Planning extends lifelines to stalled projects. Newly-installed housing minister John Healey has announced powers for local authorities to extend planning permission periods in a move designed to support development through the economic downturn and to reduce costs for both developers and planners. The option will be available to projects where permission is in effect on 1 October 2009, including pipeline projects gaining permission prior to this date.
In a package of measures unveiled in a speech to the RTPI, Healey also announced measures to accommodate amendments to planning applications without triggering the need for fresh applications, recognising the widespread frustration of developers and their consultants with the current system.
The proposals are set out in a consultation paper, Greater Flexibility for Planning Permissions, with the government aiming to bring about most of the changes by the autumn.
Planning extensions will be granted through a new form of planning permission, which the government will introduce on a temporary basis to avoid the need for legislation, with applications having to be made within the normal three-year lifetime of the permission.
The power to extend will not apply to permissions granted after the scheme comes into force in October, although local authorities will continue to have discretion to grant permission for longer than three years in any case, as demonstrated earlier this month by Westminster City Council (Practice Bulletin 499).
The RTPI has generally welcomed the proposals, but is opposed to any system of blanket extensions offering automatic re-approval to anyone who applies. The institute says decision-making should remain with local planners, who should also be able to use powers proactively to keep important developments on track.

Healey is also looking at the best way of accommodating amendments, with separate proposals being put forward for ‘minor material amendments’ and ‘non-material amendments’.
Changes to the former will be brought about to nullify recent case law, which had the effect of establishing a need for a fresh application for even the most minor changes. The CLG expects the changes to come into effect in two stages: removal of the need for fresh statutory consultation by October, and for disproportionate information submissions by April 2010.
A relaxation relating to non-material amendments in expected to be in place by 1 October 2009. This is expected to be ahead of any associated amendments to fee regulations, which would create a window for applying for non-material amendments without any fee being payable.
Healey used his speech to tell planners that the government intends to simplify the process of preparing Local Development Orders (LDOs). These were introduced in the Planning Act 2004 and allow local authorities to designate areas where development and change of use can go ahead without the need for individual planning applications. Changes will allow LDOs to be set up independently of the local development plan and without approval of the Secretary of State.
As part of the promotion of LDOs, Healey confirmed funding for up to 12 local authority pilot schemes. The Planning Advisory Service is currently considering applications and has already approved one LDO pilot in High Wycombe, designed to revive the high street, and another in East London to enable the roll out of a district heating system.

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