Latest planning update from MHCLG – information for SME developers

On 13^th May the Ministry of Housing, Communities and Local Government (MHCLG) published its planning update in response to the ongoing COVID-19 pandemic. Highlighting the importance of keeping the planning system moving to enable it to play its part in the economic recovery to come. The response includes a commitment to easing certain planning conditions in relation to construction hours; easements to small and medium sized developers regarding CIL; and a focus on digital means to minimise disruptions and support the local and neighbourhood plan process. Listed below are those aspects which we felt were of interest to our developer and commercial clients. This adds to the information we provided in our article of the 4^th May Planning applications, appeals and the COVID-19 pandemic.

Changes to public consultation and pre-decision matters for planning applications

On the 14^th May supplementary publicity arrangements for applications for planning, listed building consent and EIA development were introduced. These temporary regulations (that expire on 31 December 2020) give local planning authorities (LPAs) greater flexibility in the way they publicise planning applications considering coronavirus restrictions on movement and social distancing. These will allow planning authorities and developers to publicise planning applications on alternative platforms such as social media but must be proportionate to the scale and impact of the development.

For those without access to the internet, other methods of publicising include local community newsletters, local radio stations, adverts outside council offices and the use of community noticeboards.

The minimum time period for making comments under the temporary publicity requirements, in the case of applications for planning permission mot involving EIA development, has been increased from 14 to 21 days (or longer where the period includes public or bank holidays).

Guidance on these temporary changes can be read in full here.

Changes to construction hours – how to make sure you comply with planning requirements

Builders can seek more flexible working hours with their LPA, through a suggested easing of any extant planning conditions which control working hours on construction sites. It is proposed that sites should be allowed to function until 9pm, Monday to Saturday, unless there are strong reasons not to allow such flexibility.

If a modest or short-term change in construction hours is sought, the guidance suggests contacting the LPA to discuss the proposed changes and to agree the timings informally.  LPAs are expected to be supportive of reasonable requests and are encouraged to use their discretion in not enforcing against a breach of working hours conditions. Where more significant changes are required, applications to alter the conditions should be made and LPAs should ensure that decisions are issued within 10 days where possible.  The application process is expected to be a light touch, user-friendly process and for guidance to be available on the LPA website.

You can read full guidance here.

Changes to CIL to support SME developers

To help small and medium sized developers with potential cashflow problems, the government is providing local councils with more flexibility by allowing them to defer Community Infrastructure Levy payments, temporarily disapply late payment interest and provide a discretion to return interest already charged where they consider it appropriate to do so. These can be applied to developers with an annual turnover of less than £45 million, are only a temporary measure and will be removed when the economic situation has recovered.

These proposed changes require debate in Parliament before they take effect. It will also be up to the charging authority whether to embrace this new flexibility. However, the Government’s clear intention to legislate should give LPAs confidence to use their enforcement powers with discretion and to take a positive approach in their engagement with SME developers where appropriate.

Further guidance can be found here.

Temporary changes to Section 106 in response to coronavirus

In order to help remove barriers for developers and minimise the stalling of sites, LPAs are also encouraged to take a pragmatic and proportionate approach to the enforcement of section 106 planning obligations (e.g. financial contributions) during this period.

Further guidance can be found here.

Local Plans and the COVID-19 response

Despite the clear challenges facing Local Plan preparation during this period, the Government are still focussed on having a full set of up to date Local Plan’s in place across the country by 2023. They are currently exploring ways to address the many challenges the pandemic has placed on Local Plan progression, from exploring how to achieve online inspection of documents to engaging with the Planning Inspectorate on the use of virtual hearings and written submissions. The Government have so far issued additional planning guidance on reviewing and updating Statements of Community Involvement in light of the pandemic.

Neighbourhood Plans and the COVID-19 response

As with Local Plans, this is a work in progress in terms of formalising a response to the current situation. To date the Government have introduced changes to the neighbourhood planning process which include:

• Regulations linked to the Coronavirus Act 2020 that mean no elections or referendums can take place until 6 May 2021. This includes neighbourhood planning referendums. These provisions are being kept under review.
• Updated planning guidance issued on 7 April 2020 that sets out that neighbourhood plans awaiting referendums can be given significant weight in decision-making. The guidance, was further updated on 13 May 2020, providing further advice on the implications for conducting publicity and consultation, and examinations.

You can read the full updates on plan making here.

Planning in post-covid world – our analysis

Flexibility – not a word often associated with the planning system, seems to be very much the hallmark of the MHCLG response to the pandemic and its impact on the sector.

The construction industry was one of the first to be encouraged to return to work (indeed it was never officially stopped) providing a clear signpost that the government see development, and by association planning, as a key element in rebuilding the economy as we slowly emerge from this national and global crisis.

In its initial response, MHCLG set out temporary permitted development rights to allow restaurants and cafes to operate as takeaways – a change of use normally requiring planning permission. They also introduced a new permitted development right through The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020  relating to storage, delivery, and changes of use, to support key workers.

These latest updates from MHCLG have sought to empower LPAs, in responding to the crisis, to keep the planning and development system moving.

At a national level this is very encouraging. At a local level, however, this could prove to be more challenging to deliver following years of underfunding, lack of access to the technology required and sufficient time to train planning officers, admin support teams and Council Members.

Overall, we think these measures are a positive first step. We think there is still mileage in MHCLG proposing extensions to the timeframes for implementing existing planning permissions.  We also feel there will be a long-term impact on appeal times and Local and Neighbourhood Plan preparations, despite the best efforts of LPAs and PINS. However, we are encouraged by the obvious weight the Government has placed on the role of planning in helping to navigate the Country to an economic recovery. Our hope is that this more flexible, pragmatic response to planning will encourage a more holistic approach to future placemaking.

We are, of course, still in the midst of a housing crisis and now more than ever it seems a pertinent time to explore the development potential of sites.  New builds, infill developments, upward extensions, conversions and changes of use. Now is the time for innovative responses and strategic solutions. Although we are currently restricted in many of our day-to-day activities, we can use this time to reflect and to reconsider our options. This can help ensure that our homes and business are ready for life after lockdown and post pandemic beginnings.

Contact our team via enquiries@plainview.co.uk or call us on 01242 501003 to see how we can best assist you, providing the site address and a brief overview of your project. We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.

Content correct at the time of publication. For the most up-to-date advice or to discuss your project, please contact our team directly.