Development Control

Part 4 of the Act introduces a series of development control measures. LPAs will be able to introduce local permitted development rights by way of local development orders.

The Secretary of State will be able to make development orders and regulations prescribing the procedures for making applications for permission and certain consents.

The SoS will have powers to prescribe fees and charges and set timetables for ‘call-ins’ and recovered appeals.

This section also allows LPAs to decline to determine applications. The duration of planning permissions and consents is also covered here.

In addition, this part of the Act details changes in the way major infrastructure schemas are handled and allows the SoS to direct that a particular project is referred to him rather than dealt with by the LPA.

This section is also where you will find the new powers in respect of mezzanine floors, temporary stop notices as well as the possibility of replacing the s106 regime with a form of planning tariff.

The latter won’t be enacted for some months while the detail of the scheme is agreed with interested parties.

It may not come into force, anyway, until next year when the government is due to decide whether it agrees with Kate Barker’s alternative formula involving a form of development tax.

Finally (but not exhaustively) this section makes new provisions for simplified planning zones (SPZs) though ministers are resigned to the fact that there is unlikely to be a rash of SPZs.