Advice to Canal and River Trust

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Enquiry

From
Canal and River Trust
Date advice given
21 October 2016
Enquiry type
Email

Since S160 of the Housing & Planning Act allowed for residential development to be included in NSIPs to an extent, have there been changes to your website content and any guidance around this at all?

I have been trying to establish whether this change took immediate effect or if not, when it might come into effect – are you able to advise please? The commencement regs I can find for the 2016 act don’t seem to include S160, but I’m not sure whether it needs to be included or not in those.

Advice given

s216 of the Housing and Planning Act 2016 (HPA) deals with commencement. s216(3) HPA applies to the changes to the Planning Act 2008 provided by s160 HPA. The provisions under s160 HPA will not come into force until the Secretary of State appoints regulations (makes the commencement Order). We are expecting for that Order to be made on the next common commencement date - 6 April 2017 – at which point it will be published to our website.

It is reasonable to assume that the publication of associated DCLG guidance will be concurrent with the making of the Order; or shortly afterwards. For your information a Briefing Note and draft Guidance were published in October 2015 and are available to read on .gov, here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/471427/151026__briefing_note_and_draft_guidance_-_FINAL.pdf