INTRODUCTION
In this our first blog post for the new year we provide an update on the current status of reforms to the planning system proposed under the Levelling Up and Regeneration Bill and the Government’s recently published consultation on proposed changes to National Planning Policy including the National Planning Policy Framework.
LEVELLING UP AND REGENERATION BILL – AN UPDATE
On 11 May 2022 the Government first introduced to Parliament the Levelling Up and Regeneration Bill (the Bill).
The current version of the Bill can be downloaded on the Parliament website at the link below:
https://bills.parliament.uk/bills/3155
Since its introduction the Bill has been the subject of several proposed amendments as it has travelled through the various stages of the House of Commons, and the uncertainty regarding these amendments was greatly added to by the political chaos which occurred in the Government including changes in the Secretary of State for the Department of Levelling Up, Housing and Communities with Michael Gove finally being reappointed to take the helm. There have also been backbench rebellions resulting in further amendments having to be made to the Bill by the Government to ensure it could progress.
The Bill has now concluded its passage through the House of Commons and was introduced to the House of Lords having its first reading there on 19 December 2022. The second reading of the Bill in the House of Lords is expected to take place on 17 January 2023 where the Bill will be further debated.
You can find a discussion of the planning reforms proposed under the Bill in its original form in our previous blog post which we issued at the time of its introduction to Parliament and a link to this blog post is here.
During its passage through the House of Commons, the most significant amendments made to the planning reforms proposed under the Bill included: a new power for Local Planning Authorities to decline to determine applications where the developer has a history of non-implementation and to impose conditions requiring progress reports monitoring build-out under a planning permission; a new power for the minister to remove a range of planning statutes; the proposed new Infrastructure Levy will be allowed to be spent on items other than the delivery of infrastructure; a new duty placed on Local Planning Authorities to grant sufficient planning permissions for self and custom-build housing; the street votes proposal will provide communities with the power to grant planning permission through a street vote development order in an area; and there will be a new requirement for water companies to upgrade sewage treatment works to allow planning permissions in areas affected by nutrient pollution to be brought forward.
On 6 December 2022 the Secretary of State also issued a Written Ministerial Statement – a link to which is below:
https://questions-statements.parliament.uk/written-statements/detail/2022-12-06/hcws415
This Statement sets out further proposed amendments to the Bill and the wider planning system some of which will be consulted on including: ending the obligation on Local Planning Authorities to maintain a rolling five-year supply of land for housing where their plans are up-to-date and housing targets on Local Planning Authorities will now merely be a starting point with new flexibilities to reflect local circumstances; instructing the Planning Inspectorate that they should no longer override sensible local decision making, which is sensitive to and reflects local constraints and concerns; increasing community protections afforded by a neighbourhood plan against developer appeals; consultation will take place on the detail of proposals to increase planning fees, including doubling fees for retrospective application where breaches of planning have occurred and also on allowing Local Planning Authorities to refuse planning applications from developers who have built slowly in the past and the best way of addressing the issue of developers with a character of persistently ignore planning rules and failing to deliver their legal commitments to the community.
CONSULTATION ON CHANGES TO NATIONAL PLANNING POLICY INCLUDING THE NPPF
On 22 December 2022, the Government issued a consultation document (containing 58 questions) seeking views on its proposed approach to amending national planning policy including updating to the National Planning Policy Framework (NPPF). Alongside this document the Government has also issued a marked up text of the NPPF showing proposed indicative changes. Both documents can be accessed at the website link below:
Helpfully the proposed changes to the NPPF are shown clearly tracked in the marked up text making them obvious to the reader when one scrolls through the document. In our view the most notable changes relate to local plan testing requirements (in Section 3 of the NPPF), the reduction of the importance of housing delivery and supply targets imposed on Local Planning Authorities and an increased emphasis on the importance of housing for retirement and care homes (in Section 5 of the NPPF), changes in relation to the review of Green Belt boundaries (in Section 13 of the NPPF), changes relating to climate change and renewal energy (in Section 14 of the NPPF), and the introduction of express references to ‘beauty’ to the making of planning policies and decisions (in Sections 3, 8 and 12 of the NPPF).
The consultation runs until 3 March 2023 so this provides plenty of time for representations to be made. However, the Government has also stated that these are not the only changes and that a fuller review of the NPPF will be required in due course, and its content will depend on the implementation of the Government’s proposals for wider changes to the planning system, including the Levelling-up and Regeneration Bill.
OUR COMMENTS
In the current uncertain political environment it is difficult for one to keep track of all the proposed changes to the planning system, some of which are announced by the Government one day and then reversed shortly afterwards. However, some of the current changes proposed by the Government are clearly concerning, particularly those relating to reducing the application of housing targets on Local Planning Authorities and directions to be given to the Planning Inspectorate not to override local decision making. One struggles to see how such proposed policies will encourage the delivery of more much needed housing.
Developers will also need to be careful about their track record in implementing developments if the Government proceeds with its proposals to allow Local Planning Authorities to refuse planning applications from developers who have built slowly in the past and other measures the Government is contemplating to address developers who ignore or breach planning rules.
Note: all comments and views expressed in this blog are merely opinions and provided for information purposes only and do not constitute legal advice which can be relied upon. Should you require legal advice on a matter then please contact us
