The government is concerned that our current town planning system may be holding back growth and acting as a disincentive to investment just at a time of greatest need.
by Dennis Hope and Jill Goodman
11 February 2010
The government is concerned that our current town planning system may be holding back growth and acting as a disincentive to investment just at a time of greatest need.
Dealing with the town planning system might seem like an encounter with the dark arts. Increasingly, town planning has become more burdensome on businesses in terms of cost and delay. Submitting even simple planning applications has necessitated a whole host of technical documents. Application fees are now a significant cost.
Despite this, the government has been taking note of what businesses are saying. Following extensive consultation with the business community in 2009 the government has acknowledged that town planning places a disproportionate burden on businesses.
There is also a realisation that the existing town planning system in the current economic downturn may be holding back growth and acting as a disincentive to investment.
In response, a number of measures have been introduced, or are proposed, which should make life easier for businesses. Furthermore, recently published government guidance to local authorities places an increased emphasis on the benefits to the economy when determining planning applications.
Greater flexibility
On 1 October 2009, changes were introduced which will provide businesses with greater flexibility in relation to changing existing planning permissions. Previously, there was no legal procedure to enable businesses to seek approval for amendments to existing planning permissions. In some instances local planning authorities would insist that a new planning application was submitted for the whole development for only a very minor change.
This change in legislation, with new expedited procedures, will make it easier for businesses to gain approval for minor or non-material amendments to development schemes with planning permissions without re-applying for the whole development.
Similarly, there was no previous legal procedure to apply for an extension of time to implement a planning permission. The majority of planning permissions must be implemented within three years; if not implemented the permission lapses.
As a consequence of the recession many schemes are no longer viable and/or funding is no longer available.
A new procedure has been introduced to extend the life of existing planning permissions, allowing an application to be made for an extension to implement existing permissions approved on or before 1 October 2009.
This will provide businesses with more flexibility to implement a planning permission without the need to submit a fresh application. Local planning authorities are also now encouraged to attach time limits of more than three years to planning permissions granted after 1 October 2009.
Recognising that the requirement for planning permission for a minor commercial development can place an disproportionate burden on businesses, the government has consulted on proposals to extend permitted development rights to some small-scale non-domestic developments (ie, remove the need for some development to require planning permission). Should all the proposals be taken forward, from spring 2010 planning permission will no longer be needed for:
Small alterations and extensions (within certain parameters and subject to some
limitations) to existing office buildings, institutions (universities, colleges, hospitals), schools, industrial and warehousing and research and development buildings;
The installation of some air conditioning units attached to buildings in town centres (including institutions, offices and industrial buildings), subject to some limitations; and
The laying out of up to 50 sq m of permeable hard-surfacing at shops, offices and institutions.
Looking ahead
Despite this, climate change sustainability continues to be at the forefront of planning law and policy, and will have an impact on businesses. The government wants all new non-domestic buildings in England to be zero carbon from 2019 (schools from 2016 and public sector buildings from 2018). Consultation runs until 26 February 2010. These proposals are likely to have significant implications for the cost and viability of any new developments in UK businesses.
However, to encourage the use of renewable and low-carbon technologies the government is proposing to lift the requirement for planning permission for a variety of small-scale renewable and low-carbon technologies for buildings.
There is also a renewed emphasis on sustainable modes of transport and reducing car travel. Increasingly, local planning authorities are restricting the amount of car parking permissible in new developments and business/organisational wide travel planning is becoming more common.
Many of these measures may continue to act as a burden on UK businesses.
Dennis Pope and Jill Goodman are senior associate director and senior planner at town planning consultants Nathaniel Lichfield and Partners.