February 2008

The Planning Process – An Update

The planning system was originally established in 1947, and, over time, has been subject to a number of changes. The most recent legislation is the Planning and Compulsory Purchase Act 2004 (the Act), which first came into force in July 2004. Subsequent parts of the Act have been introduced gradually throughout 2004 and 2005.

The aim of the Act was to develop a more flexible planning system. Some of the main changes introduced are outlined below:-

Planning Consents

The time in which a full planning permission, listed building or conservation area consent can be implemented has been reduced from five to three years. Planning authorities are also now able to decline to determine applications where they have determined a similar application in the previous two years, if the substance of the application has not significantly changed.

Development Plans

The Act amends the process of making development plans. In England, instead of former county structure plans, each region will have a Regional Spatial Strategy (RSS) which must set out the Secretary of State’s policies in relation to development and use of land within the region. Local Plans are replaced by Local Development Schemes. These set out the local planning authority’s policies for development and use of land in its’ area. The objective of this new system is to allow more public involvement in the preparation of development plans, and to expedite the process.

The Crown

The Crown lost its’ immunity to planning control under the Act. Any proposed development by the Crown must be dealt with by way of a planning application. However, there are special provisions relating to matters of national security, or where the development is considered to be of ‘national importance.’ Local planning authorities are not able to prosecute the Crown for any offence under the planning acts, and enforcement action can only be commenced, in a limited manner, with the Crown’s prior consent.

Further Reform

Following the Act, a review of the planning system was published by Kate Barker in December 2006. This report led to a White Paper entitled “Planning for a Sustainable Future” published in May 2007. This Paper set out detailed proposals for a reform of the planning system. Particular emphasis was placed on trying to make the whole planning process quicker and more efficient. Some reforms suggested included changes to infrastructure project planning such as energy, waste and transport.

The White Paper has led to the latest Planning Bill (the Bill) which focuses on the establishment of a single regime for handling key infrastructure projects. In this regard a new body, the Infrastructure Planning Commission, will be set up. The Bill also makes several changes to the Act, such as giving local planning authorities more flexibility over the preparation of local development plans and suggesting a review of the planning appeal process.

The Government is aware that implementation of the proposed measures will not be easy. There is concern that the establishment of the Infrastructure Planning Commission will remove power from local communities, and could leave the public feeling discounted. However, Ministers involved with the Bill insist that the new body will produce a more refined system, which will promote community involvement. Several environmental organisations are already voicing their strong views against the Bill, and it remains to be seen how this issue progresses.

Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.

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