Radical planning policy reform despite Barker interim report PDF Print

Despite a valiant and balanced 213 page interim report from Kate Barker in July advising the government to avoid more major change to the planning system the government is still implementing reform at an alarming rate.

In August we reached two major milestones in policy Access (D&A) Statements came into force and Section 73 of the Town and Country revoked, permanently ending the process of extending planning consents. From 10th August 2006 combined Design and Access Statements became mandatory for the majority of planning applications, and not only for full applications but for outline applications as well. Although not prescriptive in format there is a long list of inclusions for a D&A Statement, however many of them do relate to areas which are already considered in most major development proposals. The planning process is already paper laden and this documentation adds not only to the submission process but also to the workload of planning departments, many of which are already overstretched.

With little by way of an announcement or confirmation, the government also allowed the deadline of 23rd August 2006 for extending any existing planning policy consent to slip by unannounced. Although the legislation to revoke Section 73 was set out in the Planning and Compulsory Purchase Act 2004 and confirmed in an ODPM circular in August 2005, since then little has been said to warn the industry that the looming deadline would take effect, even if an application to extend had been delayed by the planning department processing it. It left many in the industry frustrated with applications to renew hanging in the balance, succeeding or failing only by the efficiency of each individual planning department.

This became all the more pertinent following the change to policy in August 2005 which shortened the length of a typical consent from 5 years down to 3 years, in a government attempt to spur on development and regeneration and defeat the practice of ‘land banking’. In reality the major developers, house builders, utilities and others blamed for ‘land banking’ are always likely to hold property stocks due to the nature of their businesses. The policy will simply make it more difficult for them to operate a sensible long term strategic approach to these assets and could even deter applications now that they cannot renew or extend them.

 

For more information please contact Ian Mercer at Bruton Knowles on 0121 212 7662.

 

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