “the period applicable under article 22(1)”; and
(b) in paragraph (4), for “the period applicable under article 22” substitute “the period applicable under article 22(1)” in both places where it occurs.
Article 23 relates to further rules supporting the time limits set out in Article 22.
The amendment ensures that where Article 23 refers to the statutory decision period, it specifically cites 'article 22(1)', maintaining clarity on which time frame measurement is being referenced.
- Insertion of Schedule 1A – Mandatory Pre-application Consultation
After article 28 of the 2015 Order, the following new article is inserted:
“Article 28A – Procedure where development is specified development
(1) Where an application for planning permission is made for development which is “specified development” as defined in article 15(1), article 22(1)(a) shall not apply to that application.
(2) Where an application for planning permission is made for development which is “specified development” as defined in article 15(1), article 22(1)(c) shall not apply to that application.
(3) Where an application for planning permission is made for development which is “specified development” as defined in article 15(1), the time period for the determination of that application shall be 16 weeks.”
The Order introduces a new Article 28A to handle 'specified development' (which now includes applications referred to the Secretary of State, as per Article 2 of this Order).
This new article overrides the standard time limits (22(1)(a) and 22(1)(c)) for these specific applications.
Instead, it establishes a fixed determination period of 16 weeks for any application concerning 'specified development'.
- Insertion of Schedule 1A – Mandatory Pre-application Consultation
After article 28A of the 2015 Order, the following new Schedule is inserted:
“Schedule 1A – Mandatory Pre-application Consultation
- The consultation must be carried out with:
(a) local residents whose dwelling houses address is within 50 metres of the boundary of the land subject to the proposed development;
(b) statutory consultees identified by the local planning authority as being likely to have an interest in the development;
(c) any other person the local planning authority considers appropriate to consult.
The consultation must begin not less than 21 days before the application is submitted to the local planning authority.
The applicant must provide the local planning authority with a consultation report, which must include:
(a) details of the persons consulted;
(b) the date and method of the consultation;
(c) a summary of the issues raised during the consultation;
(d) the applicant’s response to those issues, explaining how they have addressed or accommodated any concerns raised, or why they have not.
- The local planning authority must not register the application unless the consultation report is submitted.”
This inserted Schedule 1A details the mandatory pre-application consultation requirements introduced by Article 15A (§3).
Consultation must happen at least 21 days before submission and involve immediate neighbors (within 50 metres), relevant statutory bodies, and others deemed appropriate by the local authority.
The applicant must then submit a comprehensive report detailing who was consulted, what was said, and how the applicant responded to concerns; without this report, the application cannot be formally registered.
Related
Correction Slip
Corrected two typographical errors in The Lyme Regis, Bridport (West Bay) and Weymouth Harbour Revision Order 2026 regarding the terms 'principle'/'principal' and the place name 'Reis'/'Regis'.
Read MoreThe Air Navigation (Restriction of Flying) (Dinas Powys, Wales) (Emergency) (Revocation) Regulations 2026
* The Air Navigation (Restriction of Flying) (Dinas Powys, Wales) (Emergency) Regulations 2026 were revoked, immediately lifting emergency flight restrictions over the specified area.
Read MoreThe Air Navigation (Restriction of Flying) (Dinas Powys, Wales) (Emergency) Regulations 2026
Regulations immediately restricted unmanned aircraft below 1,400 feet over a specified area in Dinas Powys, Wales, due to an emergency.
Read MoreThe Tribunal Procedure (First-tier Tribunal) (Property Chamber) (Amendment) Rules 2026
The Rules amended the 2013 Tribunal Procedure for the Property Chamber to incorporate jurisdiction under the Renters' Rights Act 2025 and adjusted provisions related to costs orders for Housing Act 1988 financial penalty appeals.
Read More