Act or fiction
John Holmes
Finally, after an arduous and sometimes acrimonious nearly 12 months passage through Parliament, the Localism Act finally received Royal Assent on 15 November.
It may be true to say that, during the final days of debate, attention was elsewhere in the sphere of planning, with the furore over the National Planning Policy Framework consultation draft, a debate which has still to be settled and one which managed to align the Daily Telegraph, the Daily Mail, the National Trust, the Morning Star and my developer brother-in-law all on the same side in condemnation of the proposals.
If, as the Government claims, the Localism Act is the greatest change to the planning system since 1947 (in England at least - Wales is to get its own changes), those involved in development still have the further challenges of the NPPF, the proposed reform of the appeals system announced in the Autumn Statement, the introduction of the Community Infrastructure Levy and - tucked away in the Coalition Agreement - proposed third party rights of appeal, to look forward to in the coming year. It is little wonder then that a senior MP asked the question, "aren't these changes a lawyers' charter?"
You may not have noticed any overnight differences in the planning regime since 15 November. Developers still complain about the delay it takes to obtain permission, objectors still complain about the bias in the system in favour of development and planning officers, well, just complain. No surprise really since the exact implications of the Act will not become clear for some time, as regulations and guidance to flesh out the changes will be issued over the coming months. Promised in time for April, when the Act fully kicks in, will be the new NPPF plus the transitional arrangements promised by Government with regard to the development plan process where councils do not have up-to-date Development Plans (60%-plus at the last reckoning). We also await the final definition of 'sustainable development', which is a key thread running throughout the planning changes.
It also remains to be seen how many neighbourhood forums are set up, and how many of them choose to make local development plans and/or local development orders, which would potentially alter the local development plan policy framework. Changes to the plan system are being constantly announced.
Time then to reflect on what has been an interesting year in the world of planning, and to contemplate what looks likely to be a challenging and busy next 12 months.
To all readers, have a merry Christmas and a happy planning New Year.
John Holmes is Head of Planning at leading law firm Hill Dickinson. A nationally rated planning specialist and a member of the RTPI environment panel and the Law Society Planning Panel, John has over 20 years' experience, having worked for the public sector before entering private practice in 1995. His specialisms include planning law, environmental law, compulsory purchase and highways matters. His work involves advising on applications, agreements, appeals and advocacy at Public Inquiries, Local Planning Inquiries, Compulsory Purchase inquiries and advising on environmental issues. He writes and lectures regularly on planning and related matters.
