We consider some of the more important aspects as it will affect planning decisions and the grant of planning permissions........
Local Authority Powers
Local authorities are provided with a general power of competence which will mean that they can do anything that an individual can do provided it is not specifically banned by other laws. It also appears to extend the ability of local authorities to charge for services which they provide (subject to specific restrictions).
In terms of planning decisions the powers which are most likely to be noticed are changes relating to predetermination; where applicants feel that local authority councillors have taken an active role in either promoting or opposing a particular development scheme and then vote on the decision. In those circumstances it will become very much more difficult to challenge such a decision on the basis of predetermination and bias, as such, early consideration will need to be given to whether general legal rules of natural justice can be said to be compromised. It is likely that in contentious cases legal views will need to be sought early.
Regional Spatial Strategy
The Act proposes the abolition of RSSs which will mean that the allocations such as the total numbers of housing to be provided within an area can be set by the local councils in their Local Development Plan rather than being regionally imposed. It is likely that this will open opportunities in some areas where local authorities are promoting development and restrict (and potentially result in loss of previously allocated areas for housing) in others.
Neighbourhood Planning
The Act introduces the concept of neighbourhood plans which will enable local people to promote neighbourhood plans in their areas and be able to specify factors such as the size and type and design of development, for example housing units. Any such plan would have to conform to the Local Development Plan. Community groups/businesses and developers should seek advice early if they intend to promote neighbourhood plans (some government funding may be available for promotion of such plans). The promotion of neighbourhood plans is likely to be expensive and time consuming and for those neighbourhoods wishing to take part, early involvement is recommended. Loc al Development Orders can also be used to promote certain types of development in specific areas.
Safeguarding Buildings of Local Importance
One of the key themes of the coalition government was to enable local communities to protect their local assets, such as their local post offices and butchers etc. The Act offers an opportunity for these buildings to be identified and sets out the procedure and mechanisms to be able to protect and secure their future for community purposes. It has the potential of restricting future sale and use of such land/property by the owner.
Opportunities for Providing Local Services
The Act also provides potential opportunities for competition to be introduced into the provision of local services and may be something which is of interest to those looking to compete for the provision of non-statutory local authority services.
Enforcement
The old rules which provided a complete embargo on taking enforcement action after 4 years (in relation to operational work/development) and 10 years (in relation to change of use) has been diluted such that local authorities may be able to take enforcement action after they become aware of a concealed breach outside those time limits. These changes will be particularly important in relation to applications for a lawful use certificate and careful consideration will need to be given as to how to deal with development, which has not been properly authorised.
The detailed regulations under the Act are awaited together with the finalised version of central government policy in the form of the National Planning Policy Framework. With the extent of changes introduced by the Act we will pleased to assist those who need guidance in making planning applications under the new regime.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
