Government sets thresholds for 'poorly performing' planning authorities

The Department for Communities and Local Government (DCLG) has launched a consultation (24-page / 143KB PDF) on its proposals on how to measure planning authorities' performance. Under proposals in the Growth and Infrastructure Bill applications can be made directly to the Planning Inspectorate where a planning authority has been designated as poorly performing.

The consultation paper proposes that the performance of planning authorities will be assessed against the speed and quality of their planning decisions, with the speed being measured against the statutory time limits and the quality against the appeal success rate.

The speed assessment will be based on the extent to which major planning applications are determined within 13 weeks. A planning authority would be designated 'poorly performing' if 30% or fewer applications meet this timeline. It is proposed that this should be assessed once a year and the result should be averaged over a two year period.

The paper also proposes that post-application agreements to extend the timescale for determination should in future be recorded as a form of planning performance agreement, provided there is explicit agreement to the extension of time from the applicant in writing, and the agreement specifies a clear timescale for reaching a decision.

The Government also proposes that if a planning application remains undetermined after 26 weeks, the planning application fee will be refundable.

To assess the quality of the decisions, the proposed measure is the proportion of all major decisions made that are overturned at appeal, over a two year period. If more than 20% of decisions are overturned, the planning authority will be designated 'poorly performing'.

The paper proposes that the designation process would follow automatically, following the publication of the relevant statistics on processing speeds and appeal outcomes for the year, were an authority to appear below the thresholds that have been set. For the first year, before any initial designations are made, authorities will be given an opportunity to correct any gaps or errors in the existing data.

It is proposed that any designation would last for at least a year, but would be subject to review "well before that year ends", so that the authority has "every opportunity for the designation to be lifted at the end of the one year period".

The Government said it intends to set out the criteria for assessing performance, and the thresholds for designating any authorities under this measure, in a policy statement that will be published once the Growth and Infrastructure Bill gains Royal Assent.

The consultation will close on 17 January. The Growth and Infrastructure Bill is currently going through Parliament. It had its second reading on 5 November.