What's new in DCP Issue 129 (November 2014)

The following details the sections that have been updated as part of the 129 (November 2014) revision to DCP.

The sections that have been updated this issue relate to:

  • Commercial and institutional building conversion (10.3) where the new Class J permitted development rights to convert offices to residential are detailed (10.313).
  • Crime and disorder which considers whether the possibility that the granting of planning permission may lead to the committing of a criminal offence is a material consideration in decision making, rather than a matter to be left to law enforcement agencies after development has taken place (4.124).
  • Law enforcement agencies and considers the contribution of the police as statutory consultee on planning applications and the weight carried by their views and objections in decision making (4.155). Also considered are Licensing authorities (4.156) and Education authorities (4.157) and their role in the planning process.
  • Material change of use which is the so called "second leg" of the definition of what activities require planning permission, as set out at sec.55 of the 1990 Act (4.32), this section also discusses the materiality test (4.321), mixed uses (4.322) and ancillary uses (4.323).


DCP Online contains current legislation and policy documents as well as a wide range of superseded documents, which can be found in the contents menu after chapter 37. We added the following documents to the DCP Online legislation and policy document store:-

English Guidance and Circulars folder

  • Community benefits and engagement guidance for onshore wind
  • Guidance on the pre-application process for major infrastructure projects


English and Welsh Planning Policy folder

  • Planning Policy Wales Edition 7
  • National Planning Policy for Waste


Acts of Parliament and Statutory Instruments folder

  • The Town and Country Planning (Determination of Procedure) (Prescribed Period) (Wales) Regulations 2014 (located in the Determination of Procedure folder)
  • The Planning (Listed Buildings and Conservation Areas) (Determination of Procedure) (Prescribed Period) (Wales) Regulations 2014 (located in the Determination of Procedure folder)
  • The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (located in the Determination of Procedure folder)
  • The Infrastructure Planning (Applications: Prescribed Forms and Procedure) (Amendment) Regulations 2014 (located in the Infrastructure Planning Regulations folder)


Please also note that the National Planning Practice Guidance website has been updated in the following ways:

  • NPPG website - Housing and economic land availability assessment - The DCLG has amended and added to National Planning Practice Guidance website to identify appropriate land to meet development needs.
  • NPPG website - Fees - The DCLG has amended the Fees section of the National Planning Practice Guidance website. This guidance includes confirmation that under the Planning Guarantee, the planning application fee must be refunded to applicants where no decision has been made within 26 weeks.
  • NPPG website - Minerals – The DCLG has amended the Minerals section of the National Planning Practice Guidance website. This guidance includes a response to the question "Should mineral planning authorities allow time extensions to extract peat from existing sites?"
  • NPPG website - Waste – The DCLG has added a Waste section to the National Planning Practice Guidance website. This provides further information in support of the implementation of waste planning policy.
  • NPPG website - Transport evidence bases in plan making. The DCLG has added new guidance on transport evidence bases in plan making to the National Planning Practice Guidance website.


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