AUTUMN STATEMENT 2011: MORE CHANGES TO THE PLANNING SYSTEM ANNOUNCED!

DHA Planning has reviewed the changes likely to be of most interest to our clients:

Increased flexibility to be considered for the use of agricultural buildings

The Government will consult on proposals which could allow existing agricultural buildings to be used for other business purposes such as offices, leisure and retail space.  The Chancellor says this will make it easier for businesses to find the premises that they need to expand.  No further details or consultation dates have yet been announced.

Compliance with European ecological laws to be reviewed

The Government is to review compliance with the European Habitats and Wild Birds Directives to ensure that they do not lead to unnecessary costs and delays to development.  The Chancellor reaffirmed the Government’s support for the objectives of the Directives but says it is committed to tackling blockages for developments where compliance is especially complex or has large impacts.  The review is due to be completed before the 2012 Budget. 

As compliance with the Directives will still be necessary is European law, it is too early to say how far  this review will assist our clients whose developments are held up by ecological issues, but we will be watching with interest.

A faster, more transparent appeals system?

A review will take place to make the appeals system “faster and more transparent”, to improve consistency and to increase certainty of decision timescales.  Although proposals are due to be brought into effect by Summer 2012, no further details are available at present. 

Renegotiation of S106 agreements to be made easier?

The Government has announced it will consult on proposals to allow certain planning obligations to be reconsidered.  It will be proposed to allow the reconsideration of planning obligations which were agreed before April 2010 where the development has stalled.  Currently, whilst developers may agree changes, local authorities are not obliged to reconsider agreements until five years after they are signed.  

Statutory consultees told to improve their performance

The Government says it will improve the performance of statutory consultees in responding swiftly to applications by ensuring that key consultees bring forward an improvement plan by Spring 2012.

A more effective mechanism will also be brought into effect to enable applicants to obtain an award of appeal costs in cases where a statutory consultee has acted unreasonably.  This will be brought into effect by Summer 2012.  Again no further details have been announced yet.

Highways and transport consents to be streamlined

The Government is considering processing stopping-up orders concurrently with planning applications, or even scrapping the need for the orders where planning permission exists, in order to help save developers time.  Stopping up orders are required where highways need to be closed to enable developments to take place.

Sweeping changes proposed for listed buildings and conservation areas

The Government is considering major changes which might include specifying the extent of a listed building’s special interest, removing a requirement for listed building consent on other parts of the building.  Other potential changes include allowing developers to seek a 5-year certificate of immunity from listing at any time (rather than only after a planning application has been made) and also possibly removing the need for conservation area consent to demolish unlisted buildings.  The Government will hold a consultation exercise before any changes are brought into effect.