(1) Natural England may issue a notice (a “warning notice”) of its intention to impose a stop notice for a relevant development where—
(a) there is an overdue relevant amount, and
(b) Natural England considers it expedient that development should stop until the amount has been paid.
(2) Natural England must give the warning notice to—
(a) each liable person;
(b) each person known to Natural England as an owner of the land;
(c) each person known to Natural England as an occupier of the relevant land;
(d) every other person whom Natural England considers may be materially affected by a stop notice.
(3) A warning notice must include—
(a) the date of the notice;
(b) Natural England’s reasons for issuing the notice;
(c) the outstanding amount of the overdue relevant amount;
(d) a statement that the overdue relevant amount is due in full immediately;
(e) the period after which a stop notice may be issued if liability to pay the relevant amount is not discharged;
(f) the effect of a stop notice;
(g) the possible consequences of failing to comply with a stop notice.
(4) The period specified in paragraph (3)(e) must be a period of—
(a) no less than three days, and
(b) no more than 28 days,
beginning with the day after the day on which the warning notice is issued.
(5) Natural England must display a copy of the warning notice on the relevant land until the end of the period specified in paragraph (3)(e).
(1) Natural England may issue a notice (a “stop notice”) prohibiting specified activities from taking place in relation to a relevant development where—
(a) Natural England has issued a warning notice for the relevant development,
(b) the period specified in the warning notice under regulation 40(3)(e) has ended, and
(c) the relevant amount to which the warning notice related is still an overdue relevant amount.
(2) Natural England must give the stop notice to—
(a) each liable person;
(b) each person known to Natural England as an owner of the land;
(c) each person known to Natural England as an occupier of the relevant land;
(d) every other person whom Natural England considers may be materially affected by a stop notice.
(3) A stop notice must include—
(a) the date on which it is to take effect;
(b) Natural England’s reasons for issuing the notice;
(c) the outstanding amount of the overdue relevant amount;
(d) a statement that the overdue relevant amount is due in full immediately;
(e) a description of the activities which are prohibited for the relevant development;
(f) the possible consequences of failing to comply with the notice;
(g) the person’s right to appeal against the stop notice, including how the person may do so and applicable time limits.
(4) Natural England must display a copy of the stop notice on the relevant land for the period during which the notice has effect.
(5) A stop notice does not prohibit any works on the relevant land which are necessary in the interests of health and safety.
(6) A stop notice has effect from the date specified in the notice until the day on which Natural England gives notice that it is withdrawn or it is quashed following an appeal.
(1) Natural England may withdraw a stop notice at any time by giving notice to that effect to every person to whom it gave the stop notice.
(2) Natural England must withdraw a stop notice when—
(a) liability to pay the relevant amount to which the stop notice related is discharged, or
(b) the decision to issue a stop notice is reversed on an appeal under regulation 56.
(3) After withdrawing a stop notice, Natural England must display a notice that it has withdrawn the stop notice on the relevant land.
(1) When it issues a stop notice, Natural England must supply the information specified in paragraph (2) to the relevant authority to which the notice relates.
(2) The information which must be supplied is—
(a) the address of the land to which the notice relates or a plan by reference to which its location can be ascertained;
(b) details of any relevant planning permission to enable it to be identified;
(c) that Natural England issued the notice;
(d) the date of issue of the notice;
(e) the date specified in the notice as the date on which it is to take effect;
(f) a statement or summary of the activity prohibited by the notice.
(3) On receiving the information specified in paragraph (2), the relevant authority must include that information in the register of stop notices as soon as practicable and in any event before the end of the period of 14 days beginning with the day on which the stop notice was issued.
(4) Natural England must inform the relevant authority in writing if the stop notice is withdrawn or quashed.
(5) All entries relating to a stop notice must be removed from the register of stop notices if the notice is withdrawn or quashed.
(6) In this regulation—
“register of stop notices” means the register kept under section 188 of the TCPA 1990;
“relevant authority” means the authority which maintains the register of stop notices for the area in which the relevant land is situated.
(1) Natural England may apply to the court for an injunction restraining any actual or apprehended breach of a stop notice if it considers it necessary or expedient to do so.
(2) On an application under this regulation the court may grant such an injunction as the court thinks fit to restrain the breach.
(3) In this regulation, “the court” means the High Court or the county court.
