The Planning and Compulsory Purchase Act 2004
The new Planning and Compulsory Purchase Act 2004 introduced a radical overhaul of the planning system for England and Wales. The first Planning Act in over a decade is intended to introduce greater speed, efficiency and simplicity to the planning and decision-making processes and increase their predictability to all parties. The principal driving force behind the reforms is the Government's far-reaching Sustainable Development agenda. Visit the communities website.
The main provisions of the Act can be divided into three areas: Regional/ Sub-regional planning The abolition of County Structure Plans; The creation of Regional Planning Bodies responsible for producing statutory Regional Spatial Strategies (RSSs) replacing Regional Planning Guidance. The RSS will identify, among other things, the number of houses that each District/Borough is to make provision for.
Local Planning
The abolition of Local Plans and UDPs; The introduction of a Local Development Scheme, including Local Development Documents (LDDs) setting out policies and the allocation/uses of land; The requirement for LPAs to produce a Statement of Community Involvement; Following public examination of the LDDs, the Inspector's report will be binding on the LPA.
Relevant LDDs and the RSS will constitute the statutory Development Plan. The main implication of the new regional and local plan making system is the need for the development industry to engage with it at a very early stage in order to identify opportunities and promote interests (broad policy or site specific).
Development Control
The life of a planning permission is reduced from five to three years. Reserved matters (following outline approval) must be submitted within three years, and commenced within two years of final approval. A duty on statutory consultees (eg. Environment Agency or Highway Authority) to respond within a given timetable on pre and post application consultations; Dual Jurisdiction - a new provision is introduced whereby following the lodging of an appeal against the non-determination of an application, the LPA has a further four weeks in which to determine that application.
Twin Tracking - LPAs can decline to determine an application where there is already a similar proposal on a site;
Standardisation of application forms and information required to be submitted with the application; Planning contributions - Regulations to replace S.106 with an alternative system.