Planning consultation sheds light on detail of planning reforms

The topics covered by the 'technical consultation on implementation of planning changes' (64-page / 976 KB PDF) include planning permission in principle (PiP) and the proposed introduction of competition in the processing of planning applications.

The consultation document reveals a government proposal to "consider the case" for PiP to be available for "major development" as well as being available for minor development as initially planned.

Under the proposals, PiP could be granted by allocation in future local plans, neighbourhood plans and councils' forthcoming registers of brownfield land suitable for housing development, or on successful application directly to the relevant local council.

The government proposes that the only matters covered by PiP will be the location of development, the minimum and maximum level of residential development that will be accepted and the uses that will be permitted. Whilst proposals must be housing-led, local authorities will be able to grant PiP for retail, community and commercial uses "where they form part of a housing-led development".

PiP granted by allocation in a plan or register is proposed to last up to five years and PiP granted on direct application would expire after either three years or one year. PiP would be followed by individual applications for technical details consent, which would cover all other elements of a proposal and could be accompanied by planning conditions.

The government's proposed approach to the introduction of competition in the processing of planning is also outlined in the consultation document. The consultation reveals that, as well as allowing "approved providers" to compete with councils to process planning applications, the government proposes that "local planning authorities … would also be able to apply to process planning applications in other local authorities' areas".

The government is considering allowing providers and councils in competition test areas to set their own fee levels, including a premium fee for a fast-track application service. Options under consideration include setting a cap on councils' fees to prevent them from recovering more than the cost of processing an application and requiring providers to offer "a low-cost processing option".

As announced by the communities secretary earlier this month, the consultation includes plans to allow "well-performing" councils to increase their planning application fees in line with inflation. Approaches considered in the document include applying an increase in national planning fees only to "those authorities that are in the top 75% of performance for both the speed and quality of their decisions", or not applying any increase to those authorities designated as under-performing.

The consultation revealed plans to designate local planning authorities as "under-performing" if they fail to determine at least 60% to 70% of applications for non-major development on time or they have had more than 10% to 20% of decisions relating to non-major development overturned on appeal in a two year period.

The government also confirmed in the document that it intends to prioritise intervention in the local planning process in areas where there is high housing pressure but housing is being under-delivered; where "the least progress in plan-making has been made"; where "plans have not been kept up-to-date"; and where "intervention will have the greatest impact in accelerating local plan production".

The consultation is open until 15 April.