(1) The public authority described in the second column of the table below must notify Natural England after an event specified in the first column of the same row of the table occurs for a relevant development.
Specified event | Public authority
An application for planning permission, or for the alteration, modification or variation of a planning permission, is made or withdrawn | The authority to whom the application was made
Planning permission is granted or refused (including a second or subsequent planning permission for a relevant development) | The authority which made the decision
Planning permission is altered, modified, varied or revoked | The authority which altered, modified, varied or revoked the planning permission
An appeal or judicial review in relation to planning permission has been brought | The authority which is party to the appeal or judicial review
An appeal or judicial review in relation to planning permission has concluded | The authority which is party to the appeal or judicial review
(2) In this regulation, any reference to planning permission includes approval for a relevant development which is subject to prior approval.
(1) The levy is recoverable as a debt due to Natural England.
(2) In any proceedings to recover a relevant amount as a debt, the amount of the debt includes—
(a) the outstanding amount of the relevant amount,
(b) the additional amount, if any, which must be added so that, if the amount of the debt were a payment, the adjusted payment amount would discharge liability to pay the relevant amount, and
(c) all surcharges imposed or interest accrued in respect of the relevant amount, if any.
(1) The levy amount for a relevant development is a local land charge affecting the relevant land.
(2) The levy amount stops being a local land charge when liability to pay the levy for the relevant development—
(a) is discharged, or
(b) otherwise ceases to exist.
(3) For the purposes of the Local Land Charges Act 1975, Natural England is the originating authority as respects a local land charge created under this regulation.
(1) This regulation applies where Natural England intends to enforce a local land charge imposed under regulation 47.
(2) Natural England must notify the following persons of its intention to enforce the charge—
(a) every owner of the land;
(b) every other person it considers may be prejudiced by enforcement of the charge.
(3) The notification must—
(a) be in writing;
(b) be displayed on the relevant land;
(c) set out Natural England’s reasons for enforcing the charge;
(d) include the outstanding levy amount and the steps that Natural England intends to take if payment of the amount is not made.
(4) Natural England may apply to the county court for consent to enforce the local land charge if the levy amount is not paid in full (so that the outstanding levy amount is zero) before the end of the period of 21 days beginning with the day on which the notification was made.
(5) When deciding whether to grant consent to enforce the charge, the court must consider—
(a) all the circumstances of the case, and
(b) in particular, any evidence before it as to whether any person would be likely to be unduly prejudiced by enforcement of the charge.
(6) Natural England may not enforce a local land charge imposed for a relevant development if the outstanding levy amount is less than £2000.
(7) When enforcing a local land charge under this regulation, Natural England has all the same powers and remedies under the Law of Property Act 1925 and otherwise as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
(1) This regulation applies where—
(a) a liable person (the “deceased”) dies after levy liability arises, and
(b) at the time of the deceased’s death, they had not discharged their liability to pay a relevant amount.
(2) The deceased’s executor or administrator is a liable person and is liable to pay—
(a) the outstanding amount of the relevant amount, and
(b) all surcharges imposed or interest accrued in respect of the relevant amount,
and may deduct out of the assets and effects of the deceased any payments made.
(3) Natural England may waive any surcharge imposed or interest accrued in respect of the relevant amount.
(4) Where the deceased would be entitled to the refund of an overpayment under regulation 31, the deceased’s executor or administrator is entitled to the amount.
(5) The liability or entitlement of the executor or administrator under this regulation is a liability or entitlement in their capacity as such.
(6) Where relevant to the executor’s or administrator’s liability under this regulation in the administration of the deceased’s estate, they may initiate, continue or withdraw a request or appeal under Part 5 of these Regulations.
(1) A liable person may make a request (an “amount review request”) to Natural England that it review the calculation of the levy amount under regulation 24.
(2) An amount review request must—
(a) be made before the end of the period of 28 days beginning with the day after the day on which Natural England gave a liability notice for the relevant development;
(b) follow the procedure set out in regulation 52.
(3) In paragraph (2), where Natural England has given more than one liability notice for the relevant development, the reference to giving a liability notice is to the giving of the last such notice.
(4) After receiving an amount review request, Natural England must review the calculation.
(5) After reviewing the calculation and considering any written representations, Natural England may either—
(a) confirm the calculation of the levy amount, or
(b) recalculate the levy amount.
