Page 7 - ALG Issue 4 2020

legal matters
The Planning White Paper Consultation – Planning for the Future
Ministry of Housing, Communities & Local Government (MHCLG)
This document was released on the 6th August 2020, and with it potentially ushers in a brave new world for planning.
It contains a raft of measures designed to cut red tape and make the planning process faster, simpler, and more focused. In addition, enhanced community engagement and increased use of “PropTech” solutions feature as part of these proposed changes.
The proposals in the paper apply to England only, planning is devolved in Scotland and Wales. The Consultation will last until the 29th October 2020 and subject to the outcome of the Consultation paper, legislation and policy changes will be brought into effect.
These proposals include:
04Protection
Areas zoned as “protected” will
continue with the existing planning process, with all existing Green Belt and Areas of Outstanding Natural Beauty and similar such designations remaining in force. This suggests that areas which are open countryside, with no landscape protections, could be designated “protected” in the future.
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08“Duty to co-operate” removed Given the imposition of a top-
down target, councils will no longer have a duty to co-operate with each other over the drawing up of local plans, as the numbers will be set by government. Numbers will take into account the presence of constraints
on growth, such as green belt, but the White Paper does not comment on how this will achieved.
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Zoning
Under the new proposals, local authorities will have to bring forward revised local plans, zoning all land in their areas for “growth”, “renewal” or “protection”.
Section 106 to be removed
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Growth Areas
Digital planning
Public involvement in local
Areas zoned for “growth”
will accommodate “substantial development” and will benefit from outline permission, but developers will still need to secure further permission in accordance with locally drawn up design codes – though councils will not be able to debate the principle of the scheme.
Top-down housing targets
Revised local plans
Local authorities will have a considerably shorter period of 30 months to produce a new-style revised local plan, down from a current average of seven years. While the new plans will be more powerful in that they will confer planning permission to “growth” sites, councils will lose the ability to set local policies. Instead, all planning policy
will be set nationally with local plans restricted to development allocation and the specific codes and standards to be applied to projects in the development zones.
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The existing system of developer contributions is to end. Section 106 agreements will be scrapped, while
the existing Community Infrastructure Levy will be morphed into a nationally- set levy on development value that the government says will bring in at least as much or more in the way of developer contributions as the existing system. The levy will be paid at the point of occupation, leaving councils to pay for and deliver any infrastructure needed up front. Councils will be allowed to borrow against future levy receipts to fund this.
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planning is to be greatly expanded by digitising the service. This will allow much easier public access to planning documents. These will be published online in standardised formats with “digitally consumable rules and data”, allowing people to even respond to consultations from their phones.
The National Allotment Society will be responding to the Consultation. Further details and the White Paper can found at https://www.gov.uk/government/ consultations/planning-for-the-future.
Liz Bunting
Legal and Operations Manager
It contains a raft of measures designed to cut red tape and make the planning process faster, simpler, and more focused.
New design code body
Anewbodyistobesetupto
be given the role of supporting local authorities in the creation of local design codes. Under the proposals each local authority will be expected
to employ a chief officer for design, to oversee quality. Local design codes must have community input to be valid.
More permitted development
Within the “renewal” areas, certain pre-approved development types – such as the densification
of suburban semis – will be given automatic pre-approval via new permitted development rights. These new permitted development rights will also have to take account of local design codes.
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03Renewal
Areas zoned for “renewal” will
be seen as suitable for some building, such as infill development, and will benefit from a statutory “presumption in favour” of development. Schemes that accord with local design codes will benefit from a “fast-track for beauty” recommended by the government’s new Building Better Building Beautiful Commission.
Within the proposals the government plans to impose top-down housing targets on local authorities.
It is now envisaged that every local authority will be bound by targets
set by a renewed “standard method” for calculating housing need. The standard method will be based on how many existing homes are in an area, the projected rise in households, and changes in affordability.
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