Planning Reform: Decision Making

• Published date: 02 September 2020
• Subject Matter: Government, Public Sector, Real Estate and Construction, Government Contracts, Procurement & PPP, Construction & Planning
• Law Firm: Charles Russell Speechlys LLP
• Author: Ms Claire Fallows

Decision making

The Government wants to make the decision making stage faster and more certain, with firm deadlines. Further, and to be welcomed, it sees technological innovation as a substantial part of the solution - with new software to speed the application process and improved access to better data sets. Huge innovation and investment will be required.

Delivering the Plan: The Government intend that the changes to the Local Plan process would provide more certainty to developers as follows:

• Areas identified as "growth" would automatically be given outline planning permission - the principle of development is not revisited. Further detailed consents would focus on good design and site-specific technical issues, potentially via a reformed reserved matters or Local Development Order prepared alongside the Local Plan. A masterplan and site-specific design code could provide guidance on what "beauty" should look like. For new towns, the Development Consent Order regime is being considered, alongside amended powers for Development Corporations.
• For areas classed for "renewal", there could be a statutory presumption in favour of development. Consent could be granted for pre-established development types through a new permission route (akin to permitted development?) giving automatic consent, if design and other prior approvals are met (so not very automatic). The aim is to have "pattern books" of popular and replicable forms of development, allowing gentle intensification in accordance with established design principles to help SME developers enter the market and make greater use of modern methods of construction. A pilot programme will be developed. Alternatively, the Government moots a faster planning application process or use of Local or Neighbourhood Development Orders.
• For both "growth" and "renewal" areas, a proposal could come forward outside the Local Plan via a planning application, but this should be the exception not the rule. In "protected" areas, planning applications would be required, save where permitted development rights or development orders apply, and would be judged against national policies.

Alternative approaches of the use of permission in principle are being considered. Decision making would be delegated to officers where the principle of development is established, which would be a positive step. The means to deal with neighbour concerns within the system are as yet to be considered.

Environment - Following our exit from the EU...