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

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Hilary Wrenn 0115 908 4129 Planner