Proposed changes to the Town and Country Planning (Development Procedure) Order and the Town and Country Planning (Application and Appeal Fees) Order

Overview

As part of the Built Environment Reform Programme (“BERP”) and to facilitate the Department of Environment, Food and Agriculture’s (DEFA) core functions changes are proposed to the following secondary legislation which is made under the Town and Country Planning Act 1999 (“the Planning Act”):

• the Town and County Planning (Development Procedure) Order 2019 (“the DPO”); and
• the Town and Country Planning (Application and Appeal Fees) Order 2021 (as amended in 2023) (“the Fees Order”).

This legislation sets out how applications are dealt with for:

• planning approval (e.g. new buildings, extensions/changes to existing buildings, changes of use etc.);
• minor changes to existing planning approval; and
• approval of information required by a condition attached to a planning approval.

What is proposed?

A consultation document is available to download and sets out the proposed changes, which in summary relate to:

• reviewing the ability to trigger/participate in an appeal (Interested Person Status);
• introducing a new fast track householder appeal process;
• streamlining how DEFA applications are dealt with (so there is more resource to focus on delivering planning services to the public);
• expanding Minor Change provisions so that approvals which incorporate fossil fuel boilers can be amended to remove them;
• establishing a proportionate requirement for climate change information within applications;
• targeted amendments to planning fees; and
• a number of other minor amendments.

Why are changes being made?

The Built Environment Reform Programme (BERP) was launched in July 2022 and refreshed in May 2023.  It is a package of measures including (but not limited to) improvements to the planning system to facilitate delivery of Our Island Plan and the Economic Strategy.  The legislative changes proposed in this consultation will contribute to the delivery of the programme.

Consultation Responses

This consultation is anonymous. Your response will published as part of a larger summary response document.

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What happens next

The consultation results will be considered and any necessary amendments made to the DPO and Fees Order.  The final versions of the orders will be ‘made’ by DEFA and must then be laid before Tynwald, who have the power to annul them.  It is envisaged that the orders will come into force before the Tynwald summer recess 2024.