The government’s Planning and Infrastructure Bill entered Parliament yesterday, March 11, and has already provoked strong responses from the construction industry.
So far, these responses have been largely positive, with praise for the government’s efforts to streamline the UK’s overstretched and over-regulated planning system.
Stuart Evans, partner and head of planning at Anthony Collins, said there is “no doubt” that the reforms will speed up the delivery of infrastructure and housing projects.
“After months of anticipation, there is much to welcome in the Planning & Infrastructure Bill, which I see as a positive step towards eliminating many of the long-standing barriers to building in this country,” Tim Seddon, CEO of Retirement Villages Group, added.
Some areas, particularly the National Scheme of Delegation, have caused mixed reviews, whilst support for new towns and spatial planning has been widespread.
So far, the most significant area of pushback has been from those who believe the government has not taken reforms far enough.
“If all goes according to plan, the planning bill will deliver a speedier and tidier version of the system we have. But what will stop that system from cluttering up again over time?” the Institute of Economics Affairs (IEA) said.
“The premise of this Bill is most welcome,” Chair of the Radix Big Tent Housing Commission, Alex Notay, said. “However, the scale of the challenge is such that this can only be a first step, if the government is serious about delivering 1,000 homes a day.“
Support for new towns and spatial planning
The bill will increase focus on a system of ‘strategic planning’ across England, known as spatial development strategies.
Currently, mayors – outside of London – can only develop a statutory spatial development strategy with the unanimous agreement of all councils covered by the strategy, making planning a struggle. Labour’s plan, however, will give more powers to mayors.
“The introduction of spatial development strategies has the potential to really herald a shift in unlocking development,” Hannah Quarterman, partner and head of planning at global law firm Hogan Lovells, said.
“A key barrier to proper planning in recent times has been the failure by certain local authorities to engage with both need beyond their own boundaries, and the potential for better approaches to development when working with adjoining authorities.”
Paul Rickard, Managing Director, Pocket Living, called strategic planning a “potential game changer” but noted there must be “explicit provision for local and SME developers and supply chain”.
“These two measures will not only help to deliver new housing at scale but will ensure that they are built in the most appropriate locations supported by associated infrastructure,” he said.
The Bill will also step up the role of Development Corporations in building new towns. Up to 12 new towns will be under construction by the next election, Labour has said.
John McLarty, managing partner at Ceres Property, said the delivery of new towns would be a useful part of a package of measures to address housing needs, and would help to deliver high growth levels.
Concern over the national scheme of delegation
The bill will set up a national scheme of delegation, which will aim to streamline currently lengthy planning decisions.
While commentators broadly said the reforms would help to speed up the planning process, some voiced concern.
“Whilst a welcome change for developers… we still have reservations [about the scheme],” Stuart Evans, partner and head of planning at Anthony Collins, said.
“The National Scheme of Delegation will reduce opportunities for public consultation and engagement in the planning process, risking the sidelining of local concerns in favour of national priorities.
“This potentially will make it harder for local communities to challenge major development projects,” Collins said.
Claire Fallows, Head of Planning at Charles Russell Speechlys, added that the changes “may not be a remedy” for projects stuck in development “if it is ultimately only the smaller applications which must be determined by officers”.
“The draft Planning & Infrastructure Bill only sets a legislative framework and, therefore, the detail will need to be resolved later,” Fallows added.
‘The government should have been bolder’
Right-wing think tank IEA said that while the reforms contain steps in the right direction, the emphasis on streamlining the system over reforming it risks long-term issues.
“The government should have been bolder. They should have aimed for something more akin to the successful prewar planning system, which delivered the great building boom of the 1930s,” the IEA said.
The Radix Big Tent Housing Commission, too, concluded that “much more action will be needed to streamline existing funding pots, encourage institutional investment and diversify the market by expanding the role of SMEs and self-commissioned housing.”
Others, however, said the nature of the government’s housing goal i.e. short-term, means that overhauling the rulebook now would be a bad idea.
“Major reforms take time – often years – to settle in as the industry adapts. We need targeted, sensible changes to deliver more certainty and speed-up the system, and a period of stability to allow the industry to deliver,” Trevor Ivory, planning partner at DLA Piper, said.
“The government has already shown it can act swiftly and positively, with changes to national policy made and a much more pro-growth approach to decision-making on new housing, data centres and infrastructure,” Ivory added.
“More of this project-focused support, rather than sweeping legislation, is what we need.”