Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold - Public forum - Planning Advisory Service (PAS)
Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
Former Member, modified 9 Years ago.
Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
Does anyone have any suggestion as to the definition of 'designated rural area' (first referenced at paragraph 12) in the amended PPG.
The guidance refers to 'designated rural areas' as being those being described under section 157 (1) of the Housing Act 1985. The interchange of 'as described under' and 'designated under' makes the position unclear. There are orders that designate rural areas for the purposes of other legislation and not only under section 157.
Thank you in anticipation.
Andrea King, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
Enthusiast Posts: 76 Join Date: 19/08/13 Recent PostsWe've been trying to ascertain the answer this one too Amy, and have queried it with our legal bods! Fundamentally, we need to understand the correct meaning of ‘designated rural areas’ in terms of the S157(1c) of the Housing Act 1985 (as amended) as in what counts as a designation by order of the SoS, and where can we easily find out what areas are designated by such orders (is there a simple map of them all anywhere?)? I somehow doubt what we may regard as rural or urban fringe or even Green Belt designations in our development plans would be the same as the Housing Act's interpretation of the terminology:
157 Restriction on disposal of dwelling-houses in National Parks, etc.
(1) Where in pursuance of this Part a conveyance or grant is executed by a local authority or a housing association (“the landlord”) of a dwelling-house situated in—
(a) a National Park,
(b) an area designated under section 82 of the Countryside and Rights of Way Act 2000 as an area of outstanding natural beauty, or
(c) an area designated by order of the Secretary of State as a rural area,
the conveyance or grant may (subject to section 156A(8) contain a covenant limiting the freedom of the tenant (including any successor in title of his and any person deriving title under him or such a successor) to dispose of the dwelling-house in the manner specified below.
Former Member, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
The designations are made by the SoS by means of a statutory instrument such as 1997 S.I. 623 which deals with designations in the east of England.
Given the purpose of the designations, council housing departments or estates sections should know if any part(s) of their area has been designated.
Andrea King, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
Enthusiast Posts: 76 Join Date: 19/08/13 Recent PostsFormer Member, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
Both
I have had some clarification from DCLG on the point who say:
It’s parish-level areas designated under s157 of the Housing Act 1985, as well as National Parks and Areas of Outstanding Natural Beauty.
There are around 11 statutory instruments made under s.157 which designates rural areas. Care needs to be given in checking that the designation is under s 157 (the right to buy provisions) and not other legislation.
Former Member, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
'11 statutory instruments made under s.157'
Amy, is there a list of these SIs? Is there a list of designated rural areas?
Such information might be useful...!
Natalie
Former Member, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
I asked this question of CLG as we weren't sure either, and they have emailled me a list of all of the parishes that have been designated as rural which come under this criteria, and the number of the relevant SI. I've attached this to this post - hope this provides you all with a bit of clarity (it would probably have been useful if this was referenced in the PPG, but they don't seem to like making things straightforward!).
Former Member, modified 9 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
Judith Orr, modified 7 Years ago.
RE: Amended PPG (p.12-23) - Definition of 'rural area' for s.106 threshold
New Member Posts: 11 Join Date: 06/10/15 Recent PostsReading through this thread and came across the following on the PAS website
“DCLG have a list of these rural designated areas – in the case of an area designated by map these can be obtained from DCLG.”
http://www.pas.gov.uk/s106/-/journal_content/56/332612/6783401/article ? and answer number 9.
The above seems to suggest that a map can also be used as the basis for designation as well as the DCLG list previously added to the site.