Potential impacts of the proposed Planning and Infrastructure Bill

The new Government has hit the ground running. Changes not requiring legislation have already arrived in the form of the liberalisation of planning policy in relation to onshore wind; and a consultation has been launched on major changes to the National Planning Policy Framework aimed at facilitating and speeding up development.  

We have also seen a pledge to fund an additional 300 planning officers nationally. While additional resource will be welcomed, they won’t go far when spread across every local planning authority in the country. Also, even when trained and recruited, these additional officers cannot be prevented from moving to the private sector with attractive higher salaries.

Here, in brief, are the legislative changes proposed in the Planning and Infrastructure Bill.

Speeding up planning process

One of the new Government’s priorities is to speed up and streamline the planning process. Part of this will no doubt be a continuation of the digitisation of the system, but more significant measures will be needed if government is to satisfy expectations.

Councils may consider being prepared for the more robust enforcement of statutory targets for the time taken to determine applications. However, if the system is to operate more efficiently in the short to medium term, the promised reinforcements for local planning departments will need to arrive quickly.

Modernising planning committees

There is a proposal to modernise planning committees to ‘improve performance and decision-making’; and it now looks like this will come forward in the form of a national scheme of delegation.

Certainly, streamlining the types of applications dealt with by planning committees is welcomed. It remains to be seen exactly how this will be implemented, but it would be sensible to ensure it is officers rather than councillors who have the power to determine most minor applications; applications for reserved matters approval; and sites already allocated for development in the local plan.

Modernisation by way of increasing the diversity of committee members and those who attend is also desirable. This could be achieved by ensuring that applications are publicised widely through contemporary channels such as social media, and ensuring meetings can be accessed remotely and are held outside of the normal working day.

Reform of compulsory purchase rules

The Bill will include measures to reform the rules on compulsory purchase to ensure compensation paid to landowners is ‘fair but not excessive’ where important social and physical infrastructure and affordable housing are being delivered.

The underlying reform here is likely to be to limit the concept of ‘hope value’ being applied to the valuation of land to be purchased, such as, excluding the prospect of obtaining consent for alternative uses from the valuation. Leaving aside wider questions over the fairness of this approach, it potentially provides an opportunity to unlock difficult sites for affordable housing and other forms of social infrastructure.

Using development to fund local nature recovery

At the same time as wanting to be pro-development, Labour is keen to highlight its green credentials. The Bill refers to development being a mechanism to fund nature recovery initiatives.

Further detail will be developed in conjunction with nature delivery organisations, and consultation with the sector and stakeholders is expected over this summer.

Simplified consenting process for major infrastructure

Reforms to make the consenting process for major infrastructure both quicker and less complex are welcomed, but we await detail on when and how this will be done.

Devolution

It is proposed to make it easier to create new combined authorities and they (and elected mayors) are to be given new planning powers.

The suggestion of a return to strategic planning on a regional level will be welcomed by many, although it remains to be seen whether it will be resourced sufficiently to be effective.

Community right to buy

In a measure reminiscent of the localism agenda of the Cameron era, legislation will be introduced to provide local communities with a right to buy for valued community assets. These may include empty shops, pubs and community spaces, which the briefing says will ‘help to revamp high streets and end the blight of empty premises’.

Green belt

One of the more tabloid-friendly reforms proposed by the new Government is a proposed liberalisation of what it has termed the Grey Belt.

It is proposed this will be defined as land in the green belt comprising of previously developed land and any other areas of green belt land that make a limited contribution to the five green belt purposes, excluding areas or assets of particular importance.

Of interest to providers of social housing will be that the Government has suggested one of the requirements for the development of such sites will be the provision of at least 50% affordable housing. This may present opportunities to assemble land for affordable housing schemes which would otherwise have been difficult to bring forward.

Overview

It’s difficult not to be impressed with the speed with which the new Government has acted and the manner in which it has signalled its intent. That said, it’s early days and we’ve been here with governments of all stripes before. Perhaps the Labour Party’s huge parliamentary majority will enable it to make the significant changes its predecessors haven’t been able to push through.