The Planning Bill

Now another Planning Bill is proposing a further raft of changes.

One of the headline changes is the setting up of a national Infrastructure Planning Commission (IPC) to determine nationally significant proposals for new roads, airports, power stations and the like.

The idea of an IPC may seem a positive way forward, or at least worthy of testing. In reality, it will not affect many since it will apply only to a very small number of proposals, perhaps as few as 45 a year.

However, the Planning Bill does a lot more than just lay the foundations for the IPC and contains some challenging ideas which will have wide ranging implications.

Perhaps the most radical concept is to remove the automatic right of appeal to the Secretary of State when decisions are refused locally by planning officers.

Instead new Local Member Review Boards (LMRBs) could provide a scrutiny role.

With around 90 per cent of all decisions made by officers as opposed to members, this is seen by many as a step too far.

Those who have lodged appeals over the last 12 months will know that the Planning Inspectorate wheels grind exceedingly slowly at times, particularly if you are seeking an informal hearing to explain your case. The proposed move is seen as one way in which to reduce its workload.

With many delegated decisions undoubtedly influenced by local concerns, including the views of local members, critics are concerned that this move is a significant erosion of the impartiality of the appeals system.

Currently all appeals are free, apart from the appellants’ own costs. A new clause is being introduced that will impose a charge, in addition to the application fee.

The new Community Infrastructure Charge (CIC) is also introduced as an alternative to the much criticised Planning Gain Supplement and will be a cost on new developments that is set and used locally.

It represents a form of tax on new developments and careful attention to the financial planning of a project will be necessary to ensure the CIC does not wipe away hard earned profit.

The Bill is not all doom and gloom, however. At last a clause is proposed which will allow local authorities to approve minor variations in previously approved plans.

This is not yet part of the law so anyone with issues over the scope of their permission will still need to discuss matters with their planning advisor.

* Steve Barker is head of the Planning team at Blackett Hart & Pratt in the Tees Valley. For more information, contact him on (01325) 376440.