Planning Update

There have been a number of minor legislative changes recently, which we felt cumulatively merited a new post.

Planning Fees

These must now be refunded if applications have not been determined within 26 weeks (including the time taken to complete any s106 agreement!) unless a longer time period is specifically agreed. This applies to all planning applications validated on or after 1 October.

Planning Guidance

The government is piloting a new website which will contain the comprehensive collection of planning advice and will replace the familiar circulars. Its launch was inauspicious as glitches prevented access for the first few days. Go to http://planningguidance.planningportal.gov.uk if you want to take part in the testing of the site but until the end of the year all existing guidance will remain relevant.

Abolition of Conservation Area Consent

The demolition of unlisted buildings in conservation areas which previously required conservation area consent will now require planning permission and not conservation area consent.

Planning Appeals

Several reforms have been introduced with the aim of speeding up the process. They require rather more input at an early stage, including a full statement of case and statement of common ground with the appeal forms themselves. Time limits have been changed to require earlier dates for inquiries and hearings and the Secretary of State has further powers to award costs at planning appeals and to recover his own costs where a planned inquiry or hearing doesn't proceed.

Special Measures

Underperforming local planning authorities will be designated for special measures and certain applications within their areas can be made directly to the secretary of...