Introduction
On 6 March 2024 the Government published a consultation paper entitled ‘An accelerated planning system’ containing proposals aimed at speeding up the planning system. In this blog post we discuss the proposals put forward by this consultation.
The consultation paper can be accessed at the link below:
https://www.gov.uk/government/consultations/an-accelerated-planning-system-consultation
The consultation runs until 1 May 2024.
Proposals under the consultation
The consultation proposes the following measures:
(1) The introduction of a new accelerated planning service
This would offer a new application route for major commercial applications with a decision time within 10 weeks (rather than the current 13 weeks statutory time limit). There would also be a guarantee that the fee would be refunded if the application is not determined within this timescale.
(2) Changes in relation to extension of time agreements
An extension of time agreement is where an applicant agrees with the Local Planning Authority (LPA) an extended time period to determine a planning application beyond the statutory time limit. In such circumstances, the application is deemed to be determined in time and does not count against the overall performance of a LPA.
The proposed changes under the consultation include:
- an end to the use of extension of time agreements for householder applications and for repeat agreements on the same application for other types of application (thus only allowing one extension of time)
- introducing a new performance measure for speed of decision-making by LPAs for the proportion of applications that are determined within the statutory time limits only – this would be 60% or more of applications determined within the 8 weeks for non-major development applications and 50% or more of applications determined within the 13 weeks for major development applications
(3) Expansion of the simplified written representations appeals service
Currently there is a simplified written representations appeal service available for householder and minor commercial appeals. The Government proposes to expand this service to more appeals including the following:
- appeals relating to refusing planning permission or reserved matters
- appeals relating to refusing listed building consent
- appeals relating to refusing works to protected trees
- appeals relating to refusing lawful development certificates
- appeals relating to refusing the variation or removal of a condition
- appeals relating to refusing the approval of details reserved by a condition
- appeals relating to the imposition of conditions on approvals
- appeals relating to refusing modifications or discharge of planning legal agreements
- appeals relating to refusal of consent under the Hedgerow Regulations
- appeals relating to anti-social high hedges
As with the current service, it is proposed that the simplified route would only apply where an application has actually been determined (so not applying to non-determinations).
(4) Varying and overlapping planning permissions
Although not strictly related to speed, the consultation also contains proposed details and seeks views regarding the implementation of the Government’s new Section 73B (provided for under section 110 of the Levelling-up and Regeneration Act 2023). Section 73B provides a new route for material variations to planning permissions by allowing a developer to make an application for development which can be a variation of both the descriptor and conditions of an existing planning permission, providing the development was not substantially different from the existing development.
The consultation also seeks views on how the Government might address the issue of overlapping permissions which due to recent case law (namely the Hillside Supreme Court judgement) has cast doubt about the scope to use ‘drop in’ permissions where a subsequent permission is granted for an alternative development on a section of a larger development previously granted permission and still being implemented.
Our comments
For anyone who has worked in the planning system as long as I have you would no doubt recall countless past attempts by the Government to speed up the planning system and in particular decision-making by LPAs.
Whilst the principle of speeding up the planning system and these new proposals seeking to do so under the consultation are welcome, one must still question whether any of this addresses the critical issue of inadequate resourcing for many LPAs (some of which are now going bankrupt). Unless this critical issue is addressed by the Government, then we expect there to continue to be delays in the processing of planning applications by LPAs for the foreseeable future.
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