(6) A person may not request a review under this regulation—
(a) if the levy amount has—
(i) already been subject to an amount review request or an appeal under regulation 53, and
(ii) not since been recalculated other than as part of that review or appeal, or
(b) after liability to pay the levy has been discharged.
(1) An owner of the land may make a request (an “apportionment review request”) to Natural England that it review the apportionment of liability made under regulation 19.
(2) An apportionment review request must—
(a) be made before the end of the period of 28 days beginning with the day after the day on which Natural England gave a first liability notice to the appellant;
(b) follow the procedure set out in regulation 52.
(3) After receiving an apportionment review request, Natural England must review the apportionment of liability.
(4) After reviewing the apportionment and considering any written representations, Natural England may either—
(a) confirm the apportionment, or
(b) reapportion liability between each material interest under regulation 19.
(5) A person may not request a review under this regulation—
(a) if the apportionment has already been subject to an apportionment review request or an appeal under regulation 54, or
(b) after liability to pay the levy has been discharged.
(1) A request for review must be made in writing and may include written representations.
(2) Natural England may extend the time limit for making a request for review if satisfied that there are good reasons for doing so.
(3) While the review is outstanding—
(a) no relevant amount is payable for the relevant development, and
(b) no such amount can become an overdue relevant amount.
(4) A review must be carried out by a person who was not involved in the original decision.
(5) After conducting a review, Natural England may set a new due date for one or more relevant amounts, which must comply with the requirements of regulation 12(3).
(6) Natural England must notify every liable person in writing of—
(a) the decision of the review, and
(b) the reasons for the decision,
before the end of the period of 21 days beginning with the day after the day on which the request for review was made.
(7) In this regulation—
“request for review” means a request under regulation 50(1) or 51(1);
“review” means a review under regulation 50(4) or 51(3).
(1) A liable person may appeal to the Secretary of State against the levy amount.
(2) An appeal under this regulation may only be made after completion of a review under regulation 50.
(3) An appeal under this regulation must be—
(a) made before the end of the period of 28 days beginning with the day after the day on which Natural England notified the appellant of the decision of the review;
(b) only on the ground that Natural England has incorrectly calculated the levy amount for the relevant development.
(4) While the appeal is outstanding—
(a) no relevant amount is payable for the relevant development, and
(b) no such amount can become an overdue relevant amount.
(5) On an appeal under this regulation, the Secretary of State may—
(a) confirm the calculation of the levy amount,
(b) recalculate the levy amount, or
(c) require Natural England to recalculate the levy amount.
(6) Where the Secretary of State confirms the calculation of the levy amount or the Secretary of State recalculates the levy amount—
(a) the Secretary of State may set a new due date for one or more relevant amounts, which must comply with the requirements of regulation 12(3), and
(b) if the Secretary of State sets a new due date, Natural England may not amend that due date to an earlier date.
(1) An owner of the land may appeal to the Secretary of State against an apportionment of liability made under regulation 19.
(2) An appeal under this regulation may only be made after completion of a review under regulation 51.
(3) An appeal under this regulation must be—
(a) made before the end of the period of 28 days beginning with the day after the day on which Natural England notified the appellant of the decision of the review;
(b) only on the ground that Natural England has incorrectly apportioned liability for the relevant development.
(4) While the appeal is outstanding—
(a) no relevant amount is payable for the relevant development, and
(b) no such amount can become an overdue relevant amount.
(5) On an appeal under this regulation, the Secretary of State may—
(a) confirm the apportionment,
(b) reapportion liability between each material interest under regulation 19, or
(c) require Natural England to reapportion liability between each material interest under regulation 19.
(6) Where the Secretary of State confirms the apportionment or the Secretary of State reapportions liability—
(a) the Secretary of State may set a new due date for one or more relevant amounts, which must comply with the requirements of regulation 12(3), and
(b) if the Secretary of State sets a new due date, Natural England may not amend that due date to an earlier date.
(1) A liable person may appeal to the Secretary of State against—
(a) a surcharge imposed under—
(i) regulation 35 (failure to assume liability),
(ii) regulation 36 (late payment), or
(iii) regulation 37 (failure to notify material change in development), or
(b) the accrual of interest under regulation 39.
(2) An appeal under paragraph (1)(a)(i) must be only on one or more of the following grounds—
(a) that the conditions for the imposition of liability under regulation 16 were not met;
(b) that the surcharge has been calculated incorrectly.
