GL Hearn Planning Briefing: Planning Reform in England

Martin Kelly, National Head of Planning at GL Hearn, shares his initial thoughts on the outline proposals published by government this week in their Planning for the Future White Paper and what the consultation could mean for the future of planning policy in England.

Following the various changes made to permitted development rights and use classes in recent weeks, the government published its much-anticipated White Paper on planning reform on Thursday 6 August and associated consultation documents on subjects, including changes to the Standard Methodology for calculating Housing Requirements; First Homes; support for SME developers, and extension of Permission-in-Principle to cover major development.

Billed as a 'once in a generation planning reform', the Planning for the Future consultation published by government this week is set to run over the next 12-weeks and closes on 29 October 2020. There is a shorter eight-week consultation period on the Changes to the Planning System consultation paper, closing on 1 October, which we will be advising clients on and responding to accordingly.

You can view the Planning for the Future White Paper and the Changes to the Planning System consultation in full here.

Whether this reform delivers revolution or a more measured reworking of the current system will depend on detail, on resourcing, and on the deliverability of the proposals. Whatever the outcome, the opportunity to be part of this fundamental change is an exciting one. With challenge most definitely comes opportunity, and we are pleased to be able to contribute to shaping successful planning outcomes for the future.

Proposed 'zones'

The reforms are indicated to include a re-classification of land into three broad zones:

Growth Areas – in which development including new homes, hospitals, schools, shops and offices will effectively be given a green light, subject to meeting various requirements and design standards (yet to be specified).

Renewal Areas – in which there will be a Permission in Principle approach to development, subject to satisfying various criteria (yet to be specified) and meeting design and other standards

Protected Areas – in which land will be protected for various reasons, rather as it is now in areas such as Green Belt, Areas of Outstanding Natural Beauty etc...

There will also be a revised system of developer contributions towards the provision of infrastructure which will secure a greater proportion of the land value uplift than at present

Finally, there is to be emphasis on the introduction of more comprehensive digital technologies which will remove the need for notices on lampposts that have been the public face of the development management system for several decades. Surely a welcome opportunity to enhance engagement in local communities, and something which has already accelerated in recent months as a result of COVID-19 and lockdown.

Headlines from the proposals

The White Paper outlines 24 proposals in total, all of which raise a wide range of questions for planners, developers and local authorities. In the main, the overriding concerns will surely centre around how well the theory can work practically.

Consistent throughout the paper is government’s ambition to make a step change in the rate and quantity of houses delivered, as is an ambition to achieve 300,000 dwellings per annum (as a national average).  Proposed changes to the Standard Methodology would see significant increases in requirements for 141 local planning authorities outside London.

Local Plans are proposed to cover a ten-year period (not 15-years as currently) and the tests of soundness are set to be removed and replaced by a Sustainable Development test and there is also a proposal to remove the Duty to Co-operate and replace it with a revised approach (as yet unspecified).

Just how absolute the protection for Protected Areas will be also remains to be seen. ill there be exceptions made? Will there be scope to re-define boundaries of such areas (particularly Green Belt) or will it simply be taken as it currently exists?

In the proposed Renewal Areas will policies be defined to guide development. Will new documents that might otherwise look a little like Local Plans be required and if so, what will the transition period be? Will there be different requirements to set the overall levels of growth, e.g. the proposed changes to the Standard Methodology for setting housing requirements?

In the Growth Areas, what checks will there be on development proposals? If it is simply the requirement to meet a set of codes (including design codes) then what will the process be for defining those and what will the transition period be?

In all three areas, we await details of what will happen with EIA requirements (amongst others)

Significant reform

These reforms have been touted as the most significant since the inception of the Town and Country Planning Act in 1947, and so their scale and impact will likely be hugely significant.

Much will depend on the detail of what is announced and enacted (and on any transition periods), with implications on timelines for existing and future planned development. The need to resource planning effectively will also impact the practicality of any of the proposals outlined in the paper.

• Share