Comment – Autumn Statement

Important further planning reforms were announced in the Chancellor’s Autumn Statement to speed up plan-making, decision-making and discharging conditions.

The Treasury remains the driving force behind further planning reforms and the Chancellor has announced there will be more done to address delays.

Most of the measures will be subject to consultation. However, we know from recent exercises that this Government doesn’t hang around and often consultation is quickly followed by implementation with little changed.

Local Plan Statutory Requirement
There remains an appetite for exercising more direct control and the most significant change is a new statutory requirement to put a Local Plan in place. This is a logical step and would allow the Government to follow it up with more ‘step-in’ provisions for LPAs who then fail in that duty. Making it a statutory duty should be welcomed by all in the industry, including those writing the plans, as it will ensure Councils have to focus resources on planning.

Application Decision Threshold
Along the same lines the Government will make it easier for LPAs to be placed in ‘special measures’ by increasing the threshold for deciding applications on time from 30% to 40%. In the first tranche of Councils who have had their powers taken away, only Blaby fell short. The increased threshold would see dozens of Councils in the firing line.

Fiscal Control
More direct fiscal control is to be exercised by withholding New Homes bonus payments where approvals are granted on appeal. It is not uncommon for developers to also withdraw financial contribution offers at appeal. This raises the stakes for Councils who stand to lose out if they resist sustainable development.

Planning Conditions
The issue of conditions slowing down implementation is addressed by promising legislation to provide a deemed approval on planning conditions, where an LPA has failed to discharge on time. Again, this is a strong logical step and one that we have been calling for.

Likely to be less effective are suggested legislative measures to require LPAs to justify any pre-commencement conditions. In practice, this is likely to simply mean longer reasons given to conditions.

Changes of Use
There continues to be a penchant for liberalising changes of use, this time from retail to restaurant or leisure uses; and liberalising planning restrictions on town centre retail mezzanine floors. Such tinkering does little to speed the system, but does allow the Government to claim it is reducing the red tape burden.

Statutory Consultations
More positively, at last the Government is to look seriously at reducing unnecessary statutory consultations. With further cuts in overall Government spending announced, this will ease the burden on both sides as well as forcing decision-makers to use their own judgement instead of relying on the collected opinions of others.

Development Benefits Pilot
Lastly, the Conservative Party influence can be seen in proposals for a pilot looking into passing a share of development benefits directly to individual households. We have long argued that such an approach is counter-productive and misses the point. It should not be necessary to ‘buy-off’ opposition. It is much better to make the case and properly explain why it is in the public interest to support development.

For further information please contact:

 

 

 

 

 

Bob May
Office Director
0113 386 3800
[email protected]

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Comment on Autumn Statement December 2013