Planning Update: Can I have the Bill, please? What the King’s speech means for UK planning
19th July, 2024
Amongst a raft of new bills, measures and strategies announced in King Charles' III address at the opening of Parliament earlier this week was a major shake-up of the UK planning system.
The new Labour government announced several new bills to “get Britain building, including through planning reform, as they seek to accelerate the delivery of high quality infrastructure and housing.”
Here we have summarised some of the key points relating to planning found in the government-issued briefing note.
Planning and Infrastructure Bill
Whilst recent legislation (for example, the Levelling Up & Regeneration Act 2023 and the Environment Act 2021) has sought to introduce fundamental changes to the planning system, the new Planning and Infrastructure Bill (“PIB”) promises to “make improvements to the planning system at a local level, modernising planning committees and increasing local planning authorities’ capacity to deliver an improved service.” (page 17) Such measures will include:
- simplifying the consenting process for major infrastructure projects;
- reforming compulsory purchase compensation rules further;
- modernising planning committees & increasing LPA’s capacity; and
- using development to fund nature recovery where currently both are stalled.
The increase in LPA capacity has the potential to provide a more stable, predictable service to developers and investors. Many developers have fallen victim to the unpredictable timescales often encountered when dealing with LPAs, which presents several challenges when managing the commercial risk of development projects. Therefore, a more predictable service will be warmly welcomed by developers.
Although the “modernisation” of planning committees appears to be an interesting idea, the briefing note provides little detail on how the modernisation of planning committees will be achieved.
No doubt greater clarity on these two points will come once a draft of PIB is published.
New powers for Metro Mayors
Also announced in the King’s speech was a new English Devolution Bill (“EDB”) which is intended to “enable our towns and cities to thrive by strengthening mayoral powers, giving local leaders the tools to kickstart their economies, as well as empowering communities to transform their neighbourhoods, high streets and important community assets.” (page 23)
A number of existing “metro mayors” in England already have some degree of strategic planning powers through Mayoral Development Corporations (“MDCs”) that have the objective of regenerating and stimulating growth in local areas, with the Mayor of London having a unique set of planning powers applicable within the UK’s capital city.
The EDB proposes to give all local leaders enhanced powers over strategic planning and local transport as well as new powers and duties to produce Local Growth Plans. Local leaders will also be able to request additional powers required to stimulate growth in their areas from Whitehall and the EDB will clearly set out the framework for this. In addition. the EDB will simplify the process for creating Combined and Combined County Authorities within the existing local government framework, as well as empowering local communities with a strong new “right to buy” for valued community assets, such as empty shops, pubs and community spaces.
As with the PIB, greater clarity on these new powers for local leaders will become apparent when a first draft of the EDB is published. However, timelines for publication of these bills have not yet been announced, so it is important for planners and developers to watch this space!
If you have any questions about the potential changes to the planning system or require any other planning advice, please contact Matthew Hills or any one of our specialist planning lawyers.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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