6 proposals which affect developers & LPAs: Technical consultation on Planning

6 proposals which affect developers & LPAs: Technical consultation on Planning

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The Department for Communities and Local Government has published a consultation on a range of plans to streamline the planning system. The consultation closes on 26 September 2014.

Proposals to streamline neighbourhood planning procedures, increase permitted development rights (PD rights) and introduce statutory measures for deeming the discharge of planning conditions should have a fairly significant effect on the plan-making and planning application procedures for both developers and LPAs.

The government advocates the measures as 'practical improvements that build on earlier reforms, to help more people benefit and, overall, help us get the development and housing our future growth depends upon', but there are fears local authorities could lose control over development in their areas and miss out on valuable funding

1. Neighbourhood planning

  • proposals to introduce a statutory time limit of 10 weeks within which a local planning authority (LPA) must make a decision on whether to designate a neighbourhood area.
  • amending the NDP and NDO consultation requirements
  • requiring further documents to accompany an NDP/NDO when submitted to an LPA to comply with the Strategic Environmental Assessment Directive

By no longer prescribing a minimum period for pre-submission consultation and publicity, there may be concerns that developers with an interest in an NDP or NDO will not have an opportunity to engage in the process. The government recognises this and advises that those with an interest in land allocated for development in the NDP should be directly consulted during the NDP’s preparation. Regulations already include a requirement to consult the owners and tenants of land proposed to be developed under an NDO proposal and the government proposes to introduce a similar requirement for NDPs.

2. Reducing planning regulations to support housing, high streets and growth

There are multiple proposals to create new PD rights. The keys ones propose to:

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    About the author:

    Jen is a solicitor specialising in planning law. She has experience in relation to a range of planning topics, including environmental impact assessment, section 106 agreements, highways orders, compulsory purchase, freedom of information issues, inquiries, judicial review, the Localism Act 2011, the National Planning Policy Framework and major infrastructure projects. After qualifying at Ashurst, Jen worked at Bevan Brittan and subsequently at CMS Cameron McKenna as an associate in the planning team. She worked as an external author for LexisPSL before joining the team in November 2010. She has written for a variety of legal publications, including the New Law Journal, Utilities Week, Planning Resource and The Lawyer. Jen regularly appears on Talking Law videocasts providing legal updates on planning law.