What's new in DCP Issue 132 (May 2015)

The following details the sections that have been updated as part of the issue 132 (May 2015) revision to DCP.

The sections that have been updated this issue include:
•    Conditions (4.4) where the six general tests of the vires of conditions are discussed (4.412).

•    Relationship of conditions to planning obligations (4.43) which considers whether conditions can be used to secure financial contributions.

•    Markets and car boot sales (13.7) which looks at the impact of markets on the vitality and viability of existing shopping centres (13.732).

•    Farm shops (13.8) where the argument that retailing is ancillary to an agricultural use is looked at (13.811).

•    Agricultural buildings (22.1) which looks at whether moveable structures are development (22.112).

DCP Online contains current legislation and policy documents as well as a wide range of superseded documents, which can be found in the contents menu after chapter 37.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
•    Starter homes exception sites
•    Business Improvement Districts guidance and best practice
•    Dealing with illegal and unauthorised encampments

Acts of Parliament and Statutory Instruments folder
•    The Community Infrastructure Levy (Amendment) Regulations 2015 (located in the Community Infrastructure Levy Regulations folder)
•    Development Management Procedure (England) Order 2015 (located in the Development Management Procedure Order folder)
•    Environmental Impact Assessment (Amendment) Regulations 2015 (located in the Environmental Impact Assessment Regulations folder)
•    General Permitted Development (England) Order 2015 (located in the General Permitted Development Order/England folder)
•    The Infrastructure Act 2015 (Commencement No. 2 and Transitional Provisions) Regulations 2015 (located in the Infrastructure Act 2015 folder)
•    Environmental Impact Assessment Preliminary Environmental Information, Screening and Scoping (located in the Infrastructure Planning Regulations/Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 folder)
•    The Infrastructure Planning (Interested Parties and Miscellaneous Prescribed Provisions) Regulations 2015 (located in the Infrastructure Planning Regulations folder)
•    The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (located in the Infrastructure Planning Regulations folder)
•    The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) (Amendment) Regulations 2015 (located in the Infrastructure Planning Regulations folder)
•    The National Park Authorities (England) Order 2015
•    The Planning and Compulsory Purchase Act 2004 (Commencement No. 14 and Saving) Order 2015 (located in the Planning and Compulsory Purchase Act 2004 folder)

Please also note that the National Planning Practice Guidance website has been updated in the following ways:
•    Permitted development rights for the change of use of agricultural buildings - A new page on "Permitted development rights for the change of use of agricultural buildings" has been added to the section on "When is permission required?" This sets out to clarify when agricultural buildings can be converted under permitted development rights, and, for this purpose, defines flexible, educational or residential use classes.
•    Housing and local plans - Planning Practice Guidance relating to housing, economic development needs assessments, economic land availability assessment and local plans has been amended, in particular how it relates to housing for older people.
•    Flooding and the Community Infrastructure Levy- Revisions to the Planning Practice Guidance here mainly concern flood control and water quality, but also Community Infrastructure Levy and temporary stop notices.
•    Before submitting an application, Environmental Impact Assessment, Housing and economic development needs assessments, Local Plans and Planning obligations – Various parts of Planning Practice Guidance were updated here.
•    EIA, Renewable energy, Flood risk - Planning Practice Guidance was updated to take account of new Development Management Procedure legislation. Other updates relate to changes in the Environment Agency role regarding flood control advice.

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