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17.07.2024

What the King's Speech says about Planning

The Chancellor’s first speech in office stated that planning and development was at the heart of this Government’s Growth Agenda. Today’s Kings Speech confirmed that position.

Planning reform was placed very high on the agenda. In fact, it was second, immediately after a section on the importance of economic growth.

Despite the high-profile position of planning reform in the speech, it was relatively light on planning related legislation. However, if speed is the goal, then it makes sense to avoid too much primary legislation, which can easily get bogged down in parliament (cough LURA cough) and focus instead on the levers that are easier to pull – namely policy changes, such as a revised NPPF, and secondary legislation.  

We do have a proposed “Planning and Infrastructure Bill” referenced in the text of the speech, but its contents were left perhaps deliberately vague. The lack of an express ‘New Towns Bill’ is perhaps a little surprising, but it may be sensible to get a little further along in deciding the location of those new settlements before the legislative framework for providing them is put in place. 

There is a lot more detail in the background briefing - which can be found here. This states that the Planning and Infrastructure Bill will

  • streamline the delivery process for critical infrastructure including accelerating upgrades to the national grid and boosting renewable energy, which will benefit local communities, unlock delivery of our 2030 clean power mission and net zero obligations, and secure domestic energy security. 
  • simplify the consenting process for major infrastructure projects and enable relevant, new and improved National Policy Statements to come forward, establishing a review process that provides the opportunity for them to be updated every five years, giving increased certainty to developers and communities.
  • further reform compulsory purchase compensation rules to ensure that compensation paid to landowners is fair but not excessive where important social and physical infrastructure and affordable housing are being delivered. 
  •  improve local planning decision making by modernising planning committees. 
  •  increase local planning authorities’ capacity, to improve performance and decision making, providing a more predictable service to developers and investors. 
  • use development to fund nature recovery where currently both are stalled, unlocking a win-win outcome for the economy and for nature, because we know we can do better than the status quo. 

The English Devolution Bill will:

  • establish a new framework for English devolution, moving power out of Westminster and back to those who know their areas best. 
  • It will give local leaders the tools they need to drive growth by: 
    •  putting a more ambitious standardised devolution framework into legislation to give local leaders greater powers over the levers of local growth. This will include enhanced powers over strategic planning, local transport networks, skills, and employment support, enabling them to create jobs and improve living standards. We will also introduce new powers and duties for local leaders to produce Local Growth Plans. 
    •  making devolution the default setting, meaning places will be granted powers without the need to negotiate agreements where they meet the governance conditions. Local leaders will be able to formally request 24 additional powers according to the framework and the Government will be required to consider the request and either devolve them or publicly explain their reasons for not doing so. 
    • making it easier to provide devolved powers quickly to more areas through establishing a simpler process for creating new Combined and Combined County Authorities, to ensure that every part of England can rapidly benefit from devolution.
  • Establish a legislative foundation upon which to widen and deepen devolution, with a weighting towards creating advanced mayoral settlements where there is the capacity and ambition to do so. o improving and unblocking local decision making through more effective governance arrangements, ensuring mayors and Combined Authorities can get on and deliver for their areas. 
  • Empower local communities with a strong new ‘right to buy’ for valued community assets, such as empty shops, pubs and community spaces. This will help to revamp high streets and end the blight of empty premises.

Many of these measures were heavily featured in the Government’s manifesto prior to the election:

  • a focus on planning reform (through the NPPF, new towns and other measures).
  • the creation of a Great British Energy company.
  • a push to increase delivery of renewable energy projects. 
  • a focus of devolution, metro mayors and a ‘greater than local’ approach to strategic planning (likely linked to that wider devolution push); and
  • a stronger approach to the regulation of water companies

None of this is a surprise, but it is needed.

The real question will be whether these policies can be delivered fast enough for their effect to be felt before the end of the term. Five years is not a very long time to turn around something as complex and contentious as our planning system. It looks, however, as if the Government is, at the very least, determined to try. 
 

My Ministers will get Britain building, including through planning reform, as they seek to accelerate the delivery of high quality infrastructure and housing [Planning and Infrastructure Bill]. They will also pursue sustainable growth by encouraging investment in industry, skills and new technologies.

....

My Government believes that greater devolution of decision making is at the heart of a modern dynamic economy and is a key driver of economic growth and my Ministers will introduce an English Devolution Bill [English Devolution Bill]. Legislation will be introduced to give new powers to metro mayors and combined authorities. This will support local growth plans that bring economic benefit to communities.”