In a nutshell: Development control and the Planning Act

The Planning and Compulsory Purchase Act promises to usher in major reforms for the development plan regime but the greatest challenge could be for development controllers.

Development control officers could become an endangered species.

Ministers have made it clear that "planners have become regulators and have lost the sense of vision that is needed to create sustainable communities".

While the legislation does not make this explicit, the sub-text would suggest that development controllers are out, development managers are in.

That is certainly the view of the Royal Town Planning Institute, whose recent manifesto was a call to arms on that very theme.

Earlier this year a coalition of organisations launched a concordant explicitly intended to set a positive agenda for planning.

The Office of the Deputy Prime Minister (ODPM) and the British Property Federation are now shoulder to shoulder with the RTPI, the Audit Commission, the Planning Officers Society, the Planning Inspectorate, the Town and Country Planning Association and the Society of Local Authority Chief Executive.

They have all signed up to what amounts to cultural transformation.

Instead of the "defensive, negative development-control-led doldrums", planning will deliver "environmental and economic quality for all our communities".

That’s the pledge from the government. Making this happen will be a challenge.

Most planning authorities are over-worked, under-staffed and find it difficult to attract and retain staff of the calibre required to deliver the new planning imperatives.

The government has recognised the need for more resources by allocating £350m over three years via the Planning Delivery Grant.

In addition, the ODPM has announced funding for 144 post-graduate planning places at 12 universities across the UK.

However, these initiatives will take some time to make a difference.

The next generation of planning

Users of the planning system can expect a period of transition as planning departments consider reorganising themselves on less traditional lines.

Some planning authorities have already begun this reorganisation effort.

One indication is the fact that major project teams, which were strongly advocated by the Egan Report, have started to mushroom.

Whatever happens on the organisational and cultural front the Planning Act will result in some very specific changes to the development control regime:

• Local planning authorities will be able to introduce local permitted rights via local development orders.
• The Secretary of State will be able to make development orders and regulations prescribing the procedure for making applications for planning permission and certain consents.
• The legislation will mean higher fees and the likelihood that a wider range of planning functions will need payments.
• There are new powers for the setting of timetables for called-in and recovered appeals and connected decisions.
• Local planning authorities will be able to decline to determine applications in some circumstances.
• The duration of planning permissions and consents will be reduced from five years to three.
• Outline planning permissions are being retained following a campaign by development interests.
• The legislation holds out the prospect of an optional planning charges alongside a reformed s106 system. (How this will work in detail will become clearer by the end of the year, or possibly later.)
• The regime for major infrastructure projects is set to be tweaked.
• The original intention to hand Parliament a major role has been dropped. Major schemes will have to be accompanied by economic assessments.
• The legislation allows the government to close the mezzanine floor loophole.
• Local planning authorities are set receive a new power to issue 'temporary stop notices' at the start of unauthorised development, before an enforcement notice is served.
• Parish councils will retain their status as consultees on planning applications and a new era of standard application forms is provided for.

The government's planning reform agenda will take some time to reach fruition.

The increased use of design codes may make for a smoother service eventually but this approach is yet to be fully trialled.

It is certain that for everyone involved in development control, change is inescapable.

Further milestones will be reached following revisions to the General Development Order and the enforcement regime - areas not covered by the Planning Act.

View the full text of the Planning and Compulsory Purchase Act 2004 here.

View the 'Egan review of skills' on the ODPM website.

FEEDBACK: If you have any comments on the above or requests for future articles, please email editorial@planningportal.gsi.gov.uk.

Roger Milne

28th May 2004

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