Plan-it Law

Planning reforms routemap - structural reform

DCLG has published a useful document outlining what it will be bringing forward in planning and local government reform together with proposals on economic development. Click here for the link

Much of what is in there has been trailed already but it is helpful to see it in some context and as part of a bigger picture alongside target dates for steps to be achieved. We're to expect planning reform along the lines of the "Open Source Planning" document which the Conservatives published ahead of the election. Not all matters in that document are mentioned in the routemap (eg there  is no mention of third party rights of appeal against planning approvals) so we will need to see the detail of the Localism Bil to know much more.

July 2010 is given as the target for announcing a scheme for incentivising local planning authorities to build more homes (to counterbalance the nimbyism fear generated by the scrapping of RSS) - with the first payments to be made as early as April 2011.

Planning permissions granted on or after 6 July 2010

When looking at a draft decision notice this morning, I noticed that one of the conditions had, as its reason, a policy in the RS. Of course, RS is no more - since 6 July 2010, so policies in RS should no longer be used as such to justify a condition and the same would apply to reasons for grant (although the guidance issued by DCLG comments that evidence which informed RS may still be material).

It would be worth checking any draft permissions you are dealing with - and it may lead to a conclusion that a particular case must be referred back to committee. It would also be wise to review committee reports which are being drafted or about to go to committee

Regional strategies - revoked 6 July 2010

Eric Pickles has today used his executive powers to revoke Regional Strategies with immediate effect. Note however that the London Plan will continue with localism in London being under a wider review in any event 

Steve Quartermain is writing to all planning departments with the news.

Since posting this earlier today, I see that DCLG have added the news to their website so here is the link to that news item with its own link to the Steve Quartermain letter.

Revocation or abolition - either way it's the end of RSS

I am grateful to Colin Campbell of Savills planning  team in Cambridge for drawing my attention to a recent letter from Eric Pickles to George Osborne seeking the latter's consent to the use of existing executive powers to revoke RSS. In Mr Pickles view, abolition of RSS will need primary legislation (and so will be taken forward through the Decentralisation and Localism Bill), but he can use executive powers to revoke  those which are already in place.

This is being done, it is said, to bring to an end the uncertainty which has existed over RSS since Mr Pickles letter to planning authorities of 27 May 2010 and will mean that, very shortly (in the next few days I believe - at the Local Government Association conference), RSS will be formally revoked so that it no longer forms part of the development plan.

The targets which RSS brought to local areas will be replaced by "incentives" and there will be consultation on this later in the year alongside the spending review.

Local Housing Trusts

Grant Shapps, the Housing minister, has made clear that the forthcoming Decentralisation and Localism Bill will include provision for local housing trusts to bring forward local housing schemes with any profits being reinvested in the local community. The land would remain in the ownership of the trust - assuming therefore that the trust has acquired it (suggesting a CPO power perhaps - if the land has been identified as desirable for loal housing)

The DCLG news release can be found here

The statement says that these trusts need not make planning applications - so such schemes would need to be permitted by a local development order which in turn would respond to specific policies in the local development framework.

This is another measure which was flagged up in the Conservative's pre election publications (click for link)- but again, it would be good to see the whole planning package in a comprehensive whole.

And the beginning of the Major Infrastructure Planning Unit

As expected, the Government has confirmed its intention to scrap the IPC and transfer its functions to the Planning Inspectorate, with applications being considered by a 'Major Infrastructure Planning Unit'.

The regime is intended to remain much as it is now, but with decisions being taken by ministers in an attempt to give more democratic accountability to the system.

National Policy Statements will be subject to ratification by Parliament.

Not a good day to be a quango - the National Planning And Housing Advice Unit (NPHAU) and the Commission for Rural Communities are to be axed too.

The end of Regional Development Agencies?

The Times is reporting today that Nick Clegg has announced the end for RDA's. The Deputy Prime Minisiter is expected to give more information about the abolition of these quangos tomorrow, but they are apparently to be replaced by 'local enterprise partnerships', comprising of councillors and local business schemes.

As these new boards will "take over the regional agencies’ role of promoting local economic development and attracting investment and jobs", will we see much difference in practice? How will the LEPs decide their geographical coverage and will there be parts of the country left with nothing between local and national structure levels? Will there be far more diversity between the various LEPs? Will this be a more powerful role for local authorities?

We will know more when we see the White Paper later this year.  It certainly seems like another feather in the 'localism' cap.

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And as an update on this (already), I have now read that the Government is writing to Councils today asking them to submit proposals for setting up new LEPs. The Department for Business, Innovation and Skills expects that RDAs will close by March 2012. RDAs will have to surrender their powers to councils that group together as an LEP.

Green belt 2 : development 1 - secretary of state planning decisions

We now have the benefit of 3 planning decisions from the new Secretary of State. Click here for the link to all 3.

All 3 appeals involved sites in the green belt. 1 appeal, a housing development, was allowed and the other 2 (a wind farm and a residential development) were rejected. In all 3 cases, the Secretary of State had to deal with the fact of his own letter of 27 May 2010 declaring his intention to revoke RS. Although many of us have been wrestling with the in's and out's of all the questions this raises, the Secretary of State has dealt with the issue with efficient and succinct aplomb. He makes clear he gives RS less weight that would have been the case before the letter (acknowledging RS to still be part of the development plan) but says he did not consult the parties on the issue because his decision would have been the same either way. Job done.

Interestingly, he also gave no weight to some provisions in section 106's offered on the grounds that they did not pass the new statutory tests imposed by the CIL regulations.

Local planning - the way forward

Bob Neill's very recent remarks at the National Planning Forum have been summarised on DCLG's website. Click here for the link.

The message is clear - the planning system is to change in a big way. Up to now, we have heard much about how decision making will be driven down to "communities" but it has not been clear whether this is simply a way of saying "to local planning authorities" or whether it involves an even bigger shift.

Bob Neill is making clear that " Local plans will be more transparent and spell out how they will benefit the community. Communities will help develop proposals for their neighbourhoods, rather than be consulted on 'options' that have already been prepared.

This suggests that we are looking at much more than a stripping out of regional planning - we're talking real local democracy with local voters having meaningful opportunity to influence policies which affect their communities. Local planning authorities take note.

This government clearly means what it says and "localism, localism, localism" is intended to mean much more than a convenient sound bite.

Budget 2010 - implications for planning

No doubt we are all still digesting today's messages from the Chancellor, but a couple of things struck me from a planning angle.

There is a clear statement of  the intention to incentivise local authorities to support growth which are described as "business rate and council tax incentives which would allow local authorities to reinvest the benefits of growth into local communities". I read that as meaning we will soon see brought into being these assurances given in the Conservative manifesto.

Secondly, and it is good to see Labour initiatives being reused and recycled where they fit current circumstances (and again as trailed in the Conservative manifesto) , greater use of Local Development Orders (creatures of the 2004 Act) is to be facilitated to bring in a simpler planning application procedure in certain areas where there is a need to support growth. This possibility had been presented as a more streamlined procedure where local objections are minimal - we will need to see the wording of the proposals however to understand how this is  intended to work