Boles details 'special measures' to allow developer appeals to PINS

The Government proposals will allow developers to direct planning applications to the Planning Inspectorate (PINS) where the local planning authority has a consistent track record of poor performance in determining planning applications.

'Special measures' will be imposed on local planning authorities whose decisions on planning applications consistently take too long or are overturned on appeal, Boles told delegates at the annual Conservative Party conference.

"There will be some provisions to put those local authorities into temporary special measures if one of two things is happening. Either they are taking much too long, consistently, not just on one application or another, but consistently, or they are consistently being overturned on appeal. Because that’s basically saying they are not implementing policy," Boles said according to a Planning Resource report.

Boles said the Government hoped the policy would send out a message to the "very few" poor performing planning departments.  "What we are going to do is put in place something which we hope will be shot across laggards’ bows. You cannot go on taking the mickey and if you do, developers will have the option of going to the Planning Inspectorate direct," he said.

"We believe in local authorities having the power to represent people and take local decisions. We don’t believe in local authorities abdicating that responsibility, failing to have a local plan or failing to make decisions in accordance with the local plan. Local authorities have a responsibility to do the job even when that involves difficult decisions," Boles said according to an Inside Housing report.

The Government first announced its plans to allow PINS to determine planning applications where the local authority has a poor performance track record last month. "It is unfair to all parties for local planning authorities simply to fail to make timely decisions on a planning application - creating uncertainty both for applicants and local residents," said Secretary of State Eric Pickles at the time.

The Government has not yet announced how it will define 'poor performance' in the speed and quality of planning application decisions.

The Department for Communities and Local Government (DCLG) recently published a report (15-page / 325 KB PDF) setting out a league table of local planning authorities' performance in determining planning applications. The report showed that in the 2011-12 financial year, 88% of the 315 authorities who had responded had determined more than 95% of cases within 26 weeks.

For major applications, 4% decided 100% of the applications within 26 weeks and 6% decided 95% or more within the timeline. PINS decided 97% of qualifying appeals within 26 weeks. The 26 week time limit was set out by the Government as part of its Plan For Growth announced in March 2011.