2007 Planning White Paper

14-Mar-07

Drawing together inputs from the Barker review of land use planning and the Eddington review of transport, the government issued a Planning White Paper for England and a sequence of 'daughter' consultation documents.

The White Paper broadly set out Government actions in response to the Barker and Eddington Reviews. It has four key pillars:

A new system to decide major infrastructure projects with new approaches to community engagement and independent expert decision makers and new inquiry procedures.
Simplifying the local planning system for householders to make it far easier to make home improvements like extensions and conservatories, where there is little or no impact on neighbours.
Planning playing a bigger role in tackling climate change.
Ensuring the planning system continues to support vibrant town centres.

Changes to the development plan and appeals system were also proposed.

Together with the changes already implemented under to 2004 legislation, the proposed changes amount to the most substantial set of reform proposals for English spatial planning since 1947. They were the subject of a significant consultation process that concluded on 17 August 2007. They remain of critical interest to the planning and built environment professions and communities more broadly.

Click here to view the Planning White Paper
Click here to view the Planning White Paper Consultation Document
Click here to view the Householder Permitted Development Consultation Document
Click here to view the Appeals Consultation Document
Click here to view the Planning Fees Consultation Document
Click here to view the Planning Performance Agreements Consultation Document

(Note that these links are to documents produced by HM Government and Communities and Local Government).

The RTPI responses

The RTPI has developed responses to these critically important documents. The responses can be accessed below:

RTPI Cymru has also formulated a response to the Welsh Assembly Government in respect of the implications of the white paper for Cymru / Wales:

RTPI Cymru Response

Summary Responses

Summary responses are provided below. However, readers are encouraged to refer to the consultation response documents themselves, which provide the full range, breadth and detail of the work that the RTPI has undertaken to ensure that these planning reforms are soundly based and benefit the community as a whole.

Major Infrastructure

The white paper proposals are seen as broadly supportable by the RTPI, subject to reservations set out in our responses. However, great care will be required to ensure that the new infrastructure policy statements and the operation of the proposed Independent Planning Commission are sufficiently transparent, publicly accountable and enjoy public confidence. If implemented poorly, there is scope for much needed reform to play out poorly with the public, to the detriment of public confidence in planning decision making as a whole.

Householder Consents

These proposals broadly implement an ‘impact-based’ approach to permitted development, initially proposed by RTPI Secretary General Robert Upton in preliminary conversations with CLG. Practitioner comment from the National Association for Planning Enforcement suggests the need for considerable clarification of the operating detail of proposed permitted development, a comment that is endorsed by the RTPI as a whole. However, the RTPI supports the underlying principles of reform, subject to the preparation of a of a communications strategy to ensure that the new system and reasons for it are properly understood and as far as possible supported by the public at large. It will also be important to carry out of further road testing to ensure the changes can be delivered in a manner that is practical and efficient and does not create undue burdens for local planning authorities’ development management and enforcement staff.

The RTPI does wish to highlight the importance of maintaining and enhancing public perceptions that the dividing line between what does and what does not need permission is fair, balanced and appropriate. There would be little long term benefit in reforming the system in ways broadly agreed by the profession to be beneficial, if in doing so, government does not carry the consent of the public with it and so brings planning more broadly into disfavour.

Climate Change

The white paper proposals are seen as broadly supportable by the RTPI, provided the capacity for policy innovation by local planning authorities (as exemplified by the 'Merton Rule') is retained.

Town Centres

The detail of the proposed new town centre test has still to be established. The primary issue here is that if the test accomplishes the tasks set for it by government, then it should be supportable in policy terms. However, a question has to be raised about the degree to which it differs from current policy. Town centre policy bears on the land holding strategies of many developers and retailers and on detailed policies in all development plans. To the extent that any policy change drives through to change land-holdings and plan content, it is going to take many years to implement.

There is an argument that the current policy position is broadly sustainable, is well understood and has been responded to by stakeholders, suggesting that the benefits of change may not be sufficient to offset the potential uncertainty generated by change.

Development Plan

The detail of proposed replacements for PPS 11 and 12 will emerge and be the subject of consultation in due course. The current direction of travel appears sound and responds well to concerns expressed by local planning authorities after the Stafford and Lichfield examinations at the absence of a response procedure when public engagement raises moderate scale issues of unsoundness suggesting changes to the plan document before submission.

However, in broader terms, there is a need to recognise that the development plan system in England is undergoing significant change. Further reform must proceed at a measured pace, that allows the learning and reflections on current practice development to be taken into account properly.

Appeals

The mechanism whereby the inspectorate would determine the appeal route appears sound and supportable, subject to provision of a capacity for any party to apply for their costs under any appeal procedure.

The proposal for Councillor hearing panels is opposed by the RTPI.

If not well regulated by strong protocols, such an appeal mechanism would have the potential to raise conflicts between officers and members within local planning authorities.
Applicants interests raise the concern that grounds of appeal often pin back to circumstances where the applicant perceives that political considerations have been allowed to over-ride planning policy. In such circumstances, an appeal to a local authority members’ panel is unlikely to resolve the concerns of the appellant.
Appeals to members panels will distract local planning authorities from focusing on the development and review of strong planning policy and decision-making frameworks whish are vital for fair, accountable and transparent decision-making. This is the key mechanism for democratic and community control. The planning inspectorate remains the most appropriate and independent mechanism for cross-checking that such control is properly exercised.

Learning and Skills

The continued reform of the planning system and the development of a new major infrastructure system emphasises an even greater need than ever for investment in the formation and continuing development of the learning and skills necessary to deliver high quality outcomes.

Nations other then England

The white paper has a largely English role and focus. However, to the extent that it makes proposals for major infrastructure, these have UK wide implications and require careful consideration to ensure sound relationships between the new system and existing national spatial and policy frameworks. This issue is particularly significant in Wales, which does not as yet have the full suite of devolved powers over infrastructure approvals enjoyed by Scotland and Northern Ireland. The RTPI encourages the government to work with devolved nations governments to ensure a sound application of devolution principles to its new proposals.