Government unveils plans for “sweeping overhaul” of planning system

By
BE News Team

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The secretary of state for housing, communities and local government, Angela Rayner, has outlined plans for the “sweeping overhaul” of local planning committees, as part of a package of new measures set out by the government to stimulate economic growth and tackle the nation’s housing crisis. 

The government said its proposals would speed up the planning process and support better decision making in the system.

The changes will see local authority planning officers given the power to rubber stamp planning applications without permission from council committees, as long as they comply with local plans and national regulations on standards.

Rayner said: “Building more homes and infrastructure across the country means unblocking the clogged-up planning system that serves as a chokehold on growth. The government will deliver a sweeping overhaul of the creaking local planning committee system. Streamlining the approvals process by modernising local planning committees means tackling the chronic uncertainty and damaging delays that acts as a drag anchor on building the homes people desperately need.

“Grasping the nettle of planning committee reform and fast-tracking decision-making is a vital part of our Plan for Change. Building 1.5 million homes over five years means tackling the housing crisis we inherited head-on with bold action. Through our Planning and Infrastructure Bill, alongside new National Planning Policy Framework and mandatory housing targets, we are taking decisive steps to accelerate building, get spades in the ground and deliver the change communities need.”

Reacting to the news, Tony Mulhall, senior specialist at RICS, said: “The government’s plans are a step in the right direction and mirror approaches operating in countries such as France and Ireland where applications are primarily decided by officials against clear objectives contained in the plan. These countries fulfil their democratic obligations at the local plan-making stage, which requires effective public participation to decide the objectives to be included in their local plan. 

“Besides, substantial delegation to officers already operates in the English planning system. However, we estimate that up to three-quarters of local plans are out-of-date. These take time to consult on and update, and also require significant resource, which we know planning departments are lacking in. While the government has committed to creating 300 additional roles at entry level for planning officers, this adds to the existing 1,000 vacancies. Therefore there must be a concerted effort on creating the skills base required to move forward with proposed planning reforms.

“A local plan should be clear about (a) what is acceptable development; (b) what is unacceptable development; and (c) what is open for consideration. This brings certainty at the plan making stage for the local community about what they should expect in terms of new development; and certainty for investors and applicants about what will be granted permission, helping to de-risk development.”

Matthew Evans, counsel in the planning team at law firm Forsters, added: “Providing greater consistency within the planning system is welcome. The revisions to the NPPF, expected this week, are only ever going to be able to go so far in helping to speed up the planning system and greater reform will be needed to truly make a difference, especially given the incredibly ambitious housing targets that the government has set. 

“Moving to a system where delegated decisions are made by default seems like a sensible option. The government is looking to emphasise that this is a plan-led system (with greater enforcement for those local authorities that fail to have one in place), and it’s therefore logical that applications that comply with local plans are approved quickly. The next challenge is ensuring that the plan-making system is streamlined and efficient, there are elements of local plans that can be standardised.” 

Fergus Charlton, planning law partner at law firm, Michelmores, said: “The proposals are certainly bold, and the government should be commended for that. There are many components of the planning system that can be improved, and planning committees are certainly one of those. Most developers’ experience of committees is akin to a rollercoaster ride, and they may well prefer to rely on the professionalism of a planning officer to make the decision, avoiding the vagaries of a committee decision if that can be done. The beneficial effect of these proposals will turn on how the phrase ‘complies with the development plan’ is interpreted.

“One omission to focus on is that planning decisions must be made in accordance with the development plan and any material considerations. Very often those material considerations turn on local knowledge and awareness. Good decision planning committees can critically evaluate those pertinent material considerations, but these play no part in the proposed options for the national scheme of delegation. This may be to the detriment of good decision making. I also feel for the planning officers. Their decision-making responsibilities will become that much more stressful.”

Mary-Jane O’Neill, head of planning consultancy (London and South) at LSH, said: “The ambition to speed up decisions on allocated sites and proposals that comply with an up-to-date development plan shows sound logic and should be broadly welcomed. However, there are some obvious challenges associated with older local plans, particularly if the viability assumptions change – in the case of affordable housing, for example.”

Sam Bensted, assistant director policy (planning and development) at the British Property Federation, added: “It is very welcome that government are focused on improving the efficiency of decision-making in the planning system while maintaining democratic accountability. The proposals in MHCLG’s discussion paper on modernising planning committees do just that by enabling local planners to take more important planning decisions when the application is consistent with the local plan. This will not only speed up the determination process and empower planning officers to use their professional judgement, it will also free up elected members to focus on the most significant planning applications.

“It is also encouraging to see a commitment to extra training for planning committee members, which we hope will lead to a higher quality of debate and decision-making on applications which are brought to committee. It will be important that councillor training is well-rounded, encompassing all forms of housing and commercial uses, and not just training on planning, but also the wider economics of development.“

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