The planning for a sustainable future white paper, published in May for consultation, aims to create a planning system that supports sustainable communities, promotes the UK’s international competitiveness and enables the infrastructure that is vital to our quality of life. B&E hears from Christian Silk of TLT on the new white paper on planning.

THE FUNDAMENTAL principle of the White Paper is to make the planning system more development-friendly, particularly in the case of major infrastructure projects. Under this review the current multi-consent system, where there are numerous decision makers under several different pieces of legislation, is to be replaced by a single independent, expert commission.

The commission will inevitably have its own set of requirements and red tape and the White Paper sets out in some detail how the commission will operate.

It is likely that by taking these projects out of the current system, which deals with all aspects of development, and by creating a bespoke system designed to address the specific requirements of infrastructure projects, that these matters will be dealt with in a more focused and time and costeffective manner.

The government’s proposals for change are also intended to have an impact at the opposite end of the development spectrum, with greater freedom given to householders and businesses to make minor extensions to their homes and premises, and to install microgeneration equipment such as solar panels without requiring express planning permission.

There will, however, be the introduction of an impact approach to minor development. The details of the impact approach are yet to be considered although the proposed change comes about due to many minor applications having little or no impact on the locality.

It is anticipated that the introduction of an impact assessment will provide a safeguard against inappropriate minor development but also reduce the number of planning application for minor development.

A further simplification to the planning application process will involve introducing legislation to allow local planning authorities to agree minor amendments where they believe that variation is not material. This aspect will be of particular interest to developers who currently face submitting further planning applications in order to make amendments to approved schemes.

Making the planning system more accessible to communities, for example by having “open floor” stage at inquiries  and offering more opportunities to challenge decisions, is intended to ensure that all participants in the planning process are on a more level playing field whether they are well resourced or not.

This concern to developers will be that the benefits of a revised planning system, intended to simply the process of applying for planning permission, may be negated by numerous hurdles created by these additional opportunities for challenge. This could also lead to greater cost and the need for well-resourced applicants to take a more adversarial approach than at present.

This potential increase in cost may be exacerbated by the proposal to allow local planning authorities to set their own fees.

A great deal of detail is needed to accurately assess whether or not the current proposals will lead to red tape being cut, costs reduced and the planning system becoming more user friendly, however, there is scope for cautious optimism particularly in relation to the handling of major infrastructure proposals.

Planning shake up removes right of appeal against major projects, lawyers warn

THE changes proposed in the White Paper Planning for a Sustainable Future amount to one of the biggest shake ups of the planning system in recent years and mark a major shift of power to the centre, according to specialist lawyers at LG.

“This goes further than anticipated in taking power away from elected local authorities”, says Stephen Turnbull, LG planning partner.

“There are real questions over the proposed national policy statements, which could easily be extended into new areas, and over rights of appeal.

“There will be no right of appeal for developers or others against the decisions of the Infrastructure Planning Commission other than via judicial review, which is difficult, complex and costly.”

In addition, the White Paper appears to be at odds with separate government proposals to reform the working of local government, the company says.

“The powers in this white paper could be a recipe for conflict between local authorities, the GLA and central government,” says Simon Randall, LG local government partner.

“Whilst the GLA bill for instance aims to pass more power on major projects to the Mayor of London, or perhaps unitary authorities, by vesting so much in national policy statements, this paper proposes the reverse.”