Inspector's Schedule of Modifications

MM85 (Main)

Part Gypsies and Travellers

Modification

Persons of nomadic habit of life whatever their race or origin, including such persons who on grounds only of their own or their family's or dependants' educational or health needs or old age have ceased to travel temporarily or permanently, but excluding members of an organised group of travelling showpeople or circus people travelling together as such. In determining whether persons are "gypsies and travellers" consideration will be given to the following issues amongst other relevant matters: a) whether they previously led a nomadic habit of life b) the reasons for ceasing their nomadic habit of life c) whether there is an intention of living a nomadic habit of life in the future, and if so, how soon and in what circumstances.

Reason

To reflect the outcome of the 'Lisa Smith v SSLUHC [2022] EWCA Civ 1391 dated 31st October 2022' judgement and the 19 December 2023 Government update to the PPTS (notwithstanding the transitional NPPF arrangements).

(1) MM86 (Minor)

Part Biodiversity Net Gain

Modification

Biodiversity Net Gain is an approach to development that leaves biodiversity in a better state than before. The Environment Act contains a new biodiversity net gain condition for planning permissions. To meet this requirement biodiversity gains will need to be measured using a the biodiversity metric as specified in the Environment Act (or otherwise agreed).

Reason

Latimer Rep ID.227

To provide additional clarity on an appropriate metric.

(1) MM87 (Minor)

Part Community Facilities

Modification

Are buildings, which enable a variety of local activity to take place including, but not limited to, the following: Schools, Universities and other educational facilities; Libraries and community centres; Doctors surgeries, medical centres and hospitals, including emergency, and acute inpatient and outpatient facilities; Public houses and local shops; Museums and art galleries; Child care centres; Sport and recreational facilities; Youth clubs; Playgrounds; Cemeteries; and Places of worship.

Reason

ESNEFT Rep ID.267

(1) MM91 (Main)

Part Community Infrastructure Levy (CIL)

Modification

Community Infrastructure Levy (CIL)

A mechanism by which Councils can set a standard charge on specified development in their area to pay for new infrastructure required to support
growth.

(1) MM88 (Minor)

Part Infrastructure

Modification

Infrastructure means any structure, building, system, facility and/or provision required by an area for its social and/or economic function and/ or well-being including (but not exclusively): footways, cycleways and highways; public transport; drainage and flood protection; waste recycling facilities; education and childcare; healthcare; ambulance, police & firefighting facilities; sports, leisure and recreation facilities; community and social facilities; cultural facilities; emergency services; green infrastructure; open space; affordable housing; broadband; facilities for specific sections of the community such as youth or the elderly.

Reason

EEAST Rep ID.263