Planning and Infrastructure Bill to see introduction of national scheme of delegation and councils allowed to set planning fees

A national scheme of delegation setting out which types of applications should be determined by officers and which should go to committee, controls over the size of planning committees that will see “unwieldy” committees banned, and mandatory training for planning committee members are among the reforms set out in the Planning and Infrastructure Bill introduced in Parliament today (11 March).

Councils will also be empowered to set their own planning fees to allow them to cover their costs, said the Ministry of Housing, Communities and Local Government (MHCLG), which has estimated the current deficit at £362m in the recent year.

The Bill will also see:

• The introduction of a system of ‘strategic planning’ across England known as spatial development strategies, “which will help to boost growth by looking across multiple local planning authorities for the most sustainable areas to build and ensuring there is a clear join-up between development needs and infrastructure requirements”. These plans will be produced by mayors, or by local authorities in some cases.
• The establishment of a Nature Restoration Fund. This will allow builders to “meet their environmental obligations faster and at a greater scale by pooling contributions to fund larger environmental interventions”.
• Reforms to compulsory purchase. These will “ensure compensation paid to landowners is not excessive and the process of using directions to remove ‘hope value’ – the value attributed to the prospect of planning permission being granted for alternative development – where justified in the public interest is sped-up”. Inspectors, councils or mayors where there are no objections, will take decisions instead of the Secretary of State.
• Strengthening of Development Corporations. This will “make it easier to deliver large-scale development – like the government’s new towns – and build 1.5 million homes alongside the required infrastructure”.
• Reforms to ensure a faster National Significant Infrastructure Projects (NSIP) regime. “It will make sure the consultation requirements for projects – such as windfarms, roads or railway lines – are streamlined, and ensure the national policies against which infrastructure applications are assessed are updated at least every five years so the government’s priorities are clear.” Other changes will be made to the Highways Act and the Transport and Works Act “to reduce bureaucracy so transport projects can progress quicker”.
• An overhaul of the process by which government decisions on major infrastructure projects can be challenged. “Meritless cases will only have one – rather than three – attempts at legal challenge.” 
• Approved clean energy projects that help achieve clean power by 2030, including wind and solar power, will be prioritised for grid connections.
• Bill discounts for people living within 500m of new pylons.
• Streamlining the process to install EV charging infrastructure.

The MHCLG claimed that the reforms would be “transformative” and “get Britain building, tackle blockers and unleash billions in economic growth”.

Deputy Prime Minister and Secretary of State for Housing, Angela Rayner said: “We’re creating the biggest building boom in a generation - as a major step forward in getting Britain building again and unleashing economic growth in every corner of the country, by lifting the bureaucratic burden which has been holding back developments for too long.

“The Planning and Infrastructure Bill will unleash seismic reforms to help builders get shovels in the ground quicker to build more homes, and the vital infrastructure we need to improve transport links and make Britain a clean energy superpower to protect billpayers.”

She added: “It will help us to deliver the 1.5 million homes we have committed to so we can tackle the housing crisis we have inherited head on – not only for people desperate to buy a home, but for the families and young children stuck in temporary accommodation and in need of a safe, secure roof over their heads.

“These reforms are at the heart of our Plan for Change, ensuring we are backing the builders, taking on the blockers, and delivering the homes and infrastructure this country so badly needs.”

Reacting to the introduction of the Bill, Cllr Adam Hug, Housing and Planning spokesperson for the Local Government Association, said: “This Bill has included some of the LGA’s long term asks, such as making it easier for councils to purchase vacant land for house building, localising planning fees, and increasing planning capacity. These will speed up the planning process and ease the building of new homes and necessary infrastructure we need across the country.

“However, there remains concerns around how it will ensure that councils – who know their areas best and what they need – remain at the heart of the planning process. The democratic role of councillors in decision-making is the backbone of the English planning system, and this should not be diminished. Councils approve nine out of ten planning applications that come before them.”

Cllr Richard Wright, the District Councils’ Network’s planning spokesperson said: “There is lots to welcome in this new Bill: the reintroduction of strategic planning; reforms to compulsory purchase; and powers to set planning fees locally. These are all measures councils have long sought.

“However, it is disappointing that the Government has taken the retrograde step of curtailing the role of democratically elected councillors in the planning process.

“Democracy is not an optional extra – it’s the core component of an effective planning system.”

He added: “While the Bill focuses on speeding up the planning process, it is a missed opportunity. The biggest issue in the delivery of new homes is the fact that homes with planning permission are not being built out

“We want the levers and powers to address stalled sites, including powers to set expiry dates on permission and powers to levy council tax on sites that haven’t been built after a specified period.”

Cllr Richard Clewer, Housing and Planning Spokesperson for the County Councils Network meanwhile described the return of strategic planning as "long overdue" and if implemented effectively and correctly, it would help deliver more homes.

He said: "It will allow areas to pinpoint the right homes in the right places and will enable councils and their partners to plan more effectively for infrastructure in order to make development sustainable."

Cllr Clewer warned that the changes would "require a lot more local authority resourcing, so it is imperative that county and unitary councils have the funding to assemble strategic planning teams and deliver evidence bases to make these new plans as effective as they could be. This should be a considered in the upcoming Spending Review, where the funding a local authority receives could dictate how comprehensive its strategic plan is. Alongside funding, the government must also ensure councils have the workforce capacity needed. This is especially pertinent for large rural areas where recruitment and retention of planners is more of a challenge.”

He added: “Councils share the government’s ambition to build more homes of all tenures, providing they are in suitable locations and making it easier for councils to compulsory purchase land for affordable housing will be a useful tool.

“However, we are concerned about efforts to dilute and bypass the role of councillors on planning committees, particularly in rural areas where significant developments could only constitute a few dozen homes. By only allowing councillors to debate and discuss only the proposals that the government defines as a large development, this will erode local people’s voice within the planning system.  It will also take away the discretion that can be used by planning committees to resolve small applications that come down to very nuanced decisions.”