Minutes:
Nick Harding explained that nothing has been implemented since the last meeting of the forum.
He explained that the Levelling up and Regeneration Act has reached bill stage and has been published in May 2022.
The key points contained within that bill are:
There is going to be a national set of development management policies and the scope of Local Plans will be brought down so that it is only dealing with particular local matters and in doing so the local plans can be prepared more expediently than has currently been the case.
Other proposals include digitisation of the planning system and the Government expectation that from start to finish on the preparation of a plan to its adoption within 30 months. Nick Harding stated that in his opinion that is optimistic, unless significant changes are made to the system and most local plans contain policies which are local issues and, in his view, he does not feel that it will much be as much of a time saver as is being suggested.
Nick Harding explained that the Government are also considering the removal of the requirement for local planning authorities to maintain a 5-year land supply in order to expedite the preparation of their new local plans where the authority already has an up-to-date local plan. H e expressed the view that it makes sense in terms of the five-year rolling review of the local plans but it should not be forgotten that there will always be a housing delivery target.
Nick Harding explained that each local authority is expected to have a design code which will act as a framework from which subsequent detailed design codes will come forward on specific areas or sites. He added that he has looked at what is coming out nationally on the issue of design and in his opinion, he finds it quite bland in terms of content and very general and not very specific. He added that it must be very difficult generally to know how to apply the statements that have been published to any particular site because whatever is written could mean different things to different people. Nick Harding expressed the view that what is need is something that is straight to the point and identifies boundaries on particular design issues in order for it to make progress as there will always be certain situations whereby subjectivity on design matters is going to vary from one case officer to another.
Nick Harding referred to applications being determined in accordance with the development plan, and he explained that the principle concerning that is not proposed to be changed except for the insertion of the word strongly which in his opinion is not likely to make any meaningful difference.
He referred to the next item concerning street votes, which is around the community getting together to allow for greater flexibility on what gets built in their local area and he has interpreted it to mean that it is potentially going to be a local development order which allows more development to go ahead than is currently allowed for under permitted development.
Nick Harding explained that planning application fees are likely to increase by more than a third and he added that he would hope that it will also include the stipulation that any income should be ring fenced for investment into the planning services.
He advised that Environmental Impact Assessments are going to be replaced by Environmental Outcome Reports and the intention that these will be clearer and simpler to produce.
Government are looking to replace the current CIL regime with a locally set mandatory levy and that will be based on the gross development value. This levy would be chargeable once the property is sold for the first time and then the pressure does fall directly on the developer and upfront. The idea is that it will be a more measured approach.
Section 106 agreements are likely to continue but their scope will be narrowed down from what they currently cover.
Infrastructure delivery strategies will have to be produced by local authorities so that there is transparency to show where local authorities are spending the money that is being brought into the new levy.
Nick Harding explained that with regards to enforcement, Central Government are looking to extend the time period within which Local Authorities can take enforcement action from 4 years to 10 years. He added that there are also changes to the system, so that enforcement warning notices can be issued to encourage people to submit planning applications where there is a reasonable prospect of permission being granted and those application would need to be submitted within a specified period as set out in the notice. He expressed the opinion that he does see the merit in this proposal and added that if a case should arise it is sieved, and a decision is made as to whether it needs planning permission or it does not and if it does not then no further action would be taken and if it needed planning permission and needs no conditions controlling the activity then no enforcement action would be taken. Nick Harding explained that enforcement action would only be taken if whatever has been done is inappropriate or if it is appropriate development, but it needs controlling conditions then a notice would be served.
David Thomas asked with regard to the payment for the replacement of CIL’s and he presumed it would be due when properties were sold and if they are not sold the replacement CIL would never be paid. He asked whether there is any protection is in place to stop properties being sold for ridiculously low amounts. Nick Harding confirmed that the David’s assumption is correct as to when the monies would be due, and he added that with regards to protection measures he has not seen any steps included but that does not mean that there will not be a mechanism put in place going forward.
Nick Harding explained that Central Government are looking New clause 73B into the TCPA to allow more flexibility to vary non-substantial changes to planning permissions (including the description of development). This will enable changes to planning permissions without the submission of multiple applications either under section 73 (to vary a condition) or section 96A (to amend the description) which will be cheaper and easier for local authorities to use their compulsory purchase powers by reducing the level of compensation they have to pay landowners. He added that a new power is proposed to require landlords to put units that had been vacant for over a year into “rental auctions” so that local community groups, charities and start-ups can bid on them.
Tim Slater stated that he thinks that the 73b I sensible to make the modifications simpler. He added that the compulsory purchase order is such a rare event it will not make much difference to most thing and with a lot of the proposed changes it is very difficult to see how they are going to work in practice.
Nick Harding explained that he has been to a few sessions with the Government and they have spoken on hoe the planning system could be streamlined and made better and one of the points he has raised is that when it comes to prior approval applications for the fee that is obtained compared to the amount of work that has to be undertaken is hugely disproportionate and in his view then it should be permitted development rather than the prior notification process, as it costs too much and takes too much time.