The Planning and Compulsory Purchase Bill

Orignally published in February 2003

In February we issued an article which set out the Government's Green Paper Proposals. The proposals attracted over 16,000 responses opposing several of the reforms and attracted severe criticism from a Select Committee. Several of the earlier proposed changes have been dropped and many of the proposed changes will be introduced under existing secondary legislation, but others have necessitated new legislation in the Planning and Compulsory Purchase Bill. This will itself depend extensively on secondary legislation. It has just completed its Committee stage and it is thought that most of its provisions will not be introduced until the spring of 2004. The Bill is aimed at speeding up the planning process, and it depends on more centralisation to achieve much of this. The following are the main changes, and comment is given in italics.

Regional Spacious Strategies are (RSSs) are to replace Regional Planning Guidance (RPGs). In response to criticism that there was a need for adequate consultation in the process it was announced that this would occur through the Examination In Public (EiP) process. It should be noted however that people have no right to attend EiPs and when they do it is by invitation only.

RSSs are to be more regionally specific unlike RPGs. The trend to increase regional planning makes it more important for the property industry to be represented in this process.

RSSs to be prepared by Regional Planning Bodies (RPBs) whose proposals will be tested at EiP and the Counties will act as agents of the RPBs. The RSS will become part of the development plans and Structure Plans will be abolished. There is a concern over the abolition of Structure Plans, which are assembled by democratically elected and accountable representatives, rather than appointees which the Bill creates, whilst at the same time there is a concern that this process, which preserves a consultative role for the counties as well as creating the RPBs would add another tier into the plan making process.

Sub-regional Strategies will be created. Same comments as above.

Local Development Documents (LDDs) will replace local plans, unitary development plans and structure plans and these must contain the development policies. They will have to be compatible with RSSs. Planning authorities must maintain local development schemes, to be the subject of approval by the Secretary of State, which will effectively be the project management...