Government planning proposals - a summary
The Government's recent Budget and Growth Review update contains a number of proposals intended to ensure the planning system supports economic growth and "sustainable" development to help re-build the economy.
Here's a summary. Note that the idea which some people have adopted that the changes are likely to mean more opportunity for people to influence planning in their area is unlikely to be realised. As one planning officer put it, the government's proposals don't allow people to hold back development, but might allow additional development where there was local support.
Note also that the word 'sustainable', which can mean anything the government wants it to, has survived the general election unscathed and undaunted.
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A new presumption in favour of sustainable development
This is a new principle underpinning the planning system that will help to ensure that the default answer to development and growth is "yes" rather than "no", except where this would clearly compromise the key sustainable development principles in national planning policy, including protecting the Green Belt and Areas of Outstanding Natural Beauty. The presumption will give developers, communities and investors greater certainty about the types of applications that are likely to be approved, and will help to speed up the planning process and encourage growth. A draft wording of the presumption will be published for consultation in May 2011.
Comment - a presumption in favour of development has been at the heart of all planning legislation since 1948, with the proviso that development can only be refused if it contradicts planning policies. It's not clear yet how this 'new' proposal will change that.
A pro-growth national policy planning policy statement
Vast amounts of paperwork and bureaucracy have made the planning system cumbersome and complicated for councils, developers and local people to use properly. This has acted as a brake on growth and development. The Government intends to bring clarity to the system by combining all national planning policies into one concise, easy to use document called the National Planning Policy Framework. It will contain the Government's key economic, social and environmental objectives and planning policies to deliver them. At the heart of the framework will be the presumption in favour of sustainable development. The framework will be published for consultation later this year with the aim of finalising it by the end of 2011.
Changes to permitted development rights to cut red tape
At the moment any developer wishing to change vacant and derelict offices into new homes has to apply for planning permission to change the use of the land. The Government believes this makes no sense when plenty of empty office blocks, warehouses and business parks are lying needlessly empty, waiting to be turned into much needed new housing. Ministers are proposing to scrap the requirement to get permission for this change of use, incentivising growth and giving a much needed boost to housing supply, and will consult on this shortly. The Government will also launch an urgent review of the Use Classes Order, which determines how a building can be used, for example as a shop or office. The review will examine the role the Use Classes system can play in supporting growth.
Immediately prioritising growth and jobs
Some reforms to the planning system will take time to deliver. But local authorities can start immediately prioritising growth in the decisions that they take locally. The Government has made clear its expectation that every council should be encouraging and supporting growth. Local authorities should be pressing ahead without delay in preparing up-to-date development plans which set out the opportunities for growth in their areas. Councils must ensure they are not imposing any unnecessary burdens in the way of development. Where development has stalled, councils should be open to reviewing section 106 agreements at the request of developers, and look at making possible amendments to get growth underway. Section 106 agreements require developers to make contributions to the cost of related infrastructure such as new schools and roads.
Comment - so no local discretion on planning policies - what happened to localism? Developers will agree a raft of community benefits to get their permission, build and sell their houses, then decline to deliver the agreed benefits.
Piloting elements of the land auctions model
One of the biggest barriers to development is the shortage of land available with planning permission to build on. The Government is interested in testing the potential of land auctions to bring forward land for development, improve competition and provide greater certainty for developers. We will pilot elements of the approach on public sector land through auctioning parcels of land with planning permission. The outcomes of the pilot will inform our next steps for looking at land auctions more widely.
Comment - let's hope they start with a few of the surplus Ministries in London
Extending neighbourhood planning to businesses
Neighbourhood planning is a radical new right being introduced in the Localism Bill. It will allow communities to create their vision of what their area should look like: where new shops, offices or homes should go. Local people will be able to define types of development which will have automatic planning permission. This is known as a Neighbourhood Development Order.
Neighbourhood plans will give communities a much greater say on what gets built, but must be in line with wider ambitions for growth in the council's development plan. If approved by a local referendum, the neighbourhood plan will need to be adopted by the council. The Government will extend to businesses the right to initiate Neighbourhood Plans and Neighbourhood Development Orders. This will encourage growth by reducing the need to apply for planning approval in order to develop. Businesses will need to work closely with and win the approval of local communities in order to establish a neighbourhood plan or order.
Removing bureaucracy from planning applications
The Government intends to promote development by simplifying and speeding up the planning application process. This will include a 12-month guarantee for the processing of all planning applications, including appeals which have been made in a timely fashion. The Government will consult on proposals to make outline and other applications simpler, and on other streamlining measures.
Original date 4/4/11