Welcome to 2023: Consultations, change, and stalling local plans

Welcome to 2023. The year of consultations. 

It has only been a few weeks since DLUHC launched the "Levelling-up and Regeneration Bill: reforms to national planning policy" consultation, and already we have:

• A consultation on new fire safety standards;
• A second consultation on building safety standards
• The promise of a consultation on making SUDS mandatory in new residential developments; and
• An announcement that a consultation on the detailed workings of the Infrastructure Levy will be published 'shortly'.

For anyone involved in planning and development, this equates to a lot of time and effort spent unpicking, understanding and responding to those consultations. 

Let's hope that this time around, that effort is rewarded with a full and considered response from DLUHC. As the last week has also seen the government publish responses to:

• the 2018 Private Shared Ownership Consultation;
• the 2021 Building Safety Levy Consultation; and
• the 2020 Planning for the Future White Paper

All of which were incredibly brief - the longest amounts to two paragraphs - and lacking in substance. The Planning for the Future response was limited to a single sentence "The government set out its proposed approach to planning reform, in light of responses to the White Paper, in the Levelling Up and Regeneration Bill and accompanying Policy Paper ".

The current rapid spate of announcements and consultations is having a marked and immediate negative impact on local plan progress across the country. The uncertainty of policy direction is actively slowing local plan preparation, and in some cases decision making, down in many parts of England. 

Since Mid-December, we have seen:

• Mole Valley (which is almost entirely within the green belt) initially pause its local plan (which is under-examination), and then announce an intention to seek a major modification to it to remove all green belt sites from it. The reason for this: the NPPF consultation that launched before Christmas
• Horsham and Teignbridge Councils both delayed their plan preparation because of Michael Gove's written ministerial statement - published in mid-December
• Vale of White Horse and South Oxfordshire Councils have delayed the adoption of their joint local plans;
• Gravesham Council has both announced a three year delay to its new local plan and lost ten conservative councillors - including the leader of the Council - in part over the question of green belt release; and
• The leader of the Liberal Democrats in Chichester has written to Michael Gove asking to pause all ongoing planning appeals and applications in the District until the outcome of the consultation is known 

Which is hardly conducive to the government's aim of ensuring that all local councils in England have an up-to-date local plan. 

And this is before we get into the nitty gritty of all of the legislative changes that are rapidly coming down the track. 

Not only is 2023 the year that LURB is likely to become LURA, with the government aiming to get the Act onto the statute books before the end of the year, but in November we see the end of the transitional provisions for Biodiversity Net Gain under the Environment Act. 

This is when 10% Biodiversity Net Gain becomes a legislative requirement for almost all new build developments.

Whilst some preparatory work is underway, there is still a lot to do, particularly in relation to establishing the off-site credit market and registration scheme. Things are going to have to move really fast, if we are to avoid a 'cliff edge' in November.

Speaking of things that are heading down the track in the coming months... today happens to be the launch of Irwin Mitchell's "What's on the Horizon" report. 

The report is a very handy summary of upcoming changes for the real estate sector - covering everything from planning & environmental changes, development, investment, housing & later living and care. 

It is well worth a read... and not just because I wrote some of it.... 

In short, strap in everyone. 2023 is going to be a busy year!

In a statement, the Mole Valley Liberal Democrat administration, which has political control of the authority, said it was planning to remove the green belt sites in light of the amendments to the NPPF, which it described as “a significant U-turn in Tory government policy”.

According to the statement, Liberal Democrat cabinet member for planning, councillor Margaret Cooksey said the changes would “remove central direction of housing numbers and the necessity to incorporate green belt development to meet them”.”