(3) An appeal under paragraph (1)(a)(ii) or (1)(b) must be only on one or more of the following grounds—
(a) that the conditions for the imposition of the surcharge under regulation 36 or accrual of interest under regulation 39 were not met;
(b) that the person was not liable for the relevant amount to which the surcharge or interest related;
(c) that Natural England did not give a liability notice to the person;
(d) that the surcharge or interest has been calculated incorrectly.
(4) An appeal under paragraph (1)(a)(iii) must be only on one or more of the following grounds—
(a) either that—
(i) there was no material change in the details of the relevant development which required a liable person to inform Natural England, or
(ii) there was a material change in the details of the relevant development but a liable person informed Natural England in accordance with regulation 25(1);
(b) the surcharge has been calculated incorrectly.
(5) An appeal against a surcharge must be made before the end of the period of 28 days beginning with the day after the day on which Natural England gave a notice to the appellant under regulation 38(1) (surcharges: procedure).
(6) An appeal against interest must be made before the end of the period of 28 days beginning with the day after—
(a) where the appeal is only on the ground specified in paragraph (3)(d), the day on which Natural England gave an acknowledgment of receipt to the appellant under regulation 28 confirming that interest has stopped accruing, or
(b) in all other cases, the day on which Natural England gave a notice to the appellant under regulation 39(3) (interest on late payment).
(7) No amount is payable in respect of a surcharge or interest which is subject to an appeal under this regulation while the appeal is outstanding.
(8) On an appeal under this regulation, the Secretary of State may—
(a) confirm the surcharge or interest,
(b) recalculate the surcharge or interest, or
(c) reverse the decision to impose a surcharge or interest.
(1) A liable person may appeal to the Secretary of State against a decision by Natural England to issue a warning notice under regulation 40 or a stop notice under regulation 41 for the relevant development.
(2) An appeal under this regulation must be—
(a) made before the end of the period of 60 days beginning with the day after the day on which Natural England issued the warning notice or stop notice, and
(b) only on one or more of the following grounds—
(i) that liability to pay the relevant amount to which the warning notice or stop notice related has been discharged;
(ii) that the conditions for issuing a warning notice in regulation 40(1) or a stop notice in regulation 41(1) were not met.
(3) A warning notice or stop notice which is subject to an appeal continues to have effect.
(4) On an appeal under this regulation, the Secretary of State may—
(a) confirm the decision to issue the warning notice or stop notice, or
(b) reverse the decision to issue the warning notice or stop notice.
(1) An appeal under this Part must be made by notice in writing (an “appeal notice”).
(2) An appeal notice must include—
(a) the name and address of the appellant;
(b) details of the relevant development to which the appeal relates;
(c) the decision which is appealed against;
(d) the grounds of the appeal;
(e) the appellant’s representations.
(3) The Secretary of State may extend the time limit for making an appeal under this Part if satisfied that there are good reasons for doing so.
(4) An appellant may withdraw an appeal at any time by giving notice in writing to the Secretary of State.
(5) As soon as practicable after receiving an appeal notice, the Secretary of State must send—
(a) to the appellant, a written acknowledgement of receipt including a reference number for the appeal and an address for written communications;
(b) to each other interested party—
(i) a copy of the appeal notice,
(ii) a copy of the written acknowledgement, and
(iii) notice of the person’s right to make written representations to the Secretary of State in relation to the appeal before the end of the representations period.
(6) As soon as practicable after receiving written representations from an interested party, the Secretary of State must send a copy of the representations to each other interested party.
(7) An interested party may send comments in writing to the Secretary of State on the representations of another interested party before the end of the period of 14 days beginning with the day after the day on which the representations period ended.
(8) After considering all written representations and comments, the Secretary of State must notify the appellant and each other interested party in writing of—
(a) the decision on the appeal, and
(b) the reasons for the decision.
(9) The Secretary of State may make decisions as to the costs of interested parties in relation to the appeal, including concerning which parties are to pay such costs.
(10) In this regulation—
“interested party” means—
Natural England;
the appellant;
any other liable person;
“representations period” means the period of 14 days beginning with the day after the day on which the documents specified in paragraph (5) were sent.
(1) These Regulations bind the Crown.
(2) But regulations 35 to 38 do not apply to the levy liability of persons responsible for administering property belonging to His Majesty in His private capacity.
