26 October 2023 saw the eventual end of the Levelling Up and Regeneration Bill’s journey through Parliament.  According to the www.gov.uk press release this brought into force “new laws… to speed up the planning system, hold developers to account, cut bureaucracy, and encourage more councils to put in place plans to enable the building of new homes”. It is true that the Act does bring about the potential for several significant changes, however many elements of the Act depend on secondary legislation to fill in details and for implementation.  This article looks at some of the planning changes made by the Act, which will start to come into force from Boxing Day.

An important change to planning introduced by the Act is National Development Management Policies (by inserting provisions into the Planning and Compulsory Purchase Act 2004).  These policies, that must adapt to and mitigate climate change, are statutory policy to be taken together with the development plan when determining planning applications.  (The inclusion of the climate change reference here was the result of the House of Lords changes.) Any development proposals not in accordance with NDMPs and development plan policies must now demonstrate material considerations strongly indicating otherwise.  A shift towards increasingly plan-led development.

A significant change is made to planning enforcement.  Any breach of planning control will be subject to the ten-year rule to become lawful, allowing much more time for a local planning authority to take enforcement action.  At this stage we do not know when this change will come into force or if there will be any transitional arrangements.  If my unlawful extension was due to benefit from the four-year rule any time soon, I would be applying for a certificate of lawfulness at soon as I hit four years!

In brief summary the Act also, among other things: opens up regional planning for two or more authorities outside London; introduces street development orders; creates a new route to a material change to a planning permission; requires developer commencement notices; and increases heritage asset protection.  Two or more authorities (not combined authorities or in London) will be able to work together to create spatial development strategies.  Local residents will be able to create street development orders to allow development in small areas without the need for additional planning permission.  A closer eye is to be kept on development.  Developers will need to serve commencement notices and annual progress reports.  A new s73B is inserted into the Town and Country Planning Act 1990 to allow material variations in planning permissions.  This will allow for more material changes to permissions where the effect will not be substantially different to the existing permission. A new duty to have special regard to the desirability of preserving or enhancing heritage assets applies at the plan making and decision-making stage.

Developer contributions are also covered by the Act.  It paves the way for new regulations for an infrastructure levy, to replace the community infrastructure levy (CIL) and operate alongside the section 106 agreements we are so familiar with.  (The CIL is to continue to apply in Wales and London.)  Whereas the CIL was optional local authorities will have to impose the infrastructure levy.  Full details of how this will operate, like so much of the Act’s provisions, will be fleshed out through regulations.

If you'd like assistance in relation to the issues raised please do contact Janine Shaw at jshaw@ortolan.com