We first reported on the key proposed measures back in August and the majority of these have passed through the House of Lords with only minor amendments.
Whilst there remains a substantial amount of further work required, including secondary legislation before the plan-making provisions may come into effect, the news is another crucial step towards realising the Government's ambitions for the plan-making system to be comprised of simpler, more accessible and more frequently updated Local Plans.
At a high-level, for plan-making the Act will:
- Streamline the plan-making system, with plans set to be subject to a 30-month timeframe (albeit this does not include the time required for evidence gathering) and the examination of plans to take no longer than 6 months.
- Incentivise the keeping of plans up-to-date by removing the requirement to demonstrate a 5-year housing land supply for Councils with an up-to-date plan.
- Make plans easier to adopt by repealing the duty-to-corporate.
- Introduce area-wide design codes within development plan to ensure good design at all spatial scales.
- Limit the content of Local Plans to 'locally-specific matters' with generic development management policies to be included within a national suite of National Development Management Policies 'NDMPs' which would take precedent over local planning policy.
- Introduction of a new power for planning authorities to prepare 'supplementary plans' to respond to specific local issues more quickly.
- The power for authorities to voluntarily prepare joint spatial development strategies aimed at addressing cross-boundary issues.
- Simplified neighbourhood plan making through the introduction of simpler, more accessible 'neighbourhood priorities statement' which must be taken into account by local authorities when preparing Local Plans.
A notable amendment (amendment 285B) tabled in the House of Lords will allow planning inspectors the power to conduct proceeding wholly or partly remotely. This will include local plan examinations as well as appeals by hearing or inquiry and interestingly, will contrast with the right of local councils to conduct virtual planning committees after MPs voted to block an amendment proposed by the House of Lords to allow their continued use.
It remains to be seen how the timetable for the proposed changes to plan-making will come forward, or indeed how they may be utilised in practice with the simultaneous emphasis on both local and national planning policy a likely source for confusion during decision-making. For many though, it is greater clarity and an end to the current uncertainty surrounding plan-making, which ironically has seen nearly 60 Local Plans stall, that would be the most effective remedy to the present lack of up-to-date- plans.
DHA will of course be keeping a close eye on the proposed changes and how they will affect the Local Plan promotion process moving forward. In the meantime, many southeast authorities are currently pressing ahead with emerging Plans, presenting opportunities to promote sites for development and contribute to the shaping of their growth strategy.
To read more on the Levelling-Up and Regeneration Act please click here.
