planning and environmental law update
The Planning Act 2008, renewal of planning consents and policy reviews
What you need to know...
We have highlighted provisions within the Planning Act 2008
which have come into force during 2009 impacting on the planning
system and also listed new Planning Policy Statements which will be
relevant to considering development proposals. Also covered is the
guidance on applications for non-material amendments and
applications for extending the life of existing planning
permissions, which will be of interest to both Local Planning
Authorities (LPAs) and applicants.
Changes to the Planning Act 2008
Various provisions of the Planning Act 2008 came into
force last year, notably:
From 6 April 2009
- Provides for the Secretary of State to set out a national
policy statement on a particular description of development,
setting out matters including appropriate scale, potentially
suitable locations, appropriate statutory undertakers for
infrastructure projects. The proposed national policy statement has
to be consulted upon and laid before parliament
- An amendment to the Town and Country Planning Act 1990 to
include within the definition of ‘blighted land’ that land required
for development consent, subject of an order granting development
consent or identified as suitable in national policy statement
- Provides for Regional Planning Bodies to delegate any functions
to the regional development agency
- Requires Regional Spatial Strategy and local development plan
documents to include policies on climate change
From 1 October 2009
Introduces the Infrastructure Planning Commission for
determining nationally significant infrastructure projects
(relating to energy, transport, water and waste) and the Act:
- Defines the thresholds of what is nationally significant for
each sector
- Provides further definition of development
- Requires the applicant to consult pre-application including
those with interest in land, local authorities and the local
community and notify the Commission – local authorities to input on
required consultations
- The granting of development consent will be in place of
planning permission and consents required under various other
regimes
The Act also provides for LPAs to make non-material amendments
to planning permissions (new guidance and application forms now on
the Planning Portal)
Application for non-material amendment to planning
permission
This was provided for within the 2008 Planning Act and came into
effect on 1 October 2009 - application forms and guidance notes
have recently been posted on the Planning Portal. Only a person who
has an interest in the land can apply, but this does include
someone with a contract to purchase or option to acquire a legal
interest. The process applies to full, outline, householder,
conservation area and listed building consents. There is no
statutory definition of non-material, but the planning authority
must be satisfied that the amendment being sought is non-material,
so pre-application advice should be sought. Any consent for a
non-material amendment should be read in conjunction with the
original decision notice as the approved amendment does not replace
the original consent. There is currently no fee, but it is expected
that one will be introduced in the near future - £25 for
householder developments and £170 for others, with an amendment to
the fees regulations.
Application for extending time limit of existing planning
permission
A simplified application procedure for extending the time limit
of existing planning permissions was also introduced on
1 October 2009. To be eligible to apply:
- The planning permission must be in existence on 1 October 2009,
for outline consents this means that the time limit for submission
of reserved matters has not yet expired or reserved matters have
been submitted and the time limit for commencement has not yet
expired
- The development must not have commenced
The fee for such an application is currently the same as if it
were a new application. However, it is anticipated to be set at
£500 for major development, £50 for householder development and
£170 for others to be confirmed in an amendment to the fees
regulations.
New Planning Policy Statements due for imminent publication
following consultations last year
- PPS4 – Planning for prosperous communities
- PPS15 – Planning for the Historic Environment
- PPS25 – Development and Flood Risk
Current Consultation drafts
- National Policy Statements for Energy Infrastructure and
Ports
- Guidance for local authorities on incentivising landowners to
bring forward additional land for rural affordable housing on rural
exception sites
talk to us
save to PDF
The content of this update is provided for the purposes of general
interest and information. It contains only brief summaries of
aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.