Parliamentary progress – an update on planning reforms

As we go to press, Ben Brown, the Landscape Institute’s Head of Policy and Insight provides an update following the Queen’s Speech.

Since the Ministry of Housing, Communities and Local Government (MHCLG) was renamed the Department for Levelling up, Housing and Communities (DLUHC), there had been a few hints from its Secretary of State, Michael Gove, that the bulk of the reforms contained in the 2020 Planning White Paper (‘Planning for the Future’ - which was discussed in the Journal in 2020) would be dropped or watered down, and wrapped up into a “levelling up” agenda (rather than a beauty/design and housing crisis agenda as before).

Now, we finally have clarity. On the 10th May Queen’s Speech, the Government published its Levelling Up and Regeneration Bill, which will put on statute some of the original reforms. It also responded in May to a HCLG Select Committee inquiry on some of the issues which were notably not included.

We now know that the boldest reforms have been dropped, except for those which push for a simpler and more digital planning process. Design codes, heritage, an infrastructure levy, and Environmental Impact Assessment (EIA) reform are included. In short: – The Government will not be pursuing the “three area types” (i.e growth, renewal and protection) proposal

– The Bill will give local plans more weight in law, which will make it harder for local authorities or planning inspectors to make decisions that are contrary to the local plan

– All local authorities must have a whole-place design code, as a framework within which local design codes can optionally be created

– EIA and Strategic Environmental Assessment (SEA) will be replaced with a new system of Environmental Outcome Reports, based on outcomes set by Government. The Bill includes a non-regression clause with current EU legislation

– Designated heritage assets such as World Heritage Sites and Scheduled Monuments will have the same statutory protections as Listed buildings and conservation areas and put Historic Environment Records on a statutory basis.

– A new locally-determined and mandatory levy to fund infrastructure will effectively replace the Community Infrastructure Levy and Section 106. The levy will be based on the value of property when sold and set as a percentage

HRH Prince Charles presents the Queen’s Speech in May

© Reuters

– A new requirement for infrastructure providers to help Local Planning Authorities with setting local plans and ‘infrastructure delivery strategies’ will be introduced

– A new set of “National Development Management Policies” will be set out in the National Planning Policy Framework, to avoid LPAs setting these locally

– Local plans will have a 30-month window for creation, which will include new ‘Gateway’ checks

– The Duty to Cooperate will be scrapped (a legal test that required cooperation between local planning authorities and other public bodies for strategic matters in local plans) The Levelling Up and Regeneration Bill also includes other non-planning proposals, including a new model of combined authority: the ‘County Deal’; new powers for local authorities to bring empty premises back into use; giving residents more of a say over changing street names; and keeping the COVID-19 al fresco dining permitted development right. The Bill extends to England and (partly) Wales. The Bill has now reached its Committee Stage. A full briefing will be provided in Vista, the Landscape Institute’s weekly update.