(3) In paragraph (2), the reference to His Majesty in His private capacity is to be construed as including a reference to His Majesty in right of His Duchy of Lancaster and to the Duke of Cornwall.
(1) Where the levy is payable by the Chancellor of the Duchy of Lancaster, it may be raised and paid under section 25 of the Duchy of Lancaster Act 1817 as an expense incurred in improvement of land belonging to His Majesty in right of the Duchy.
(2) For land belonging to the Duchy of Cornwall, the purposes authorised by section 8 of the Duchy of Cornwall Management Act 1863 for the advancement of parts of such gross sums mentioned in that section includes the payment of the levy.
(1) Where a notice or document is to be given or sent to the Crown under these Regulations, it must be given or sent to the appropriate Crown authority.
(2) In paragraph (1), “the appropriate Crown authority” has the same meaning as in section 227 of the Planning Act 2008.
Schedule Grounds for cancellation of commitment to pay
Regulation 21
Interpretation
1 (1) In this Schedule, any reference to—
(a) planning permission includes a general consent;
(b) the grant of planning permission includes the grant of—
(i) permission under a general consent;
(ii) approval for a relevant development which is subject to prior approval;
(c) the refusal of planning permission includes the refusal of approval for a relevant development which is subject to prior approval;
(d) an application for planning permission includes an application for approval for a relevant development which is subject to prior approval.
(2) In this Schedule, “the relevant EDP” means the EDP under which the request to pay was accepted.
Ground 1 (expiry of commitment)
2 (1) One or more of the following apply—
(a) if the relevant development is to be authorised by planning permission, an application for planning permission is not made before the end of the relevant period;
(b) if the relevant development—
(i) began before Natural England accepted the request to pay, and
(ii) requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation would apply,
an application for at least one such consent, permission or other authorisation, including by way of a modification or variation of an existing consent, permission or other authorisation, is not made before the end of the relevant period.
(2) In this paragraph, “the relevant period” means the period of 6 months beginning with the day on which the request to pay was accepted by Natural England.
Ground 2 (revocation of EDP)
3 The relevant development is to be authorised by planning permission and—
(a) no such application has been decided,
(b) no such application is outstanding, and
(c) the relevant EDP has been revoked.
Ground 3 (planning permission refused)
4 The relevant development is to be authorised by planning permission and—
(a) an application for planning permission for the relevant development has been refused,
(b) no such application has been granted, and
(c) one or more of the following apply—
(i) the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought;
(ii) an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed;
(iii) the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal.
Ground 4 (other consent, permission or authorisation refused)
5 The relevant development began before Natural England accepted the request to pay and—
(a) the relevant development requires a consent, permission or other authorisation which was not in place when Natural England accepted the request to pay and to which a disapplication of an environmental obligation applies,
(b) the first application for such consent, permission or other authorisation has been refused,
(c) no such application has been granted, and
(d) one or more of the following apply—
(i) the time limit for an appeal against, or judicial review of, the refusal has ended without such proceedings being brought;
(ii) an appeal against, or judicial review of, the refusal has concluded and the refusal was not reversed or quashed;
(iii) the applicant for planning permission does not intend to bring an appeal against, or judicial review of, the refusal.
Ground 5 (planning permission cancelled)
6 The only planning permission for the relevant development is—
(a) revoked,
(b) reversed on appeal, or
(c) quashed by a court.
Ground 6 (planning permission expired)
7 The only planning permission for the relevant development ceases to have effect—
(a) because the development is not begun within any period required by a condition of development,
(b) because a step required to be taken by a condition of development within a specified period is not taken, or
(c) under section 93J of the TCPA 1990 (effect of completion notices).
Ground 7 (change in development)
8 (1) The relevant development is to be authorised by planning permission and—
(a) no such application has been decided,
(b) no such application is outstanding, and
(c) subject to sub-paragraph (2), one or more of the following apply—
(i) the committed developer no longer wants to be committed to pay the levy for the relevant development;
(ii) no developer intends to proceed with the relevant development as described in the request to pay;
(iii) a developer intends to make, or has made, a request to pay for the same relevant development under a different EDP than the relevant EDP.
(2) Sub-paragraph (1)(c)(i) and (iii) do not apply where the relevant EDP provides that payment of the levy is mandatory for the relevant development under section 72 (5) of the 2025 Act.