New legislation aims to propel housing and infrastructure construction at a faster pace with the consolidation and simplification of planning rules. The purpose of the Act is to make it so delays and bottlenecks in the planning stages will be ameliorated; and commercial property construction and housing development in across the UK will be accelerated.
The Planning and Infrastructure Act (PIA) is now being rolled out and brings much-needed compulsory purchase reform and further changes that will hopefully accelerate commercial growth. As with all planning reform, the target is to remove red tape and other obstacles that government acknowledges are unnecessary.
Under the old framework, planning applications were taking significantly longer than the suggested 16 weeks turnaround (26 weeks for major applications). Securing approval has been taking even longer where complex issues or further queries were involved.
The resulting delays cause additional expense and frustration, and the commercial and financial uncertainties put businesses at risk.
Changes now in force
The PIA is wide-ranging and here we’ve highlighted key changes most applicable to our clients.
Legal challenge – Previously, if a planning permission or listed building consent was being challenged, permissions were at risk of being timed out. Now, the time limit to implement the planning permission subject to a High Court challenge is extended by a year (two years in the Court of Appeal).
However, note this does not apply to the grant of outline planning permissions or approval of reserved matters.
Compulsory purchase – CPO rules and processes (including land compensation rules) have been simplified under Part 5 of the PIA. Local authorities are now able to use their powers more flexibly and speedily. They will also have power, when implemented, to set their own planning fees.
Statutory notices can now be electronically delivered; newspaper notices simplified; quicker vesting of land and properties by local authorities; and greater delegation of decision-making between planning officers, and a planning committee (members of which must undertake mandatory training).
Forthcoming changes
Pre-application - The period for pre-application requirements for Nationally Significant Infrastructure Projects will be overhauled to speed up major infrastructure projects by around a year.
EDPs - Commenced sites will be permitted (under Part 3) to benefit from an environmental delivery plan (EDP) – a notable benefit for bigger and more complex projects. Under current rules, developers can only benefit from an EDP prior to commencement.
Multi-authority strategic planning - A new strategic planning system (‘spatial development strategies’) will be introduced. This will involve looking across multiple local planning authorities to identify the most sustainable areas to build; and to ensure new infrastructure is also being planned for new housing developments.
Further changes and consolidations related to Development and Nature Recovery (Part 3) and Development Corporations (Part 4) will come in effect on dates yet to be confirmed.
Contact us
For specialist advice from experienced commercial property solicitors, please get in touch with Phil Hutsby-Hunt on 0121 2367388 or email him at phil.hutsby-hunt@mfgsolicitors.com.