While most of the measures included in the first reading of the Planning and Infrastructure Bill have been on the proverbial table of consultation for months, yesterday’s publication brings them one step closer to reality, giving some clear ‘policy teeth’ to central government’s grand ambitions. The key themes underpinning these measures appear to be Speed, Consistency and Scale – to deliver development quickly, in a way which is consistent and defensible and at a scale to create transformative change.
What follows is a summary by our Associate Planner Alexandra Egge of each of the five parts of the bill, noting that the technical depths of energy generation regimes in Scotland, application fees for Harbour Orders and amendments to model clauses in the Transport and Works Act 1992 have been omitted from this roundup.
Bringing a memorable twist to the piece, Alex has also included a summary haiku at the end of each part to give a snapshot of the key takeaways…
Part 1: Infrastructure
NSIP consenting
The proposed changes to the consenting regime for nationally significant infrastructure focuses heavily on streamlining the processes for amending National Policy Statements, consultation on DCOs and posing legal challenges.
Electricity
The Bill includes a series of measures to facilitate sustainable energy generation, such as reprioritising the way projects are connected to the grid, investing in long duration electricity storage (LDES), empowering forestry authorities to develop their land for sustainable energy generation and creation of a compensation/discount scheme for communities most directly impacted by new electricity infrastructure.
The key sections above are also accompanied by a flurry of measures relating to electricity licenses and condition agreements, highways consenting via the Highways ACT and Transport and Works Act, standardising objection periods for highways schemes and simplifying the process for installing EV charging points on the public highway.
Infrastructure comes
Fewer voices in process
Funds ease the changes?
Part 2: Planning
Planning Fees
Planning authorities will gain the power to set their own planning fees, which will be re-invested into the system to speed up decisions and cover costs (is this the long-awaiting ring-fencing which has been notably missing from recent fee increases?). It is worth noting too that MHCLG will have oversight to ensure that fees are set appropriately.
Committees
In a move to streamline and expedite the planning process, a national scheme of delegation will be introduced and the size of planning committees will be limited. In addition, mandatory training will be provided to committee members to help ensure decisions are sound and rooted in planning policy.
Strategic Planning
The bill makes official the long-anticipated return of spatial planning to the English planning system. This process has already hit the ground running.
in recent months as local authorities scramble to find their place amongst the forthcoming Strategic Planning Authorities. Each of these authorities will be required to prepare a Spatial Development Strategy (SDS) which will include plans for the area’s amount and distribution of housing; climate policies; Nature Recovery Strategies and strategic infrastructure. Interesting the bill also notes that SDS will address health issues, which is a refreshingly outcomes-oriented approach to planning reform, however what this means in practice is yet to be clarified.
There is also a clear commitment to delivery at pace with the bill requiring SPAs to set out timetables to bring forward SDS including consultation programmes through to examination and monitoring, with national government empowered to intervene if progress stalls.
Fees up in the air,
Committee power waning,
Regions must move fast
Part 3: Nature Recovery
Environmental Development Plans and Nature Restoration levies are introduced in order to streamline environmental impact assessments and deliver mitigation at a strategic scale rather than the piecemeal application-by-application approach. Though levy rates remain uncertain, clause 64 ensures that the economic viability of development is a consideration when authorities set their charging schedules, and clause 65 provides the right to appeal levy calculations.
Mitigation plan
Less time to spend applying
Make payment instead
Part 4: Development Corporations
The strengthening of the role of Development Corporations, in combination with the identification of a series of New Towns, certainly feels like postwar housing history repeating itself. What feels perhaps more modern is the duty to “have regard for sustainable development and climate change” as well as “the desirability of good design”. It’s also somewhat perplexing to see that a single development corporation can be empowered to bring forward more than one new town in England, which given the likely geographic spread of new towns would be an interesting possibility to watch play out.
The power of Development Corporations bringing forward development at a scale and risk-profile which wouldn’t be possible through private sector channels alone will be fundamental in delivering housing at the scale required to meet the Government’s commitments, and as we learn more about where the new towns are going to be located (and how they fit within the new SPA system) these powers will come into clearer focus.
DevCos back in town
Climate, design shaping plans,
Where will this begin?
Part 5: Compulsory Purchase Reform
The bill puts forward a series of amendments to the Compulsory Purchase regime including removal of the requirement to pay Hope Value, streamlining approvals processes, and enabling electronic notification all of which aim to expedite delivery of stalled sites and development in the public interest. However, the reaction of communities and landowners to the way these powers could be used is yet to be seen and is certainly something to watch.
In summary, the Planning and Infrastructure Bill provides the long-awaited detail of how the Government will speed up the planning process and deliver a new paradigm of regional planning. The commitment to speed and streamlining is clear throughout the bill, however only time will tell if these measures are enough to unblock the system, encourage developer confidence and deliver a new regional perspective of strategic development.