Planning and Infrastructure Bill: Amendment Paper

LGA View: In principle, this amendment is supported. More broadly we consider that there is scope for the payment of hope value to be automatically limited in compulsory purchase more generally. As a result of such an approach we consider that there would be more instances of land being acquired by an agreement with the landowner, before a compulsory purchase order is required. This is because it would restore the credibility of using a compulsory purchase order as a tool to encourage and negotiate with landowners to release their land voluntarily at an early stage.   

LGA View: In principle, this clause may help to both improve build out rates and tackle poor developer behaviour and improve public confidence in the planning system. However, should these mechanisms be introduced, there would need to be clearly defined parameters set out in planning guidance to ensure that local authorities can make evidenced decisions, and not be subject to legal challenge. These mechanisms may also increase the burden on local planning authority officers in the decision-making process.  

LGA View: The LGA supports this clause and agree that consideration of the particular needs of those who require homes for affordable and social housing should be included in local plans and strategies which set policies on housing requirements.  

LGA View: The LGA supports this amendment. As currently drafted, only the strategic planning authority has the right to appear at public examination. Constituent local authorities for the strategy area that are not the strategic planning authority for the SDS should have a right to appear at public examination of the plan, should they wish. 

LGA View: The LGA supports this clause. Viability pressures remain one of the greatest challenges for local authorities trying to bring forward affordable and social homes as well as meeting local planning policy requirements. We welcomed the amendments made by Government in the Planning Practice Guidance for viability in 2019 which stated that the “cost of fully complying with policy requirements should be accounted for in benchmark land value” and that “under no circumstances will the price paid for land be relevant justification for failing to accord with relevant policies in the plan”. However, local authorities continue to report that the planning system is still being undermined by the use of viability arguments from developers to avoid the need to meet local plan policy requirements including the provision of affordable and social housing and providing infrastructure contributions. We would like to see further amendments made to the viability system – for example, removing the requirement to factor in an assumed developer or landowner return or removal of viability assessments as a material planning consideration entirely. Further, we would urge the Government to urgently review the 2019 amendments to the PPG for viability and assess whether they have achieved their intended objectives. 

LGA View: The LGA supports this amendment. Minerals and waste planning are important functions of planning committees, and it is important that councillors receive the training they need to make informed decisions on proposals in their localities and have the tools and understanding to undertake their vital roles in the democratic planning process. 

LGA View: Without knowing the details of what the proposed national scheme of delegation content might look like, it is difficult to comment on the substance of this clause. We have some concerns about the approaches to a national scheme of delegation set out in the Government’s working paper and we do not have a clear consensus on how a national scheme could be achieved. Working with local authorities of different types and geographies will be key. 

LGA View: This amendment may help to speed up the decision-making process if bodies which provide advice in planning applications are allocated costs of doing so. Statutory consultees play an important part in ensuring that planning supports the delivery of development that meets the needs of all in the local area. It is important that statutory consultees have the resources, capacity and expertise to undertake this role effectively and efficiently. 

LGA View: The LGA has concerns about the potential impact of this clause. The recent CMA report highlights a number of issues relating to highways adoption including delays and lack of adoption. The report recognised this is a complex issue which need careful consideration by Government working with developers and local government. The amendment, if successful, poses potential risks: there being new developments which people cannot move into in cases where developers and highways authorities cannot reach agreement; or that it would stifle development as a developer may see the risk of not getting agreement as too high a risk.