RTPI briefing ahead of House of Lords Second Reading on 25 June
The Royal Town Planning Institute champions the art and science of planning, working for the long-term common good and wellbeing of current and future generations and representing over 27,000 members across both public and private sectors.
The Bill presents an opportunity to deliver positive change for the public, therefore the RTPI urges Peers to seize the opportunity to support and enhance this legislation by raising our key points in the Second Reading debate and supporting our proposed new clauses. These include:
- The inclusion of a purpose of planning in the Bill
- Statutory Chief Planning Officers
- Mandatory online availability of planning committees
- Provisions for a National Spatial Framework
The RTPI have launched our Planning Reform 2025 Hub. This Hub is the home of all the RTPI’s planning reform related policy briefings, commentary, blogs and consultation responses.
The Hub will continue to be updated over the course of the year as planning reform policy and legislative developments progress.
The RTPI has reviewed the legislation as a whole and wishes to highlight the below key areas for the consideration of Peers and their staff.
Strengthening local decision-making
Regardless of democratic mechanisms, we think it is critical that Government frames the planning system correctly, recognising its purpose is to manage the use and development of land in the long-term public interest.
New clause – Purpose of Planning
In order to drive collaborative behaviour and a shared vision across stakeholders, a clear definition of what the “purpose of planning” is and what we aim to achieve is needed. The RTPI advocates that a Purpose of Planning in England be to manage the use and development of land in the long-term public interest. The Bill has the potential to shape a generation’s perception and interest in the planning system and civic participation more broadly.
Read more here: RTPI | New clause briefing: Purpose of Planning
The RTPI is pleased the Bill has taken forward proposals for Planning Committee members to undertake mandatory training, which the RTPI is strongly in favour of.
We have been advocating for a test to be included at the end of the training and are pleased to see an online test option presented within the latest Reform of Planning Committee Technical Consultation. Furthermore, triggered by any significant national planning reforms, additional training should be provided to update members on new legislative and policy positions.
Our membership is broadly supportive of a national scheme of delegation in England. We note that proposals from Government places Chief Planning Officers as integral to decision-making on delegation alongside Planning Committee conveners. In order to support the effective delivery of this new national scheme of delegation, the RTPI believes the establishment of a statutory Chief Planning Officer in every Local Planning Authority would directly place competency and accountability at the heart of decision making.
New clause – Statutory Chief Planning Officers
Chief Planning Officers are a critical part of the democratic process, being best placed to provide impartial professional advice to elected members and build a critical relationship necessary for smooth local decision making and democracy. Planning departments need to have a Chief Planning Officer overseeing and connecting through management structures, both development management and development planning functions. Upcoming English Devolution and local government reform will likely create larger teams covering larger geographies and co-operating with newly emerging strategic authorities, therefore the existing need to see strong leadership in the planning system will be magnified.
Read more here: RTPI | New clause briefing: Chief Planning Officers
Under the new scheme of delegation, if more significant planning applications are going to committee, then we need to see tangible and meaningful steps to better engage the public on those applications which will have a large impact on their area.
New clause – Online availability of Planning committees
Currently, 15% of local councils do not webcast or record Planning Committee meetings, and it calls into question why a minority of local councils do not offer the same provisions for engagement to their communities and constituents. The provision of an online format option would support better engagement by increasing accessibility and ensuring that members of the public across the country have equal access in the ways in which they can engage with and understand the decisions of their local Planning Committee.
Read more here: RTPI | New clause briefing: Online availability of planning committees
Resourcing to deliver growth
The Bill will enable local planning authorities in England to set their own planning fees. It will further introduce a power that the income from planning fees or charges is applied towards the delivery of planning functions. This will ensure improved service delivery and provide greater transparency for applicants about where their money is being spent.
We welcome this as a positive step towards protecting planning fee income so that resources can be re-invested into planning services.
During the House of Commons Committee stage, the Government also introduced Clause 49 which allows for a surcharge to be added to planning application fees to cover the costs of statutory consultees engaging in the planning process. At the RTPI, we have been raising the issue of funding and resourcing for statutory consultees and see this as a positive step in recognising that attention needs to be paid to their capacity. The Government will soon be consulting on reforms to the statutory consultee system, so we recognise that the context in which this clause is implemented is likely to be different to the current system.
We continue to have concerns about the chronic under-resourcing of our planning system, particularly with recent announcements around changes in access to Levy funding for Level 7 apprentices, which could jeopardise our workforce pipeline by potentially 200 planners a year. It is essential that a long-term resourcing and capacity strategy be published alongside the Bill when it reaches Royal Assent for the system to deliver the legislative changes effectively.
