Major changes in Planning

The Government has moved very quickly to produce a Bill that will almost certainly ensure that new planning legislation will be introduced in the next 12 months.

A second reading of the Bill in the Commons is planned for next Tuesday and then it will go to Committee for detailed scrutiny. During this time the Bill will be amended and we will endeavour to keep you updated on developments.

Our Analysis

1. This Bill will not just mean a step change for councils – it will force change on large sections of the development industry.

2. Instead of battling councillors and communities, therefore, there will be a need for consensus. Consultation is to be at the centre of this.

3. A ban on twin-tracking and an emphasis on consultation means that those who previously relied on the appeals process for consents will need a completely different approach.

4. The Government sees the economy as a priority, and the housing crisis as an increasing political issue.

5. The nature of the new Statements of Community Involvement, however, is still unclear. This is not helpful for anyone and Green Issues Communications will seek clarification on this as the Bill progresses.

6. The impact of the Planning Bill will not be felt until early 2004, when the new Provisions are to come into force. However, Government officials are determined to meet this deadline – even if the House of Lords rebels over the abolition of Structure Plans.

7. Most of the powers within the Bill are welcome. There is much sensible reform that will speed up the planning process, giving greater certainty for developers.

The Planning and Compulsory Purchase Bill
Second Reading 17 December

Both within the industry and among the public, there is general agreement that the planning process is not working at present. The Government’s stated aim of the Bill is to speed up the planning process. But will it really achieve that? Much of the detailed legislation will come through statutory instrument and guidance - so truly, in this, case, the ‘devil is in the detail’.

It is clear that Government is seeking a much more transparent Local Plan process in terms of public participation. Twin-tracking is on the way out, and some other parts of the planning system used aggressively by some developers will go, too. In its place will come consultation - although the details of this are yet to be made clear. For many developers in the housebuilding and retail sectors in particular, this will mean a major rethink.

In its Regulatory Impact Assessment the Government says:
‘Specific economic benefits will accrue to developers if there is greater certainty and clarity about plans, so that investment is better focussed, thus reducing risk. Better plans will promote wider economic and social benefits for communities. And better processes will reduce transaction costs for all concerned.’

Focus on the Community

There are some concessions to the environmental lobby; the enshrinement in the Bill of the principles of sustainable development is, to our knowledge, only the third piece of legislation to contain such a commitment. However, this commitment has already been slammed by the RTPI as vague, with a strong steer towards economic growth and employment. In parts of the South-East where councillors are saying extra employment is unsustainable, this will get an interesting response. Neither has the absence of the promised legal ‘statutory purpose’ for planning been well-received.

Twin-track planning is to go: however, a ‘carrot and stick’ approach may be used, as the Bill’s provisions may be restricted to only those authorities that have sped up their planning processes. Some flexibility, too, will be given to planning authorities to determine applications for which an appeal for non-determination has been submitted.

The new statement of community involvement will be a legal requirement from each local planning authority. This is defined in the Bill as:
'a statement of the authority’s policy as to the involvement in the exercise of the authority’s functions under sections 18 (preparing their local plan documents), 25 (revision of a local development document) and 27 (preparation of joint local development documents) of this Act and Part 3 (the updated definition of the development plan) of the principal Act of persons who appear to the authority to have an interest in matters relating to development in their area.'

This seems to us to be incredibly woolly and unclear. In working with planning authorities and stakeholders, Green Issues find a wide variation of approaches to the consultation we undertake. Some authorities welcome it - but in some councils, officers seek to ‘gag’ councillors and not allow them the opportunity to be consulted, even at pre-application stage.

This situation was addressed by Jeff Rooker at the launch of the Bill:
'The planning system is crying out for change. Too many councils fail to meet their decision-making targets. Their plans are out of date and no longer reflect the realities many communities face. Planning needs to reconnect with people. It’s seen as remote and difficult to understand. It’s seen as a system set up for the convenience of planners, not consumers.'

Can the bill work?

Green Issues will be seeking clarification that the Bill’s intention is to increase clarity in this process, not undermine it. Our fear is that authorities who wish to keep communities and their representatives away from local government (and there are a few!) may hide behind the freedom afforded to them in the provisions of the Bill, causing unnecessary conflict between developers and communities and costing everyone time and money.

Alongside the drive for consultation, statutory consultees will themselves have to respond to requests for advice within set deadlines. This will certainly make a difference, although it will be met with some hostility at town and parish council level, whose current monthly schedules may have to change. The timetable for the Secretary of State to determine planning applications under his powers will now be clearly set out.

Power to the regions - or from the counties

The new Regional Spatial Strategies will be reviewed and monitored by a body nominated by the Secretary of State - such as a regional assembly when one comes into force. Notably, as a concession, county councils are given a power to have functions delegated to them if the regional body decides that would be wise.

This point will be hotly contested - not only by opposition parties. A wide variety of planning-related bodies and interest groups have united to demand a greater role for county councils - likely to lead to a battle in the House of Lords. Counties will only retain their responsibilities on minerals and waste and their advisory powers on the new ‘local development schemes’ to replace the Local Plan system.

The way the new Local Plan process will operate is unclear, with much provision remaining in secondary legislation and guidance. While the independent examination of local development documents is retained, the Secretary of State will have a power to modify it or decree that it is withdrawn. This will be the tool by which underprovision of housing, for example, will be delivered.

For more information on the possible implications of these measures, contact Gareth Epps on 0118 959 1211. The HBF have also produced a more detailed document, outlining the technical details of the measures announced.

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