Government announces further changes to the planning system
Sponsored feature | Gemma Dudley, partner, HCR Hewitsons
The government has set out changes to the Levelling-Up and Regeneration Bill and planning policy that aim to place local communities at the heart of the planning system at the same time as delivering enough of the right homes in the right places.
The further policy changes are proposed to overcome opposition from backbench MPs, who predominantly have seats in the south and east of England, in relation to the Levelling-Up and Regeneration Bill, which is currently before Parliament, and demands to scrap the imposition of Whitehall-set housing targets on local councils. The government has said that there will be an amended method for calculating local housing need, but this will be an advisory starting point with new flexibilities to reflect local circumstances.
Under the new proposals, the Planning Inspectorate will be instructed to no longer override sensible local planning decision making, which is sensitive to and reflects local constraints and concerns, including the green belt or national parks, the character of an area, or heritage assets.
There is also an intention to end the obligation on local councils to maintain a rolling five-year supply of land for housing where their local plans are up to date, with the presumption in favour of sustainable development no longer applying to such councils. The government will also consult on ending the need for councils that under-deliver on housing to provide an additional 20 per cent ‘buffer’ of housing sites.
To support the delivery of these planning changes, the government intends to increase national planning fees, including doubling fees for retrospective applications where breaches of planning have occurred.
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Changes to the Levelling-Up and Regeneration Bill include further measures to hold developers to account where they are being slow to build already approved homes, including public reporting. The government is also proposing to go further by allowing local councils to refuse applications from developers who have built slowly in the past, and possibly by imposing a new financial penalty.
Planning permission may also be refused to “irresponsible developers and landowners” who have persistently ignored planning rules and fail to deliver their legal commitments to the community.
There are also proposals to introduce a “brownfield first” approach and to make it harder for developers to build on the most important agricultural land used for food production.
The government hopes that these new policy changes, together with the Levelling-Up and Regeneration Bill, will leave us with a significantly improved planning system. However, many developers have seen it as a capitulation to backbench demands that will hinder housing delivery. The proposed policy changes will be put out for consultation by Christmas, with a view to the adoption of a new National Planning Policy Framework by April 2023.
For further information, contact Gemma Dudley, partner at the planning, highways and environment team, on 01223 532747, 07584 015591 or gdudley@hcrlaw.com.
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