In the Queen’s Speech on Wednesday 11 May 2022 the Government set out a series of proposed reforms to
the planning system through the Levelling-Up and Regeneration Bill. These have been ‘informed’ by the
“responses to the Government’s 2020 White Paper ‘Planning for the Future’’.
The main planning proposals of interest to local councils are:
• The process for preparing local plans will be simplified and made quicker.
• More planning policies will be set nationally.
• Rules about notifying parish councils about planning applications affecting their area will be
strengthened (they should be notified of all planning applications not just those submitted to the local
planning authority).
• A locally set, mandatory non-negotiable levy will replace S.106 Agreements and the Community
Infrastructure Levy. The neighbourhood share (15% rising to 25% if the area is covered by a
Neighbourhood Plan) of the new levy will be retained.
• Some aspects of neighbourhood planning will be amended and strengthened.
• A new neighbourhood planning tool will provide a simpler alternative to neighbourhood plans.
• A ‘Street Votes’ system will be introduced that would permit residents to propose development on their
street and hold a vote on whether it should be given planning permission.
• The enforcement system will be strengthened.
• National, local and neighbourhood plans will be given more weight when making decisions on
applications, so that there must be strong reasons to override them.
• Greater protection for heritage assets.
• Local authorities will have the discretion to introduce a council tax premium on second homes.
• More information about the Bill can be found at Levelling up and Regeneration Bill Stages –
Parliamentary Bills – UK Parliament.
https://bills.parliament.uk/bills/3155/stages
European law
The planning system is required to implement European law
on assessing the impacts of plans on the environment and
people. In the UK this process is called Sustainability Appraisal.
European and UK law also requires public participation in the
planning process.
Planning law
The Town and Country Planning Act 1990 provides the main
legal basis of the English planning system, as amended by the
Planning and Compulsory Purchase Act 2004. Further changes were introduced
by the Localism Act 2011, including the introduction of
Neighbourhood Plans.
National Planning Policy Framework
The National Planning Policy Framework (NPPF) sets out the
Government’s economic, environmental and social planning
policies for England.
Conservation areas
The legal definition of a conservation area is an ‘area of special
architectural or historic interest, the character or appearance
of which it is desirable to preserve or enhance’. Conservation
areas are designated at local level by local planning authorities.
They provide protection against demolition and introduce other
controls, such as reduction of permitted development rights
and protection for trees.
Conservation area designations may be accompanied by
Article 4 Directions. Article 4 Directions provide more rigorous
protection, for example on things like replacement of doors,
windows and shopfronts or on painting of masonry walls.
When considering development proposals affecting
conservation areas, there is a special statutory duty on local
planning authorities: ‘special attention shall be paid to the
desirability of preserving or enhancing the character or
appearance of that area’
.
Listed buildings
The legal definition of listed buildings is ‘buildings of
special architectural or historic interest’. The statutory list is
administered at national level. Most listed buildings are Grade
II. A small proportion of buildings of particular importance are
listed Grade II* and an even smaller proportion Grade I.
There is a special statutory duty on local planning authorities:
‘In considering whether to grant planning permission for
development which affects a listed building or its setting…
shall have special regard to the desirability of preserving the
building or its setting or of any features of special architectural
or historic interest which it possesses’
.
Other useful websites:
- Planning Policy Guidance (national planning policy & guidance) https://www.gov.uk/government/collections/planning-practice-guidance
- Heritage Gateway ( national and local heritage assets) https://www.heritagegateway.org.uk/gateway/