The system is creaking under huge pressure and the resourcing of local planning authorities and the planning inspectorate with skilled staff is a key issue, writes Peter Rainier, Principal Director of planning law firm DMH Stallard

The planning system is undoubtedly underfunded, whilst being subject to increasing complexity and this leads to inevitable delays. There are several issues, but key amongst them is the resourcing of local planning authorities and the planning inspectorate with suitably skilled staff – the system is creaking under huge pressure 

Extensive documentation is required with applications to consider, depending on the site and scale of the proposal: ground conditions, land stability, ecology, drainage, flood risk, highway safety, travel plans, energy/sustainability, arboriculture, biodiversity net gain, visual and landscape impact, noise, air quality, energy, heritage, public engagement… I could go on. These expert reports are required for validation of an application and place a significant burden on the applicant in terms of time and cost.

Constant changes from central government have not helped 

The local planning authority are then tasked with consideration of all that information through consultation with the local highway authority, Environment Agency, water authority etc. It all takes time and can lead to delays beyond the government target of dealing with planning applications within 8 to 13 weeks.

Constant changes from central government have not helped. It is widely accepted that there remains an affordable housing crisis across the country.

Yet the government are seemingly distancing themselves from the previously much vaunted target of building 300,000 homes per year. Such a move will not help the situation.

Some constraints are new, including Natural England's requirement to mitigate nutrient pollution

An increasing number of constraints and designations limit development opportunities. Some have existed for many years, such as National Parks, Areas of Outstanding Natural Beauty, the green belt, conservation areas and listed buildings. 

However some are new, most notably Natural England's requirement to mitigate nutrient pollution to ensure that development is ‘water neutral' in specific parts of the country.

Across a large part of Sussex (most of Crawley, Horsham and parts of Chichester district) no development can proceed without showing that the rate of water abstraction would not increase above current levels – almost impossible for a greenfield site. 

In determining planning applications, the decision maker is required to undertake a “planning balance”: taking into account the varying issues and responses from the applicant, consultees and the public. That judgement often fails to consider the ‘big picture', leading to the refusal of permission on detailed points.

The lack of strategic planning is a significant failure of the current system.

Originally Published by the developer

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