The Planning Act 2008 received royal assent on 26 November 2008 exactly a year to the day after the Bill was introduced to the House by Government. The major provisions of the Act are concerned with:

  • National Policy Statements;
  • The Infrastructure Planning Commission; and
  • The Community Infrastructure Levy.

The Community Infrastructure Levy

Of these, however, only the Community Infrastructure Levy (CIL) will be of interest to the majority of developers. It is envisaged that CIL will work alongside section 106 obligations to secure infrastructure funding. However, the introduction of CIL by local authorities is discretionary and, whilst the detailed regulations have not yet been published, it is hard to see how any additional cash can realistically be wrung out of already hard pressed developers in the current economic climate without undermining the viability of schemes. One concession that has already been secured from Government is the removal from the Act of the section linking the levy to increases in land value.

Changes To the Planning Act

Less publicised changes to the application and appeal processes are contained within the Act and these are likely to be of more general interest. There is now the ability for a charge to be made on appeal. No details of the fees structure have yet been provided but the fees are likely to be introduced in April 2009. The Planning Inspectorate now also has the ability to determine which procedure (inquiry, hearing or written representations) will be used to determine an appeal. It will be interesting to see how this new power will be exercised bearing in mind that there is no provision for costs applications to be made in cases where the written application procedure is used.

Non-Material Amendments

The Government has also acted to formalise the procedure for seeking non-material amendments to planning permissions, thereby putting an end to the uncertainty created by the Henry Boot and Sage cases. Again, regulations are required to determine the procedure to be used but it is to be hoped that the publicity required to be given on receipt of applications will be proportionate to the minor nature of the amendments sought so as to keep cost and delay to a minimum.

Bringing Greater Efficiency To The Planning Application System

Whilst the Act is substantially in force already, there are a lot of details still to be clarified. This will be done by way of a succession of regulations to be published over the coming year. There is, however, recognition that the Act does not go far enough in its reforms. The Killian Pretty Review published on 24 November 2008 makes a further 17 recommendations to bring greater efficiency to the planning application system. These include helpful recommendations that permitted development rights be introduced for commercial properties and that the amount of supporting information required for a planning application be reduced. It is likely that these recommendations will be adopted. So watch this space!

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