Planning Reforms

The new rules will require all planning applications to be accompanied by new statements setting out how the design of a proposal has been arrived at and how buildings and sites are going to be accessed by all. 

The new requirements are part of an ongoing Government commitment to reform and modernise the planning system. However, the changes will undoubtedly make it more challenging for many people to submit their applications as the new requirements can be quite onerous. 

The reforms also affect the way in which outline consents are submitted. The days when land owners submitted simple plans with red lines around them and asked simple questions about what they could do inside the red line are coming to an end. Not only will a land owner have to submit their reasons and justification for their ideas, they will now have to provide the council with far more information about what they might put on the site, including numbers of any houses proposed. 

In theory, the changes will mean that there is more certainty and clarity than at present. In practise, it means that applicants need to have a good understanding of how the planning system operates before they start making enquiries of a council. 

Far from making the planning system simpler and more accessible, the new changes make it more difficult to understand and interpret. 

Still on the issue of housing numbers, we have previouslyhighlighted the progress being made with regional plans to determine how much land the North East needed for housing between now and 2021. 

A public inquiry into the Regional Spatial Strategy took place in April and the Inspector’s report into the region’s needs will go to the Secretary of State next month. 

Once she has considered it and issued her response, work will start apace on translating headline numbers into realities on the ground in each local authority area.

Anyone who has land they want to be considered and has not already submitted their case to their local planning authority should seek professional help without delay. 

Finally, new case law suggests planning permissions might be invalid if there have been any discrepancies in the construction of a building, both inside and outside, from the permission granted. This might be good news for those with onerous conditions on older property, such as occupancy conditions or restrictions on hours of use.

But anyone buying newer property needs to be more cautious and ask the right questions at the time they buy. Those buying property constructed within the last four years which is not fully in accordance with the submitted plans might find themselves facing enforcement action by the Local Planning Authority.

The new case law stems from a series of cases where people have put up buildings with minor departures from the plans which were originally approved. Historically this has been dealt with by a “minor variations” to an approved plan but this is proving increasingly difficult to achieve with local authorities tied by new court interpretations.

It makes it more important than ever that people seek advice from specialist planning teams.