In Planning, the term ‘exceptional circumstances’ is usually reserved for discussions in relation to the Green Belt. In the current Covid-19 affected world, every day gives rise to exceptional circumstances and we are all having to find new ways to work in order to make progress.
The Government are responding quickly to the situation we find ourselves in, to help enable the planning system to operate as smoothly as possible. We consider the implications of these responses, including the Coronavirus Act, and the recent newsletter from the Government’s Chief Planner, which in pressing for creative ways to continue the planning processes and related decision making. A potential opportunity exists to plan for the recovery and future investment decisions.
Coronavirus Act: Enabling Planning Committees to continue
Following review by the House of Commons on Monday and subsequent amendments, the Coronavirus Bill was fast-tracked through parliament and received Royal Assent on 25th March, making it an Act of Parliament.
The Bill includes provisions (Section 78) which temporarily enable Councils to hold planning committees and other local authority meetings (including parish council meetings) without councillors being physically present. This allows remote participation or voting. It also allows alterations to the timing, location and frequency of meetings. The provisions are temporary and will end on 7 May 2021, although the Bill will be debated and voted on every six months by Parliament. This replaces the provisions of the Local Government Act 1972 (LGA 1972), which required Members of a planning committee to be physically present at the meetings, and is a welcome quick response to enable democratic decision making to continue in the current COVID-19 climate.
Now the Act is in place we await advice from the Secretary of State in terms of how the video conferencing will be rolled out to Councils and when it will be implemented. As ever, it’s likely each Council’s timeframes for going virtual will differ and we’ll continue to monitor the situation. Savills is already aware of examples of Councils switching to virtual meetings, for example Horsham District is trialling virtual planning committees from early April. Westminster City Council are also bringing forward new ways of running their committees from early April.
The Act is now in place and can be viewed here:
http://www.legislation.gov.uk/ukpga/2020/7/contents/enacted/data.htm
MHCLG Update: Continuity in the Planning System
The Ministry of Housing, Communities & Local Government released a Planning Update Newsletter from the Chief Planner on 24th March. It set out that Local Authorities should continue to provide the best service possible and prioritise decision making to ensure that the planning system continues to function, especially where this will support the local economy. Authorities are asked to take an innovative approach and use technology to ensure discussions and consultation continue. This includes both decision making and plan making. Delegated committee decisions are encouraged if appropriate.
Savills continue to monitor Local Authority responses to this. A copy of the letter can be found at the following link and we consider below the implications for the various planning processes.
Planning Applications:
Application Registration: Local Authorities have been receiving and registering applications via the Planning portal for a number of years. The process of checking applications and confirming their registration carried out by officers and administration staff will need to adapt to remote working which may cause some delays in the short term, for example through the physical process of posting out consultation letters. Procedures such as site notifications and site visits will also need to adapt. Meetings are already being held virtually and site visits can be carried out through a combination of photos and videos, submitted by applicants, and well established internet applications.
Delegated Decisions: Local authorities are actively considering their options to continue making decisions, which will often involve amendments to their constitutions and / or standing orders. Some Local Authorities such as Royal Borough of Windsor and Maidenhead, Trafford Council and the London Borough of Merton are preparing emergency powers to enable more delegated decisions. Belfast, for example, has already delegated planning decision making powers to its Chief Executive in consultation with lead members. The Royal Borough of Kensington and Chelsea are considering measures to provide more flexibility for extending the determination period for applications.
Conditions: there may well be some delays in obtaining discharge of conditions. This could have impacts where development needs to commence, owing to the time limit of planning permissions.
Appeals: the Planning Inspectorate is still processing Written Representation Appeals and is considering alternative measures with respect to the processing of Hearings and Public Inquiries, for example the use of online or video conferences. This might be an opportunity to convert some cases to the Written Representation procedure. At present, no staff are operating in PINS’ Bristol or Cardiff offices, and thus the submission of appeals online is a must. We anticipate more guidance shortly.
Plan Making & Technical:
Local Plans: consultation on emerging Plans can and is continuing. Physical consultation events will be delayed for (at least) 3 months, but alternatives exist and can be deployed in order to allow progress to be made, for example using webinars and other online material. Examination Hearings have already been postponed in all locations. Outside of periods of consultation, the technical work to undertake a review of a Local Plans can continue although at some point the democratic process will need to be engaged to agree draft Plans for publication. This process should be assisted by the Coronavirus Act.
Technical Evidence: a number of factors contribute to the evidence base for Local Plans and applications for relevant schemes can still continue to be collated. However, in some areas there is a risk of delay if the necessary studies have not already been undertaken. For example, traffic counts contributing to highways modelling, which must be based on ‘normal’ traffic conditions. This may well delay application preparation, unless an existing evidence base can be accepted as a reasonable proxy.