Out-Law News 1 min. read

Government confirms intention to change thresholds for consulting Natural England and Highways Agency


The UK government has confirmed that it is to change the thresholds at which statutory consultees, such as Natural England and the Highways Agency (HA), are required to be consulted on planning applications.

The government sought views on its proposals to alter the thresholds as part of its 'technical consultation on planning' in the late summer of 2014.

In a response to the consultation (15-page / 168 KB PDF), published last week, the government confirmed that it will remove an existing requirement for government environmental adviser Natural England to be consulted for "development within an area that has been notified to the local planning authority by Natural England and which is within two kilometres of a site of special scientific interest".

The government said the change had received strong support from participants in its consultation and would "provide a more flexible approach for local planning authorities to decide what to consult on".

Strong support was also received for the proposed alteration of the threshold for consulting the HA, the response said. It said the government would press ahead with plans to exclude "minor development" from requirements to consult the HA. For developments other than "minor developments", consultation would be required only if development was "likely to result in an adverse impact on the safety of, or queuing on a trunk road," the response said.

The government confirmed that it intended to simplify and streamline the notification and consultation requirements for English Heritage and to remove the English Heritage's power of direction in London.

It also committed to "explore further with key stakeholders" how statutory consultees could be encouraged to "make more use of the existing flexibility not to be consulted at application stage".

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