The UK Government is considering a significant shift in how planning permission powers are managed, setting out how it intends to work towards its 1.5 million homes target.
A new consultation paper from the Ministry of Housing, Communities and Local Government suggests removing planning permission powers from elected local councillors and transferring them to council officers.
This move is part of the broader Planning Reform Working Paper: Planning committees, which explores various options to streamline the planning process.
Key proposals
One of the major proposals is to delegate all planning applications to council officers unless specific circumstances apply.
For instance, applications that deviate from the development plan and are recommended for approval by officers, or applications submitted by the local planning authority, its members, or officers, would still require councillor involvement.
This shift aims to reduce delays and increase the efficiency of the planning process by leveraging the expertise of professional staff over elected representatives who may lack specialised planning knowledge.
Another proposal includes mandatory training for councillors on planning committees to ensure they are well-equipped to make informed decisions. The paper also suggests forming smaller planning committees to streamline decision-making.
Implications
By reducing the role of elected councillors in planning decisions, the Government aims to expedite approvals and increase housing supply. However, this approach has raised concerns about diminishing the influence of local communities in shaping their environments.
The consultation paper explicitly states that all applications should be delegated to officers unless certain criteria are met.
This could fundamentally alter how planning decisions are made, shifting authority from elected members to professional town hall bureaucrats. Critics believe it will lead to more timely and effective decision-making.
Sensitive developments and green belt reforms
Despite these proposed changes, the Government acknowledges the need for councillor involvement in more sensitive developments, such as those affecting green belt areas.
The Government has indicated a desire to reform green belt policies while maintaining a commitment to “brownfield first” approach. This means that councils will need to review and potentially revise their green belt boundaries to meet housing targets, prioritising lower quality “grey belt” land for development.
Any development on green belt land will be subject to stringent requirements, known as “golden rules”. These rules mandate that developers provide the necessary infrastructure for local communities, such as nurseries, GP surgeries, and transport links, as well as premium levels of social and affordable housing.
Moving forward
The Planning Committees document is the first working paper for the upcoming Planning and Infrastructure Bill. It outlines various measures intended to make the planning process more efficient and responsive to housing needs.
Changes to the National Planning Policy Framework (NPPF) propose new approaches t managing green belts, aiming to balance development needs with environmental preservation.
The Chancellor has expressed her commitment to building 1.5 million new homes over the next five years and has stated her willingness to take decisive actions to achieve this goal.
Legal and construction perspective
Many contentious legal issues could arise from the current proposals. A key concern is the potential for unlawful delegation of decision-making powers.
If the Government’s plans lead to an increase in development this will only be a good thing for the construction sector.
It will be vital to ensure that everyone is aware of any updated planning rules and ensuring that they have proper development and construction contracts in place.
Our construction team can assist in the review of and advising on all forms of construction contracts and with assistance from our dedicated commercial property team can assist in development agreements.