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19 July 2024 | Comment | Article by Alex Madden

Planning devolution revolution


The highly anticipated King’s speech didn’t disappoint those involved in the built environment. As expected, planning reform featured high on the agenda as the Government seeks to accelerate the delivery of high-quality infrastructure and housing with the introduction of the Planning and Infrastructure Bill in a move that promises to get Britain building again.

The background briefing notes added some flesh to bones and contained further encouraging content on how the Bill will play a key role in unlocking more housing and infrastructure across the country and supporting sustained economic growth.

Chief amongst them, the Bill aims to speed up and streamline the planning process in order to build more homes of all tenures and accelerate the delivery of major infrastructure projects in alignment with the Government’s industrial, energy, and transport strategies.

I believe it’s welcome news that Labour has put tackling the planning system, and in turn the housing crisis, at the centre of its bid to drive economic growth. Furthermore, the highly ambitious pledge to build 1.5 million new homes over the course of the parliamentary term has also grabbed the headlines and the use of grey belt land for new homes will be key to getting anywhere near this target.

Improvements to the planning system at a local level with modernising planning committees and increasing local planning authorities’ capacity to deliver an improved service will also be music to developers’ ears as the delays in seeking consents is a source of huge frustration for many.

The acceleration of housebuilding and infrastructure delivery by streamlining the delivery process for critical infrastructure including accelerating upgrades to the national grid and boosting renewable energy, which will benefit local communities, unlock delivery of our 2030 clean power mission and net zero obligations, and secure domestic energy security was also welcome news.

To this end, there will be a move to simplify the consenting process for major infrastructure projects and enable relevant, new and improved National Policy Statements to come forward, establishing a review process that provides the opportunity for them to be updated every five years, giving increased certainty to developers and communities.

There was also a mention to further reforming compulsory purchase compensation rules to ensure that compensation paid to landowners is fair but not excessive where important social and physical infrastructure and affordable housing are being delivered. The reforms will help unlock more sites for development, enabling more effective land assembly, and in doing so speeding up housebuilding and delivering more affordable housing, supporting the public interest.

Further encouragement for developers came with news that the Government aims to improve performance and decision-making by modernising planning committees and increasing local planning authorities’ capacity that should provide a more predictable service to developers and investors alike.

Labour have also underlined their commitment to the environment by stating its intention to use development to fund nature recovery where currently both are stalled that will, it says, unlock “a win-win outcome for the economy and for nature.”  It went to say that “Our commitment to the environment is unwavering, which is why the Government will work with nature delivery organisations, stakeholders and the sector over the summer to determine the best way forward. We will only act in legislation where we can confirm to Parliament that the steps we are taking will deliver positive environmental outcomes. Where we can demonstrate this, the Bill will deliver any necessary changes.”  This will be welcome news to developers who have seen their schemes face delay due to the need to demonstrate nutrient neutrality in those sensitive catchments.

We also heard news of an English Devolution Bill will establish a new framework for English devolution moving power out of Westminster and back to those who know their areas best. It will give local leaders the tools they need to drive growth. I see this as an important step in addressing the housing crisis by providing the metro mayoral combined authority areas  spatial plan making powers and further detail here is eagerly awaited.

So come ministers and parliamentarians please heed the call, don’t stand in the doorway and don’t block up the hall.  Times they are a-changing.

If you have any questions regarding any of the matters raised in this article, please get in touch with our Energy and Renewables team who would be happy to offer more guidance.

Author bio

Alex Madden

Partner

Alex Madden has over 20 years’ experience advising on planning and environmental matters.  He is a Solicitor-Advocate with higher rights of audience in the Civil Courts, a Legal Associate of the RTPI and a Fellow of BIAC.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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