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Radical overhaul of the planning system: a developers’ charter or blueprint for beauty?

‘Planning for the Future,’ the Government’s White Paper published earlier this month (August 6), is aimed at a “once in a generation reform” of the English planning system.  Aims include streamlining the process, allowing new homes to be “built quickly and efficiently.”

The proposed reforms are partly designed to help the Government meet its target of building 300,000 new homes a year by ensuring more land is available for development where it is needed. There is a new focus on “beautiful” design and sustainability.

Ministers say the planning system will be easier, less costly and quicker to navigate with planning applications based on pre-approved design codes getting an automatic green light.

Labour critics have labelled the new draft laws a “developers’ charter” while the Royal Institution of British Architects (RIBA) has warned the fast-track proposals will create a generation of fast and sub-standard housing. A 12-week public consultation has been launched.

Overhaul of the planning system
Overhaul of the planning system

So, what are the proposals?

The White Paper’s proposals can be grouped into four broad areas:

  1. Reformed Local Plan
  2. Development of new design codes
  3. Streamlined decision making
  4. Major overhaul of developer contributions

1. Reformed Local Plans

  • Councils will be forced to have Local Plans for where new homes can be built - currently only 50% have such schemes in place.
  • Local housing plans are required to be developed and agreed within 30 months – down from the current seven years.
  • A new, nationally determined, binding, housing requirement. This would distribute the national target (currently 300,000 homes per annum) between local authorities.
  • Local plans to be visual, map-based and standardised, based on the latest digital technology, supported by a new template. This is aimed at making local plans more accessible.
  • Local plans to set clear rules for development rather than general policies, including site specific requirements and design codes.
  • New emphasis on community engagement at the plan-making stage.

In the local plan, land will be designated into one of three categories:

Growth areas “suitable for substantial development.”

It is proposed this category includes land suitable for comprehensive development, including new settlement and extension sites, former industrial and urban regeneration plots.

Sites in this category would have outline approval for the principle of development. There would be no need to submit a further planning application to test whether the site could be developed.

Detailed planning consent could be obtained by :-

  • A reformed reserved matters application
  • Or a Local Development Order prepared by the local authority

Renewal areas “suitable for development”

This would cover existing built areas where smaller scale development is appropriate, including infill of residential areas, town centres and certain rural areas, such as small sites on the edge of villages.

Areas designated for renewal will have a ‘permission in principle’ approach – meaning builds can go ahead without a further planning application once checks are carried out. The local planning authority could continue to consider the case for “resisting inappropriate development of residential gardens.”

Areas that are protected

This would include Areas of Outstanding Natural Beauty (AONB), Conservation Areas, Local Wildlife Sites, areas of significant flood risk and important areas of green space. At a smaller scale, it can continue to include gardens.

Local plans are to identify sub-areas for self and custom-built housing and community-led housing developments.

2.  Development of new design codes:

Government insists the reforms would promote “beautiful” buildings and place-making, including tree-lined streets.

  • New National Model Design Code to be published this autumn to provide more clarity for “fast-tracking” decisions on design, setting out detailed parameters for development in different locations
  • New local design guides and codes to be “prepared with community involvement to reflect diverse character of the country and what is popular locally.” These are to be produced alongside the local plan.
  • The reforms aim to reduce the number of cases that reversed at appeal by developing a clearer, rules-based system.
  • Ambitious improvement to energy efficiency standards for buildings to help deliver net-zero by 2050.
  • Where appropriate changes will be allowed to historic buildings to improve energy efficiency.

3. Streamlined approach to decision making

  • Councils to modernise software for making and case managing a planning application. This will help to automate routine processes such as knowing whether new applications are within the rules, making decision making faster/more certain.
  • Shorter and more standardised planning applications (machine readable).
  • Possible automatic refund of planning fee if the local authority failed to determine an application within the 8 to 13-week deadline.
  • Investigate new/better ways of securing Listed Building consent for routine work eg architecture specialists with autonomy from listed building consents.

4. Major overhaul of developer contributions

  • A new national levy would replace Section 106 agreements and the Community Infrastructure Levy (CIL) to fund infrastructure and affordable homes.
  • Lifting the small sites threshold whereby developers have to provide affordable homes to 40/50 dwellings.
  • More freedom given to local authorities over how they spend the Infrastructure Levy, including affordable homes, parks, open space, street trees or reducing council tax.