Are Labour’s planning reforms the usual rhetoric or the real deal?

The reforms within the NPPF are plentiful, with some of them particularly detailed, so it is going to take some time to fully appreciate what impact they will have. There are not only changes to existing processes, but the emergence of new terminology and language, too. The most high-profile example is the grey belt, which has caused some confusion.

Without going into the viability of grey belt sites – for reasons such as remediation costs, and whether or not it is the answer to the housing crisis as, according to some professional sources, it only represents 3% of the green belt – it is worth addressing some simple misconceptions. The grey belt is land within the green belt and the green belt is a separate designation from the countryside. The green belt was originally formed to prevent urban sprawl.

“We are not about to see the sudden eradication of swathes of thriving green fields. Instead, we will see parcels of previously developed land that are not performing against the green belt purpose, such as car parks, repurposed into a usable site”

We are not about to see the sudden eradication of swathes of thriving green fields. Instead, we will see parcels of previously developed land that are not performing against the green belt purpose, such as car parks, repurposed into a usable site. Though each grey belt site will have a unique set of challenges and probably objections to overcome in order to be redeveloped, there is significant potential on offer.

Another example of changing language is the replacement of “beauty” with “good design”. This is probably a positive step forward for housebuilding, but a slightly ambiguous one too. Things are clearly changing, but it’s hard to predict if they will be enforced when they are unclear.

I must stress the huge number of perspectives and opinions that are taken into account throughout the decision-making process. Labour has reaffirmed that planning is principally a local activity, which should reflect local views. At the moment, there doesn’t appear to be any move away from the democratic approach to planning. Nevertheless, the government does intend to streamline and modernise processes, such as planning committees.

The advice from some professionals in planning is for developers and housing providers to submit more-difficult applications now, because those that are refused by the planning committee can be appealed to the secretary of state. As the appeal process is lengthy, the new government and its agenda will be more established and those original decisions could be overturned.

This opportunity at appeal stage may entice some, but I can understand hesitancy during a time of significant change and the desire for more guidance.

The government will be taking further actions of its own to drive development and remove barriers in the way of its vision. Using compulsory purchase orders to buy land to develop if it is deemed to be in the public interest is one approach, which may also be reformed in order for landowners to still receive their fair share – despite new legislation introduced earlier this year removing ‘hope value’ from the equation. It’s certainly something to keep an eye on.

“The advice from some professionals in planning is for developers and housing providers to submit more-difficult applications now, because those that are refused by the planning committee can be appealed to the secretary of state”

There are opportunities that the government will have its own eye on and probably be promoting, such as the ease with which commercial buildings falling under Use Class E and agricultural buildings falling under Use Class Q can now be converted for residential purposes under permitted development rights.

I use the word ‘ease’ very cautiously here, as planning is rarely simple. However, in comparison with major developments that may contain 500 homes and countless different considerations, the repurposing of commercial and agricultural buildings to make them fit for a new purpose is likely to become more common if the housing targets are to be achieved.

With a five-year housing target now set, every minute matters. From a planning perspective, five years is not a long time and the situation will never be completely stable. However, trends in planning applications and permissions that we will see emerge are going to be dissected in great detail, so this moment in time is both daunting and exciting.

Labour has stated the newly announced reforms represent only a downpayment on its ambitions, with a new Planning and Infrastructure Bill on the way, so there is further change on the horizon. 

Anna Standen, solicitor in planning team, Roythornes Solicitors