Providing strategic vision
The reintroduction of strategic planning has been a priority for the RTPI and our members over the past decade, and the Government has demonstrated through the Bill a commitment to its reestablishment
The Bill’s commitment to strategic planning is positive and reflects RTPI commissioned research that has shown that over 80% of planners in both the public and private sectors are in favour of strategic planning being mandated by the Government.
The strategic planning ambitions within the Bill would be further enhanced by the development of a National Spatial Framework coordinating between local, regional and national planning.
Key ask - National Spatial Framework
The 10-Year Infrastructure Strategy recognises the need to produce national spatial priorities, encourage joint working and ensure Strategic Development Strategies (SDSs) work in harmony at a regional and national level. A statutory provision of a National Spatial Framework is the best way to ensure that this happens. Once established, it can be used to identify and prioritise investment need and opportunity, coordinating and directing funding to achieve maximum value and address regional inequalities across the country. If implemented, a National Spatial Framework would provide a generational opportunity to enable and empower devolution in the long-term.
Read more here: RTPI | New clause briefing: National Spatial Framework
Restore nature and our landscapes
The RTPI supports a strategic approach to nature recovery. The environmental protection landscape could benefit from the consolidation of different plans and strategies, incorporating a holistic approach to nature.
The Bill has set out broad provisions for the establishment of the Nature Restoration Fund and preparation for Delivery Plans. Details on implementation are expected to be set out in secondary legislation and policy. To achieve the strategic vision of nature recovery, there needs to be coordination between Delivery Plans and spatial plans, such as existing and emerging Spatial Development Strategies.
Provisions on how the outcomes will be monitored and how often the delivery plans will be updated will be crucial as well. The upcoming Spending Review will provide Government with the opportunity to ensure that Natural England has adequate resource to enable it to discharge its new duties effectively.
Unlocking the nation’s potential through infrastructure
The RTPI understands that proposals relating to energy infrastructure need to be closely aligned with the respective devolved functions in Great Britain including the planning systems.
The RTPI has campaigned for the creation of mandatory five-yearly reviews and then if necessary updates of National Policy Statements in England and Wales, which features within the Bill.
We also support the provision for enabling projects to be redirected to an alternative consenting route and the Bill’s approach to pre-application consultation.
The RTPI broadly views the Bill’s propositions for consents for electricity infrastructure in Scotland as positive, but we highlight that processes can only be delivered and achieve their intended outcomes if backed up by a robust resourcing strategy, particularly focused on statutory consultees.
Providing the homes and places of the future
Development Corporations, which place town planners at the heart of the development process, can, under the right conditions, deliver significantly more housing than the status quo.
When effectively implemented, Development Corporations can demonstrate that a fully integrated town planning process is compatible with delivery at scale and that investment in town planning through these vehicles is good value for money.
The Government’s ambitions of reimagining the future of Development Corporations and how they can be improved is a positive step, particularly with the upcoming delivery of New Towns. However, it is important that clarity is secured as to how Development Corporations will support the delivery of New Towns and urban extensions through the planning process for example through Local Development Orders (LDOs), Strategic Development Orders (SDOs) or housing-enabled Development Consent Orders (DCOs),
The RTPI welcomes the series of proposals set out in the Bill aimed at modernisation of the compulsory acquisition process. However, we strongly encourage Government to take a broad and ambitious view on modernising the Compulsory Purchase Order process and believe there to be further opportunities needing exploration. Local authorities must be sufficiently resourced and have an adequate supply of Compulsory Purchase Order expertise to more proactively engage CPO powers.
Community benefits for the public good
A key principle of planning obligations is that they are directed towards the public good. Whilst we understand the positive intentions behind the electricity bill discounts proposed in the Bill, such incentives would be inappropriate in planning terms. The RTPI would instead advocate for contributions to funding pots that can be used for community and environmental improvements that lead to long-term benefits.
The Department for Energy Security and Net Zero published alongside the Bill guidance on Community funds for transmission infrastructure. This guidance is an excellent first step towards providing clarity for both developers and communities. Approaches outlined in this guidance provide a route-map for securing long-term benefits for communities and delivering transmission networks fit for our low-carbon future. Moving forward, the RTPI would support a review of guidance related to community benefit, covering a wider range of development types.
Contact:
The RTPI is happy to support Peers and their staff throughout the passage of the Bill. If you would like to discuss any of the above or have questions around planning reform, please get in touch [email protected]