Streamlining et al (!)- is it just me?

Every announcement from DCLG regarding planning that we read at the moment is pushing the "we must streamline the system/make it more transparent" button. Sounds good to me - but is this what is happening with the commencement, on 1 October 2009, of the first part of the "package of measures" we were told to expect? I don't know about you, but I think things are becoming more rather than less complicated, largely because of mixed messages and "overlapping" consultations.

By way of amendments to the GDPO, the main streamlining effect of this first set of changes appears to be twofold;

1 to introduce a new application form and procedure for s 96A applications (non material amendments - introduced by the Planning Act 2008). These, if granted, would result in the previous permission being amended - no new permission would result.

2 to make it easier to apply to "extend" the time on existing planning permissions. This is where things get complicated. Although the new prescribed form refers to an approval here as "replacing" the original permission, in fact what would happen would be that a second permission would be granted - but with a fresh time period running from its grant. The consultation paper recognised this fact, but both the form and the explanatory note with the statutory instrument (amending GDPO) speaks of "replacement".

Although we have read that this ability to extend only applied to permissions granted on or before 1 October 2009, it is legally possible to make the same application even though the permission is granted later. All we have in the amendment is a simplified procedure (reduced paperwork and no D&A) where the original permission was granted on or before that date (and is extant and not implemented). Otherwise - make an application in the usual way.

The proposed amendment to the GDPO to remove the need to submit a D&A with s.73 applications is part of the current consultation -  "streamlining ..planning applications".

Comments

[Caroline Bywater]

Quite - the procedures may be streamlined but working out what they are certainly isn't!
My understanding is that the 'extension' procedure will not be a new power at all - the only new thing is that from 1 October the requirements to submit accompanying documents will be modified so as to be less onerous when you are applying for planning permission for a development that already benefits from an unexpired consent. You still start off at s62 TCPA 1990 and you still (hopefully) end up with a new consent. Presumably, LPAs will need to ensure that they apply any s106 obligations to the new consent too...

[David Brock]

There should be a reduced fee as well on the "extension" applications - £500 max I recall, but of course the fee order hasn't yet been promulgated, so it's full fees till it comes through - due by the end of teh year I heard. Another interesting issue of course is whether the reduced fee will apply even if an environmental assessment is required.