Updated – Levelling Up and Regeneration Act 2023 Commencement Regulations

The Government is continuing with it’s legislative programme and has started to release commencement regulations for changes to the English Planning System under the Levelling Up and Regeneration Act. These regulations are found under:

The Levelling-up and Regeneration Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024 2024 No. 92 (C. 6) UK Statutory Instruments

The Elections Act 2022 (Commencement No. 11, Transitional Provisions and Specified Day) and Levelling-up and Regeneration Act 2023 (Commencement No. 1) Regulations 2023

The Levelling-up and Regeneration Act 2023 (Commencement No. 3 and Transitional and Savings Provision) Regulations 2024 No. 389 (C. 21)

The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement
No. 4 and Transitional Provisions) Regulations 2024

The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024

Here is the combined list of commencement provisions. This list will be updated as more regulations are brought forward.

The following provisions of the 2023 Act came into force on 26th December 2023—

Section 226 – Enforcement of requirements

Section 228 – Registration of short-term rental properties

Section 229 – Pavement licenses

The following provisions of the 2023 Act came into force on 31st January 2024—

Section 78 – Capital finance risk management

Section 81 – Alteration of Street Names England

Section 94 – National development management policies: meaning

Section 106 – Street votes, so far as it confers a power to make regulations and so far as it relates to the provisions of Schedule 9 brought into force by paragraph (q)

Section 107 – Street votes: community infrastructure levy, so far as it confers a power to make regulations

Section 123 – Duty in relation to self-build and custom housebuilding

Section 129 – Hazardous substances consent: connected applications to the Secretary of State

Section 140 – Enforcement of community infrastructure levy

Section 180 – Acquisition by local authorities for purpose of regeneration

Section 181 – Online publicity, so far as it confers a power to make regulations

Section 184 – Corresponding provision for purchases by Ministers, so far as it relates to the provisions of Schedule 19 brought into force by paragraph (r)

Section 185 – Time limits for implementation

Section 186 Agreement to vary vesting date

Section 187 Common standards for compulsory purchase data

Section 188 ‘No-scheme’ principle: minor amendments

Section 189 Prospects of planning permission for alternative development

The following provisions of the 2023 Act came into force on 12th February 2024—

Section 135 – Biodiversity net gain: pre-development biodiversity value and habitat enhancement

The following provisions of the 2023 Act came into force on 31st March 2024—

Sections 84, 85, 86, 89 – Planning Data Standardisation

Section 91 – Definitions of key terms that are used throughout Chapter 1 of Part 3 of the Act

Section 111 – Planning Commencement Notice

Section 171(7) – New section 135A into the Local Government, Planning and Land Act 1980 (c. 65). The effect of this new section is to give the Secretary of State the power to make regulations setting out how an oversight authority is to oversee the regeneration of a locally led development area

Sections 182 and 183 – Amendments to the operation of Compulsory Purchase Orders

Sections 203, 205, 206, 214, 215 – Local Rental Auctions

Schedule 22 – Amendments to Pavement Licenses

The following provisions of the 2023 Act come into force on 25th April 2024—

Section 103 – temporary stop notices in relation to listed buildings

Section 115 – time limits for enforcement

The amendments made to the 1990 Act by section 115 of the 2023 Act (time limits for
enforcement) do not apply where—
(a) in respect of a breach of planning control referred to in section 171B(1) of the 1990 Act (5) (time limits), the operations were substantially completed, or
(b) in respect of a breach of planning control referred to in section 171B(2) of the 1990 Act (time limits), the breach occurred, before the day on which that section comes into force

Section 116 – duration of temporary stop notices

Section 117 – enforcement warning notices

Section 118 – restriction on appeals against enforcement notices

Section 119 – undue delays in appeals

Section 120 – penalties for non-compliance

Section 122 -Consultation before applying for planning permission

Section 124 – Powers as to form and content of planning applications

The following provisions of the 2023 Act come into force on 30th April 2024—

Section 190 – Power to require prospects of planning permission to be ignored, Compulsory Purchase.

The remainder of section 181 – Online publicity of documents within the CPO Process

The following provisions of the 2023 Act come into force on 7th May 2024—

Section 230 – Historic environment records

The following provisions of the 2023 Act come into force on 25th July 2024—

Section 105 – Removal of compensation for building preservation notice