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Having been a Local Authority planner for over 14 years, DHA’s Chris Hawkins looks at what are the key changes proposed which will help DM Planning.

 

As a former local authority planning officer, I always read with interest Government proposals to provide additional funding and assistance to my former colleagues in Development Management.

 

The Act seeks to have a significant impact on the planning landscape, with the planning system being highlighted as a mechanism to assist with the Government’s stated intention improving prosperity. The Government believes that measures contained in the Act will encourage and accelerate the local planning system, and in turn generate growth.

 

The Act will include a number of factors that will have a direct impact upon the functioning of Development Management departments. But for me there are two key headlines (good and bad):

 

  • The Government will provide Local Planning Authorities an additional £37.5m for Councils to bolster staffing, which includes £24m to address current backlogs and £13.5m as part of a long-time plan for housing which will create new planning ‘super squads’. For me this doesn’t go far enough, this is just a drop in the ocean on what’s needed. We’ve heard from the opposition that they intended to fund “300 new town planners” but that’s only 1 per planning authority across the country! Resources is and will continue to be a significant barrier to an effective planning system unless meaningful investment is made.
  • The creation of a new power to amend planning permissions through a Section 73B planning application. This would allow permissions to be granted that were not substantially different in effect to a previous permission on the site - but with consideration only being given to the proposed changes. This new route would only be permitted if the local planning authority (LPA) is satisfied that the changes will not create a substantially different permission and could save a significant amount of time for planning officers and stream-line decision making. This is certainly a positive step.

 

It is worth noting that LURA does not include the government’s proposed amendments on nutrient neutrality after they were blocked by the House of Lords in September, which would have meant local planning authorities would have to assume that wastewater from developments would not adversely affect a habitat site. 

 

Next Steps

 

It is expected that there will be a raft of further consultations, secondary legislation and guidance in order to bring the provisions in LURA into effect within the coming weeks and months. Royal Assent marks the beginning of these proposed changes, with much of the detail as to how the new policies will be finalised and implemented yet to be seen.

 

An updated NPPF, as promised by the government following their consultation held last December, was previously confirmed by Rachel Maclean to be published “as soon as the [LURB] receives Royal Assent”. These changes remain awaited, with the government confirming in their statement when LURA was passed that they will publish their consultation response “in due course”. A letter from Michael Gove to local planning authorities dated in September 2023, which has now been published online, also mentioned “the publication of the refreshed NPPF in the autumn”.

 

Whether or not all of the proposed changes in the LURA will be implemented is dependent on whether consultation and legislation changes can take place prior to the outcome of the next general election, which is likely to be called within the next 12 months. Labour have previously confirmed that they would scrap the government’s levelling up missions, reverse many of the proposed changes to the NPPF, and reintroduce housing targets, as well as scraping the new Infrastructure Levy proposals should they come into power.

 

As you can see there is still a long way to go and plenty yet to change, particularly with a looming election, however whether its Blue, Red or Yellow (or Red, Yellow and Green!), for me the key promise from all parties needs to be that planning departments will receive significantly more financial support (including ringfencing planning application fees), to ensure stability in their workforce brought about by appropriate renumeration and training.

 

To read more on the Levelling-Up and Regeneration Act please click here. 

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