Tarrifs to Come In New Planning Bill?

Tucked away at the back of the swathe of Queen's Speech announcements, the Government has announced a new option that may allow developers to avoid costly delays on Section 106 negotiations.

An optional 'planning charge' is to be proposed as a Government amendment to the Planning & Compulsory Purchase Bill. The charge for each authority is to be set out as part of the new Local Development Plan, and will be payable on number of units or floorspace.

The Government says that this is different from the tariff proposal, whereby a non-negotiable figure would have been imposed instead of the planning gain agreement. Under the new system, developers would still have the option of going down the Section 106 route.

Planning Minister Keith Hill commented:

"The planning system has the potential to deliver so much for the community, from affordable homes to health centres to parks and open spaces. The problem is the system is simply too slow and fails to deliver what's needed when it's needed. We need a radical solution to simplify and speed up the process

"This new optional charge is the solution. It will give developers a choice. If they wish to negotiate a traditional section 106 agreement then they can. But if they want greater speed and certainty they can pay the charge, leaving them free to get on with things and the local authority the resources to spend on community projects - green travel plans, education facilities or roads improvements. That’s good news all round."
But some commentators, such as the Campaign to Protect Rural England (CPRE) criticised the measure for fear that it would lead some councils to attempt a higher charge on greenfield land thereby giving councils a financial incentive to support greenfield development. The Town & Country Planning Association is concerned that the new charges might cause inequality between different council areas, or lead to inconsistent approaches being taken from one authority to the next

If you would like more information on this, please contact Gareth Epps on 0118 983 9454.

Planning Bill to return as Queen's speech details Government Programme

The much-delayed Planning Bill was today confirmed to proceed in the coming session of Parliament, as part of the Queen’s Speech announced today.

In a packed legislative programme for the probable last full session in Parliament before a Spring 2005 General Election, development and environmental issues have taken a back seat to the more headline-grabbing issues of education, asylum and criminal justice.

Also making a return is the stalled legislation forcing estate agents, controversially, to introduce ‘seller’s packs’ on property sales. This was a Labour manifesto commitment in both 1997 and 2001 but is fiercely opposed by estate agents. Among other legislation to be brought forward is something for the motorist – a move to make utilities companies pay for road rental in order to carry out roadworks.

The Planning Bill returned to Committee in the House of Commons last month, and The Queen described it as a Bill that ‘will make the planning system fairer and faster with greater community participation.’

The session promises to be lively. Proposals for university top-up fees – seemingly ruled out in Labour’s general election manifesto – are bound to be controversial, as will the draft Bill on identity cards and new hard-line asylum legislation. And the session is crowded, with no fewer than 30 Bills proposed – the coming year is a busy time to be a Government business manager.

Planning – putting the community first

From summer next year, local authorities will, as part of the Government’s Planning Reform agenda, have to prepare Local Development Frameworks for the future of their areas, and identify where future development will occur. The government has published two guides to help explain how these are prepared and how people can get involved. Comments are invited before 16 January 2004.

Launching the guides, Planning Minister Keith Hill said:

“The Government is committed to making the planning system faster, fairer and more responsive to the needs of the community and business. The old system didn’t always take account of the views of local people. We are changing this to make sure people can play a part in the planning decisions which shape their communities.

“Our whole reform agenda is based on simplifying the planning system. These guides show that change need not be complicated.”

The Guide to Procedures is in two parts and explains how the new development planning system will work and how people can be involved in it. The first part sets out what the new development plan system will consist of and how people can be involved at the local level. The second part forms the Code of Practice and sets out practical advice and guidance on how the new system will operate.

Creating Local Development Frameworks advises local authorities and others involved on how to prepare the frameworks. The guide, which was produced for the Office of the Deputy Prime Minister by Arup, is a successor to the Guide to Local Plan Preparation Making Plans.

It aims to provide practical advice on how to prepare Local Development Frameworks, and is aimed at:
Local authority planners who will be responsible for producing Local Development Frameworks;
Officers in other Local Authority Departments and partner organisations who will assist in production; and
Community groups and stakeholders, including business and voluntary sectors and other interest groups, who will be consulted as part of the LDF preparation process.

The guides will be finalised prior to the commencement of the Planning Bill in summer 2004. These documents complement the draft regulations on Part 2 of the Planning and Compulsory Purchase Bill and Draft PPS12 (Planning Policy Statement 12) Local Development Frameworks that were published on 14 October for consultation.

RIGHT TO BUY CURTAILED IN AFFORDABLE HOMES MOVE

Also announced in the Queen's Speech is new legislation to reduce council housing sell-offs, attempting to bridge the gap that sees almost twice as many affordable homes sold off in the UK each year than are built. But John Prescott has not been allowed to proceed with his plan to suspend right to buy altogether in well-off areas.

The Office of the Deputy Prime Minister is to extend the qualification period for right to buy. Currently new tenants have to wait two years before buying - under John Prescott's proposals it will be five.

However, many areas of London and the South East - with the most acute affordable housing crisis - were due to see the right to buy suspended. This seems to have been dropped by the Government.