The Government has published its flagship planning reform bill detailing how they intend to “get Britain building again”. It is one of the largest Bills to be presented to Parliament in some time and it has a wide-ranging scope, including covering energy infrastructure, housing, and transport. Below is a summary of the key changes and my thoughts on what they could mean.
Prioritising Clean Energy
Securing connections to the National Grid holds up projects by up to 10 years. The ‘first come, first served’ process will be changed to a ‘first ready, first connected’ system that prioritises clean power projects for quicker connections. It will also seek to make installing electric infrastructure, such as pylons, easier.
While Net-Zero and its perceived costs can be controversial, if the Government can get projects online, generating power and jobs quickly, then ordinary people will feel the benefits. The connection measures will also help facilitate more charging points nationwide and make operating electric vehicles more convenient.
Spatial Development Strategies
The Regional Spatial Strategies of the late 1990s were generally successful, and some parts of the country are already moving in this direction, using combined authorities. A more regional approach to development will help to deliver the infrastructure at a regional level.
Existing combined authorities have proven that this approach is still capable of working in the modern day. However, these are, so far, few and far between. The Greater Manchester Combined Authority is much further ahead of other Combined Authorities due to a long history of cooperation within the city region. Whether this will be possible in other parts of the country remains to be seen. such as areas with both rural and major conurbations.
Development Corporations
Another past success – Development Corporations synergise to adopt a more regional approach to development. How these will interact with existing planning authorities is unclear, as are the powers that the corporations would hold. This policy will be key in progressing the new towns the Government has promised.
Securing a ‘Leaders Veto’ was key in getting all 10 Greater Manchester councils signed up to the GM devolution deal due to concerns from elected members outside of the core Manchester Borough. Many local councillors will be deeply suspicious of Development Corporations if it means removing their decision-making power over planning.
This is a key policy area to watch, and I anticipate some kind of back-stop will be added to placate local government.
Councils to set their own planning fees
Inevitably, this will result in Councils charging more for planning fees. While larger-scale developments are unlikely to be commercially impacted by this change, the potential to negatively impact smaller builders is clear.
This change will be very welcome in council planning departments, who hope to see an increase in their budgets. The Government announced some time ago that they would provide additional resources to local authorities to address the planning backlog, and this change is likely another tool they want councils to use.
As SMEs are less likely to absorb increases in planning fees, it will be interesting to see if any amendments address this potential weakness in the policy.
Compulsory Purchase
One contentious change to the compulsory purchase process is eliminating the ‘hope value’. The Government has tried to reassure people by stating that these powers would be used as a last resort, but this is not defined.
Almost all councils use compulsory purchase powers very sparingly. It is currently a lengthy and expensive process. When it is used, it is usually used for major infrastructure or redevelopment projects. It will, however, make it easier for councils to purchase vacant and derelict land for redevelopment. These changes have been a long-term ask of the Local Government Association.
The Government has already created a rift between itself and many farm owners, which will be another contentious issue. Reducing the financial risk associated with CPO powers will make them a more attractive prospect. However, it will still be an unattractive option without making the process quicker. However, the Government will be hoping that reducing the ‘hope value’ of land will likely encourage more landowners to settle in negotiations.
National Scheme of Delegation
The Government has proposed more details on which types of applications are determined by planning officers and which should go to committee. This will create a standard nationwide and hopefully speed up the planning process in certain areas. They also set out the size of planning committees and provide mandatory training for committee members.
Local authority members have already reacted poorly to these changes. They are being seen as an infringement of the democratic rights of the authority to decide its own fate. While Conservative figures have been stronger on this objection, Labour figures have also raised concerns about how planning committees should remain at the heart of the planning process.
Nature Restoration Fund
Creating a national fund to which developers contribute presents an opportunity to develop scalable improvements to nature whilst speeding up the process for developers, who no longer have to set out the mitigations they would instigate. The C must mitigate damage and benefit protected wildlife.
Having been teased before the publishing of the Bill, this has been relatively well received by environmental organisations but caveated by a need for broader measures to safeguard nature. It has been suggested that the fund could result in a focus on large-scale nature projects in more rural areas to the detriment of smaller green spaces in urban areas. Another criticism of this new method is that the accountability has been shifted off developers.
Next Steps
The Bill is currently in the 2nd Reading Stage, at which members debate it in Parliament, but amendments are not allowed. Amendments are made at later stages and it will return to Parliament for further debate. The Government will likely be keen to get this Bill through as quickly as possible due to the long term nature of many of its changes.
Further details of the Bill can be found on the Government’s website here.
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