Public Consultation - Definition of Development Order & Registered Building Regulations

Overview

This consultation seeks views on two pieces of draft secondary legislation which are to be made under the Town and Country Planning Act - a Definitions of Development Order and updated Registered Building Regulations.

Why changes are being made

Work is ongoing to reform a number of areas of planning legislation.  These changes will work together to:

• Ensure our processes are clear, accessible and proportionate (with appropriate fees)
   
• Provide a responsive approach to customer service and focus on positive outcomes
   
• Make it easier for people to undertake small improvements to their properties and
   
• Implement targeted protection of the most valuable parts of our built heritage

The work will support the implementation of the wider Built Environment Reform Programme (opens in a new tab).

In 2023 Public Consultation took place on proposed changes to the Town and Country Planning Act (opens in a new tab) which included proposals to:

• Provide clarity around the definition of development which will mean better understanding for building owners on what can and can’t be done without planning approval (these changes, together with planned secondary legislation, will provide an opportunity to ensure very minor works can be excluded from needing approval)
   
• Remove the requirement for concurrent planning and registered building applications for the demolition of unregistered buildings in Conservation Areas which will streamline the administration of the planning process both for applicants and the Department and
   
• Clarify the scope of Registrations for historic buildings to allow these to be amended and to allow for exclusions (having clearer and more targeted controls will remove unnecessary restrictions for owners of such buildings on making some types of changes) and make changes to the appeals process to simplify and streamline it

The consultation included an outline of the secondary legislation that would be required to implement the changes – the Definitions of Development Order and updated Registered Building Regulations. Following that consultation the draft Bill has been updated and has now entered Tynwald Branches (25.06.24).  The Bill could come into force in mid-2025, which would be by way of an Appointed Day Order following Royal Assent. Whilst the Bill progresses through the approvals process it provides an opportunity to develop the detail of the secondary legislation, with the intention that the secondary legislation would come into force at the same time as the Bill.

The drafting of the secondary legislation has taken into account the results of the above consultation and further comments are now invited on the details of the proposals.

How your data will be used

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

If you submit a response, by clicking 'Submit Response' you will give us permission to analyse and include your response in our results. After you click Submit, you will no longer be able to go back and change any of your answers. However, there is an option for you to provide an email address and if you do provide this it will only be used to send a receipt and a link to a PDF copy of your response.

Please read our Privacy Policy (opens in a new tab) for more details and your rights.

How and when you can comment

Comments can be submitted by clicking on the 'Online Survey' link below.

What happens next

The draft order and regulations are not in final form and are intended to illustrate DEFA’s proposed policy but may be subject to change as further work is carried out. The consultation results will be considered and any necessary amendments made to the Order and the Regulations. The final versions of the orders will be ‘made’ by the DEFA and must then be approved by Tynwald. It is envisaged that the orders will come into force in mid-2025, subject to the Planning Amendment Bill coming into force.